Barclaycard refuse to default me

cookyy2k

I started my DMP last March, all my other lenders put me in default and registered this on my credit file, barclaycard however did not. The account just shows up as rows of 6s.

I rang them to get them to change it to a default as the account has been payed at below its minimum payment for 3-6 months.

They informed me that it would not be defaulted until the 7th month as that is when they pass it to their recoveries team, however as long as I kept to my agreed repayments they WILL NOT default me.

I asked why not as clearly they were putting me in a worse position by me attempting to pay my debt than if I had just stopped to which they said they're actually helping me because I could come into money and be able to pay it all off in 6 months in which case a default wouldn't show (yeah right).

I requested that they default me as that way if it takes me 6 years to pay them back (it's looking like longer) the late payments will show for 6 years after that as opposed to dropping off 6 years from now. I said I was perfectly willing to contact the FOS over this but they are adamant that they are doing the right thing.

Is there a template letter or other that I can sent to them to sort this? They are clearly not helping by not defaulting me and I don't want to discontinue payment to them because it will take longer to payback and no doubt they'll use the excuse to cancel my DMP agreement with them.

nottoolate

no template but quote the relevant parts from here https://forums.moneysavingexpert.com/discussion/3172602

Tixy

I don't think there is a template.

But you could write to them and refer to the ICO guidelines on filing a default. https://forums.moneysavingexpert.com/discussion/3172602 In particular the text highlighted in red in section 4, and section 24, particularly the last sentence about not disadvantaging you.

Thrugelmir

cookyy2k wrote: »

They are clearly not helping by not defaulting me

You are in a DMP, this in itself will be sufficient to restrict your access to credit for some considerable time. So there's little point in getting worked up over a default.

cookyy2k

Thrugelmir wrote: »

You are in a DMP, this in itself will be sufficient to restrict your access to credit for some considerable time. So there's little point in getting worked up over a default.

Yes 6 years from the date of default. I don't intend to take any credit.

However if they default me now (or 3 months ago like they should have) in 6 years it will be gone. If they do not default me then it will show as in arrears until the balance is settled, then it will be 6 years after that before it drops off my file. I see this as clearly disadvantaging me over someone who makes no attempt to pay whatsoever don't you?

Bettingmad

This is going to disappoint however Barclays are a law unto themselves and the ICO will come down on their side despite the clear guidance the ICO provides.

I have already made a complaint to the ICO after first complaining to Barclaycard. I have been on a DMP for 2.5 and during that time Barclaycard have placed AP markers throughout this time. ICO guidance state that AP markers are a temporary short term measure for 6 months. Why did ICO rule against their own guidelines? It is because Barclaycard in response to the ICO stated that as I was on a DMP the agreement is reviewed every 6 months!!!!!!!!

My DMP is due to last another 4 years so therefore I am clearly going to be in a worse position that if I did not bother to pay anything and ignore them. They would then default and the file would be clean after a 6 year period.

I can only assume that Barclaycard do this to keep us on a tight leash, they know that unless we maintain payments they can then default at any time and thereby ensure our files are screwed for a longer period.

They have even lied about holding a valid reconstituted CCA agreement for my old Egg account. I have had expert advice which states that the agreement they have provided is not a valid CCA as they do not contain the prescribed terms and variations.

Bettingmad

The only way to play it in my opinion is to pay them nothing and force a default.

cookyy2k

Bettingmad wrote: »

The only way to play it in my opinion is to pay them nothing and force a default.

I'm holding that as a final resort. I'm hoping it doesn't come to that but if it does so be it.

rizla_king

Thrugelmir wrote: »

You are in a DMP, this in itself will be sufficient to restrict your access to credit for some considerable time. So there's little point in getting worked up over a default.

There is every point, as this default or lack of is now the single limiting factor determining how long cookyy2k's credit file will be harmed for.

matttye

Bettingmad wrote: »

This is going to disappoint however Barclays are a law unto themselves and the ICO will come down on their side despite the clear guidance the ICO provides.

I have already made a complaint to the ICO after first complaining to Barclaycard. I have been on a DMP for 2.5 and during that time Barclaycard have placed AP markers throughout this time. ICO guidance state that AP markers are a temporary short term measure for 6 months. Why did ICO rule against their own guidelines? It is because Barclaycard in response to the ICO stated that as I was on a DMP the agreement is reviewed every 6 months!!!!!!!!

My DMP is due to last another 4 years so therefore I am clearly going to be in a worse position that if I did not bother to pay anything and ignore them. They would then default and the file would be clean after a 6 year period.

I can only assume that Barclaycard do this to keep us on a tight leash, they know that unless we maintain payments they can then default at any time and thereby ensure our files are screwed for a longer period.

They have even lied about holding a valid reconstituted CCA agreement for my old Egg account. I have had expert advice which states that the agreement they have provided is not a valid CCA as they do not contain the prescribed terms and variations.

Are the ICO forgetting about their guideline that says that an arrangement to pay shouldn't disadvantage someone over someone who makes no effort to pay?

I would stop paying them immediately.

matttye

Thrugelmir wrote: »

You are in a DMP, this in itself will be sufficient to restrict your access to credit for some considerable time. So there's little point in getting worked up over a default.

You're missing the point.

Default - 6 years of no credit from now then a clean slate once DMP is paid off.

Late payments - 6 years to clear DMP (6 years of no credit) - then a further 6 years of no credit because of all the late payment markers.