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At what point must a default notice be issued?

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Wondering if there is a legal deadline by which a default must be issued? The reason I ask is in early 2009, I ended up getting into huge debt difficulties which resulted in arrears and reduced payments being agreed. Having checked my credit file, I noticed that one of the Creditors (Barclaycard) held my account as being in 6 months arrears for 20 months before marking it as defaulted in March 2011! Is this something they are/were allowed to do? I've checked my bank statements and I can't see any payments to them after Dec-08 yet it looks like my credit rating is still going to be messed up for ANOTHER 2 years with this date on file. I have queried it with the CRA and I will be asking for a copy of the original notice (which I admit, I can't remember receiving or if I still have a copy of) but has this ever happened to anyone else?

Comments

  • sourcrates
    sourcrates Posts: 31,626 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Lots of people, check out the number of threads about Barclaycard.

    Usually a default notice is issued after 2 or 3 missed payments, but a creditor can default you at any time, after you have broken the terms of your agreement.

    You could complain in writing to BC as you believe they have not treated you fairly, that's what most posters on here do, with varying degrees of success.

    Your "last resort" would be to complain to the ombudsman, if you were unhappy with BC`s response.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thanks for your quick reply! Oh that's not great news then...I suppose I just assumed that they all would have defaulted at the same time (the other debts did, within 3 months) Doesn't really seem fair I suppose but I guess I could try writing to them and/or Ombudsman- no harm in trying!
  • sourcrates
    sourcrates Posts: 31,626 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Thanks for your quick reply! Oh that's not great news then...I suppose I just assumed that they all would have defaulted at the same time (the other debts did, within 3 months) Doesn't really seem fair I suppose but I guess I could try writing to them and/or Ombudsman- no harm in trying!

    People have mixed results with BC.

    Some get interest/charges stopped, some don't, some get defaulted, some don't,but its always worth a letter, as you never know, and you can always take to FOS if not happy with there response.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I had a similar position with Barclaycard, I wrote to their complaints team last thursday, on Monday I received a call from a person in their customer services team. They chatted through the account and they backdated the default to the point at which I had missed 6 contracted payments. I actually couldn't fault their speed of response or action in dealing with this.
    By gambling we lose both our time and treasure:
    two things most precious to the life of man.

    Original Debt total £28591.50 :mad:

    Current Debt total £24646.80 :T
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Great result. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I posted this on another thread but I got a response within a day from BC, removing the default completely from my file! Can't fault their social media team (who I wrote to on a Sunday and had a response for me by Monday lunchtime).
  • sourcrates
    sourcrates Posts: 31,626 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I posted this on another thread but I got a response within a day from BC, removing the default completely from my file! Can't fault their social media team (who I wrote to on a Sunday and had a response for me by Monday lunchtime).

    Nice one, sometimes worth complaining, good result !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Agreed. Always worth complaining. You never know.

    As said on your other thread HK, well done.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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