help wanted about default

kell1973

hello need advice about a debt I got a default notice but this was never registered to the credit ref agencies
this debt was sold to a 3rd party debt collector
I was checking my credit file and things were not right as the new debt collector was putting wrong information on my credit file.
I made a complaint to cra and then got a letter from these saying all the information had been removed
on checking there is no details of the new debt collector
I did a sar to Barclaycard and found out that they never registered the default with the credit reference agencies before selling this debt on .
what can the new debt collectors do can they issue new default I am paying this debt off weekly with the new debt collector what rights do they have with this debt and if I stopped paying them what rights do they have.
it shows on my cra that Barclaycard is closed can they still register the default on credit file if they have sold the account any advice please thanks

fermi

Yes, they could still correct the record to add a default as arguably that is what it should be.

Should have been a default registered at the latest when it was sold or passed on to the 3rd party collector. Depending on dates when Barclaycard say what it there was settled due to being sold on it may not be worth arguing for them to backdate one.

If BC or the collector was to add or correct to a default it would have to be at least put back to when the debt was sold or passed to a collector, or perhaps earlier if you were warned via a default notice or intention to file a default beforehand. If they tried to put something newer on then you could dispute it and get the date changed.

If you stopped paying they could take whatever action the normally could, given whatever the current legal position of the debt is.

The perhaps incorrect credit file entry has no impact on what they can do.

kell1973

hi the Barclaycard never registered the default with cra but now have sold debt so what are there legal rights if the debt is sold
how can the new debt collector add a default date if Barclaycard never put one on my file this is good for me but want to know what rights the new collectors have with this debt thanks

fermi

If they have bought the debt then they have all the rights the original creditor Barclaycard did.

They could add a default but it would have to be an accurate one, the same as Barclaycard should have shown theirs. To maintain accuracy BC would likely have to remove their one, or alter it to show that it was defaulted then sold on. That would require a level of coordination between the DCA and BC that probably has not been worth their bother so far, hence maybe why they've just left it as it is at the moment.

Unless you specifically want it to be marked as a default then probably not worth 'poking' at the issue.