Default date. Can it be moved?

Glitchinthemainframe

So, had a back injury and associated mental health issues in 2012.

Subsequently, ran into trouble with debts around May 2013. Started missing payments, making token payments etc

On my Barclaycard, in August 2013 I made what was to be my last full minimum contractual monthly payment. After that date I missed a couple more, then wound all debts into a DMP with Vincent Bond.

Barclaycard got a small monthly payment via the DMP, about £40pm, on a circa £7000 balance. Vincent Bond ceased DMPs in about Sept16 and I ceased all payments to Barclaycard at this point, as I was struggling. Barclaycard registered the default in Nov16.

Do I have any grounds to challenge that ithe default ought to have been registered back in 2013 when I hit trouble, made my last contractual monthly payment and had the line of credit revoked?

I may now be in a position to make a F&F settlement, but this default date thing is annoying me. Other creditors registered their defaults back in 2013. BC seem to have delayed.

Any grounds for complaint? Anyone any exerpeince?

[Deleted User]

You can ask for it to be moved with within 6 months of the actual default.

Willing2Learn

Hi,
According to ICO guidance, the account should have been defaulted once it was 3-6 months in arrears of your original credit agreement. Make a complaint to Barclaycard and request that they comply with the guidance. If they do not comply, you can escalate your complaint to the ICO.

Just to add, that this is only guidance and Barclaycard are not compelled to comply. However, they are required to have due regard to the guidance.

See the thread linked below. Pay particular attention to post #4
https://forums.moneysavingexpert.com/discussion/5598629/punished-for-dmp

And welcome to the forum

Glitchinthemainframe

For anyone in a similar position......

I succeeded. Emailed a complaint letter Sunday evening and they called me today and agreed to shift the default date to September 2013 from November 2016!

ukp

Glitchinthemainframe wrote: »

For anyone in a similar position......

I succeeded. Emailed a complaint letter Sunday evening and they called me today and agreed to shift the default date to September 2013 from November 2016!

Could you post what you emailed here please? I’m in a similar position and don’t know what to write. Well done on getting a result.

[Deleted User]

ukp wrote: »

I’m in a similar position and don’t know what to write.

"Please move the default date to be within 6 months of the default occuring."

Willing2Learn

Deleted_User wrote: »

"Please move the default date to be within 6 months of the default occuring."

...And don't forget to quote the ICO guidance

Glitchinthemainframe

Ref: Barclaycard No. 4929 XXXX XXXX XXXX

Formal Complaint

Ref: Unfair Late Placement of Default

Sir / Madam


I refer to the above mentioned Barclaycard account. It has come to my attention that Barclaycard
has registered a default with credit reference agencies dated circa 29/11/2016.
This is some 39 months after the "cause of action" i.e. the cessation of contractual payments and
activity on this account.
I am sure Barclaycard is fully aware of the Information Commissioners Office Guidance on
defaults and the need for defaults to be placed within a reasonable time, usually no more than 6
months after the cause of action.
To register a default as late as this one places me at a distinct disadvantage in relation to the
provisions of the Limitation Act 1980 rather than if Barclaycard had acted in accordance with ICO
guidance and registered the default promptly.
I respectfully require Barclaycard to amend the default date to within the guidance time scale i.e.
within 6 months of the date of the last contractual payment made to the account (August 2013).
I am aware that a Formal Complaint allows a 56 day timescale for investigation and will await
your response.
I reserve the right to make a complaint to the ICO and a report to the FCA regarding the conduct
of Barclaycard in this matter.
Yours Faithfully

[Deleted User]

You can ask - but as you've already written the ICO's view on it is only a guideline and they are not inclined to move it.

Being on a DMP though is more like an arrangement to pay, whereas a default is for payments that are completely missed - which is why Barclaycard have registered the default after the payments stopped and not whilst they were coming in from the DMP.

Willing2Learn

I don't agree.

Being on a DMP means that you have broken the terms of the original agreement. Therefore, this should surely be marked as a default, in order to accurately reflect the fact that the agreement has ended, as the terms of the agreement were not adhered to by the borrower.

Glitchinthemainframe

!!! wrote: »

You can ask - but as you've already written the ICO's view on it is only a guideline and they are not inclined to move it.

Being on a DMP though is more like an arrangement to pay, whereas a default is for payments that are completely missed - which is why Barclaycard have registered the default after the payments stopped and not whilst they were coming in from the DMP.

I rang on a Sunday and got a bog standard offshore call centre drone who told me to get on with it. So I wrote that letter and emailed it on the Sunday night, and got a call Tuesday morning from an onshore complaints team that needed no persuading or arguing with. Sorted it in <5minutes. Although I now need to watch my credit file to make sure they;ve done it.