Defaulted in 2010 and 2019 - same debt 14 January at 9:05PM edited 30 November -1 at 12:00AM in Debt-Free Wannabe 5 replies 578 views

Bobbins2Debt

Hi all


A bit of a long story this so will keep it short as possible. In 2009 we came across hard times and got defaults on loads of credit card debts. In 2010, Barclaycard (under Mercers) issued me with a default under two credit cards - I have the paperwork in front of me now. The debts for the two Barclaycards were then passed onto Link Financial.

Last year (2019), Link Financial issued me with defaults again for the debt that was sold to them from Barclays. This is a pain as all the defaults had fallen off my file.


Question, were Link allowed to do this or am I worth writing off to the three credit reference agencies and raising a dispute?


Many thanks in advance.


Bobbins

middleclassbutpoor

This may help

https://forums.moneysavingexpert.com/showthread.php?t=6026669&highlight=default+same+debt

sourcrates

No they can’t do that.
CRA can’t help you.
Written complaint to the creditor.

Accounts can only default once.

If not satisfied after exhausting their complaints process, then escalate to the ICO.

Bobbins2Debt

Many thanks for that middleclassbutpoor. I think I saw that thread - I did multiple searches before posting but from what I saw I couldn't tell whether anyone had had luck with a debt where the default had fallen off and had then been defaulted again.



Many thanks sourcrates. I thought the CRA was the place to start - obviously not. Saved me some time then there.

Bobbins2Debt

OK, an update. I wrote off to Link who didn't even acknowledge my email so after the three days they had to respond I wrote off to the FOS.They said they would contact Link but haven't come back to me yet. Anyhow, also sent off to the three CRAs and just received a reply off one of them now as follows:

I can confirm that they consider the information to be accurate, so have not given permission for it to be amended or deleted.

They have stated that "Your credit file will show 2 separate entries for this account. The first entry by Barclaycard will show the account and its history with them from the time the account opened till the time it was assigned to Link. The second entry for Link will start the account history from where  Barclaycard stopped to present.  Barclaycard entry is shown as settled/satisfied and flagged as debt assigned from the date the account was assigned to Link, where our entry will begin and will have a current balance outstanding.

Lenders when they look at your credit file will see that the account has been assigned and realise it is not 2 different accounts."

I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly. Their contact details are:

Does anyone know what part of law states that Link is in the wrong please? Or, is it better me getting some legal representation and, if so, who? Is the Citizens' Advice Bureau the place to go or somewhere else? I can't imaging the FOS giving me the result I am after.

Many thanks in advance

B2D

Willing2Learn

You do not require legal representation.

You just need to follow the advice given by sourcrates:
You make the written complaint to Link
If Link either fail to respond or do not provide a satisfactory resolution, then you escalate to the ICO.

Why ICO?  Because the ICO are responsible for making sure that data recorded by debt collection agencies such as Link is accurate.
https://ico.org.uk/your-data-matters/your-right-to-get-your-data-corrected/