Double Default Saga 15 January 2020 at 11:29AM edited 30 November -1 at 12:00AM in Debt-Free Wannabe 4 replies 326 views

Paton47

Hi Guys
Have a wee update regarding the double default issue I’m having with Link. So just to recap l was in a DM plan for years but came out of it after l managed to get some money together to offer settlements to my creditors. This worked great for most of them apart from Link. They wouldn’t accept my offer nor gave me a counter offer then proceeded to log a default on my credit file 🙄 After contacting Barclaycard for my personal information l asked Link for the CCA which they couldn’t provide which obviously means they can’t enforce the debt although they say it’s still payable. That’s was fine until l contacted Barclaycard to enquire about the default etc they told me when the default was issued etc so l contacted Link advising them they can’t issue a default to an already defaulted account. After a few letters they’ve sent me a reply after their investigation which states that “the default letter was issued to me in March 2012 it was never followed through” they said they contacted Barclaycard who gave them this information they even sent me a copy of the default notice sent to me. So basically they are saying they are right to continue issuing me with a default every month as I’m not making payments and they will continue to do so. So Lam now looking for advice from you guys on my next step as l still think that Barclaycard issued me with the default then Link did the same so two on one account 🤷🏻!♀️ Am l wrong in thinking this or are Link right? If l agree to start making payments to them again can l ask them to remove the default, is that even possible? I know as they don’t have the Credit Agreement l don’t legally need to pay but this default has shot my credit file to pieces so I’m more concerned about this right now. I was going to contact the ICO for advice but thought I’d try here first. Any help and advice gratefully received 😊

sourcrates

Hi,

I think I advised you to send a SAR to barclaycard in order to obtain the original default date.
Only by doing that will you know for sure.

If it was not defaulted originally, then link are correct, but you need to know if barclaycard defaulted you, or not.

Suseka97

Do follow sourcrates advice. Sometime what you'll receive are warnings of a default if you fail to keep up with your contractual payments and you can get several of those along the way, before an actual default is recorded against you. The only way to know for sure is to send in the SAR asking specifically for information recorded on your account about non payment and default action.

Paton47

Hi
Yeah you did advise me to do the SAR request which l did do and around March 2012 it does say about a default being issued but no copy of default. Link got a copy of it from Barclaycard and sent it to me. So does that not mean a default was issued on my credit file? Or can they issue the letter to me but not go ahead with it? Link don’t have the original credit agreement either hence the reason I’ve not paid them, they have been horrible to deal with tbh. If it turns out they actually didn’t issue the default what do you advise doing next? I know the debts not enforceable but as l said at the start I’m trying to clear these debts and managed to sort quite a few of them. Do you think Link would remove the default if l came to an agreement to pay monthly then hope they offer me a partial settlement at some point, even though they’re declined my offer. The default on my credit file is what’s annoying me most, do you think they might remove it or can’t that be done? Sorry for so many questions 🙈 once again thank you so much for your help 😊

sourcrates

It’s extremely difficult to get a valid default removed, although the account is unenforceable, you could make them an offer to settle and include default removal as a condition of the offer.
Aside from that you could ask them to remove it as a possible goodwill gesture, (unlikely) as it appears Bcard threatened a default, but didn’t follow it through.