Credit card "In Default" but not with lender

ratherbesimracing

Hi All

In 2015 i started to get into financial difficulty,  i lost my job,  my business closed, and i separated from my wife as well - to cut a long story short it was a dark time and i am still trying to come back from now.    

I had a Barclaycard at the time.  In the course of 2015 i only paid x3 payments as was in contact with Barclaycard,  i paid in January, March and September - my credit file shows i missed all remaining months.  

A default could have been applied by Barclaycard for April through to August - It wasn't presumably because i was in contact at this stage.  Having paid no further payments in 2015 they could have applied it in December\January or anywhere through to November 2016.  

Instead with no default only missed payments the account was transferred to Hoist group.   

On my credit file the account is marked with Barclaycard as closed,  but marked as open with Hoist.  It is not marked as in default with Barclaycard and it is showing £0 balance. 

With Hoist it is marked as "In Default", current balance is as it left BC just over £6k but it shows obviously no payments made but no missed either.   It does however oddly show as opened 14Aug 2013 - which is when i initially got the Barclaycard.  The account also updates every 6 months in January and June shifting the updated date 6 months.   

I believe,  and i stand to be corrected but :- 

• The date opened by Hoist should be the date they bought the debt over not the date the credit card was initially opened with BC.
• Barclaycard should have applied a default in 2015 or 2016.   Therefore the date should have been 6 years ago
• Hoist should not be updating the credit file to reflect "updated" changing the date against the file every 6 months.  

Whichever way you look at it the debt is over 6 years old now so i am looking for a move to strike it off,  i just need or i am trying to understand before then, before i "poke the beast" so to speak.  

Thanks

sourcrates

Creditors are not required to default an account, however it is considered good practice to do so, after between 3-6 missed contractual re-payments.

If Hoist are showing this account as been "in default" is there not a default date showing ?

They could be referring to your payments being in default, rather than the account having been defaulted, two separate things.

Whatever the case, the account should have defaulted as described above, send a written complaint to BC and also to Hoist, just to let them know there is a dispute on the account.

You have the option of escalating this to the FOS or the ICO after receiving their final response.

ratherbesimracing

Thanks for the reply. 

It's quite possible though given that barclaycard closed the account that they might no longer have any record.

You are correct, it is not actually defaulted, just marked as in default. Although Experian and clears ore do show it in defaults section. 

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

SusieT

ratherbesimracing said:

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

When did you last actually pay, or acknowledge the debt? From your opening post it does not sound as if you have had any contact or payment for nearly 6 years...

sammyjammy

ratherbesimracing said:

Thanks for the reply. 

It's quite possible though given that barclaycard closed the account that they might no longer have any record.

You are correct, it is not actually defaulted, just marked as in default. Although Experian and clears ore do show it in defaults section. 

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

If there is no default registered on the credit file then there is nothing to stirke off, the account is accurate in that it shows the amount outstanding and that the account is still open.  

ratherbesimracing

SusieT said:

ratherbesimracing said:

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

When did you last actually pay, or acknowledge the debt? From your opening post it does not sound as if you have had any contact or payment for nearly 6 years...

That's correct, 2015 was the last time I paid or acknowledged the debt, no further contact with them

SusieT

ratherbesimracing said:

SusieT said:

ratherbesimracing said:

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

When did you last actually pay, or acknowledge the debt? From your opening post it does not sound as if you have had any contact or payment for nearly 6 years...

That's correct, 2015 was the last time I paid or acknowledged the debt, no further contact with them

Then it sounds very much as if it is close to being Statute Barred. Were it me, I would not be making any sort of contact until at least 3 months after the SB date 

ratherbesimracing

SusieT said:

ratherbesimracing said:

SusieT said:

ratherbesimracing said:

Sounds like poking the beast to me, it's taken me this long to get back on track so to speak and it wiuld mentally and financially really be a step backwards. 

By the sound of it though, unless I can convince barclaycard they "should" have defaulted it in 2015 I'm going to have a hard time getting struck off 

When did you last actually pay, or acknowledge the debt? From your opening post it does not sound as if you have had any contact or payment for nearly 6 years...

That's correct, 2015 was the last time I paid or acknowledged the debt, no further contact with them

Then it sounds very much as if it is close to being Statute Barred. Were it me, I would not be making any sort of contact until at least 3 months after the SB date 

Thanks SusieT

In that case,  is there anyway of finding out when that might be or,  when and if it goes SB.  What happens on my credit file when it does - will i be able to see it or tell ?. 

I'm working through my creditfile to get to a point i can build for a mortgage.  Its tuff, and i'm struggling - its been a long road. 

Ian

EssexHebridean

If you know the last payment OR acknowledgement by you was sometime during 2015, I would personally leave it a little beyond the end of 2021 to be absolutely safe. 

SusieT

ratherbesimracing said:

SusieT said:

Then it sounds very much as if it is close to being Statute Barred. Were it me, I would not be making any sort of contact until at least 3 months after the SB date 

Thanks SusieT

In that case,  is there anyway of finding out when that might be or,  when and if it goes SB.  What happens on my credit file when it does - will i be able to see it or tell ?. 

I'm working through my creditfile to get to a point i can build for a mortgage.  Its tuff, and i'm struggling - its been a long road. 

Ian

Guesswork but from your opening post the last payment you made was Sept 2015, therefore the next statement would have been October with payment some point end of October so this would be the first missed payment for SB. Therefore the first statement after that missed payment would have been November. Add 3 months and you are end of February, so I would wait until end of March 2022 before doing anything to be safe.

ratherbesimracing

This is how is currently looking.  

But,  Barclaycard is recorded as "Closed" on the clearscore.  But it is showing as open against Hoist.  So am i right in thinking that if the debt is SB with BC then its SB for H as well.