Default twice on same debt

Funkygibbon

I had a barclaycard that I defaulted on back in 2005. The balance is only £670 and foolishly I thought if I ignored it it would go away. Obviously it didn't and was passed to a debt collecting agency, again I ignored them and they defaulted on me for the £670. I have now started a payment plan with the debt collecting agency. Is there anything I can do about these two defaults?

Thanks for your help

bank_of_slate

Hi Funky and welcome, I think that because you have acknowledged the debt and are now paying it that there isn't much that you can do, I'm sure if I'm wrong, others will be along soon
Welcome to the forum and keep posting for support & advice
...Linda xx

Funkygibbon

I thought I'd be able to remove one default at least??

fermi

You should only have one default registered for any debt.

But who is named on the default, and who is responsible for maintaining the info can be changed.

From: Technical Guidance Note - Filing defaults with credit reference agencies

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.

The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

Have they registered a new default, or simply updated the old one to reflect it's new status?

thriftymomma

I have just came on to ask the exact same question. Defaulted Freemans 182 a couple of years ago and it is still showing as a balance of 182 - Action took the debt and it is showed as defaulted but satisfied - I also had a CCJ stupidly because of this paultry amount and that too is showing satisfied. So for one debt I have two defaults and a CCJ.

It was paid off in July 2007 so I have just rung Freemans to ask them to update it so that it is at least satified. They were trying to tell me it wasn't their problem but it is their credit mark or whatever so it is their responsibility to put it right. But the lady that deals with th edebt recover conveniently goes home at 2.30pm so the girl I spoke to said she would call her and then call me tomorrow. I shan't hold my breath though and will be back on the phone to them tomorrow. I know it doesn't helop much but satisfied is better than deliquent!
It will stay on there for 6 years whatever though as you did defualt as I did on both accounts - I don't think it matters that it is the same.
Let me know if you have any joy.

Funkygibbon

So I should contact Barclaycard and get their default removed?

fermi

Letter Template: Multiple defaults for same debt recorded with the Credit Reference Agencies

thriftymomma

fermi wrote: »

You should only have one default registered for any debt.

But who is named on the default, and who is responsible for maintaining the info can be changed.

From: Technical Guidance Note - Filing defaults with credit reference agencies



Have they registered a new default, or simply updated the old one to reflect it's new status?

Now that is interesting then.

I did think that technically the recovery company bought the debt off the original compnay so it should have been technically satisfied.

How would I find out. If it is only a recover company then should they have a default too?

The recovery company that is marked satisifed does say MAIL ORDER. Hmmm.................

thriftymomma

fermi wrote: »

Letter Template: Multiple defaults for same debt recorded with the Credit Reference Agencies

Thank you for that:money:

Who would I address that letter to then - Freemans who I originally defaulted with, Actio the recovery or the County court who dealt with the ccj in the end.?
Thanks in advance if anyone could shed any light.

thriftymomma

Sorry for gate crashing your thread Funky!

Funkygibbon

Not a problem!! Hope we can all help each other out!!