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Double Default

edited 30 November -1 at 1:00AM in Credit File & Ratings
18 replies 1.9K views
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Replies

  • Paton47Paton47 Forumite
    22 posts
    10 Posts
    Sourcrates looking for some advice re above problem. I sent the letters on the 9th/10th October and not heard anything back from either Barclaycard (SAR REQUEST) or Link Financial (CCA REQUEST) I'm wondering is there a deadline I should hear back from them? Also if I don't hear back from them what do I do then? I thought about putting in a dispute to the credit reference agencies regarding the default on the already defaulted account but not sure this is the right thing to do? Regarding Link this is 2 letters I have sent them first one including a postal order for the CCA request? They seem to be really bad to deal with out if them all they are definitely the worst lol
    Any help or advice would be much appreciated.
  • Gary_DexterGary_Dexter PPR
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    Phone each of them to chase.

    No point disputing it on the CRA’s because they will just tell you to contact the lenders.
  • eskbankereskbanker Forumite
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    Paton47 wrote: »
    I sent the letters on the 9th/10th October and not heard anything back from either Barclaycard (SAR REQUEST) or Link Financial (CCA REQUEST) I'm wondering is there a deadline I should hear back from them?
    Businesses have a month (from date of receipt) to respond to SARs, so you're not even halfway through that yet: https://ico.org.uk/your-data-matters/time-limits-for-responding-to-data-protection-rights-requests/
  • Paton47Paton47 Forumite
    22 posts
    10 Posts
    Thought I would post an update guys So I received a letter yesterday from Link regarding my CCA request where they basically said "they were currently unable to comply with my request and therefore we agree the account is unenforceable until such times when they can provide it" went on to say "even if an account is unenforceable it still remains collectable and reasonable for us to continue reporting a default" Then went on to ask me to get in touch to set up a payment plan to pay them!! Now as we have already established they can't and shouldn't have recorded a default on an already defaulted account so seems they are digging their heels in. I am still waiting on a response from Barclaycard on my SAR request so hoping that arrives soon. Wondering what you guys think I should do next? Do I wait for the SAR request before doing anything else or do I get in touch with the ICO to raise a complaint? Again any help or advice gratefully received.
  • Gary_DexterGary_Dexter PPR
    7.5K posts
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    Ask Link to remove any reference and make threats to them to go to the ICO.
  • Paton47Paton47 Forumite
    22 posts
    10 Posts
    Ok so I should write to them and ask them to remove the default on my credit file? It was put on September and again in October so has the wee red dot there. This is the only blemish on my file so quite annoying when they are playing dirty. Gary_Dexter can I ask you do I have to pay them if the admit the debt is unenforceable? Don't really want to make matters worse but then I think the damage has been done already so if I don't pay they can't do anything or am I wrong thinking that? Thanks for your advice again.....
  • edited 1 November 2019 at 11:28PM
    nic_cnic_c Forumite
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    edited 1 November 2019 at 11:28PM
    Paton47 wrote: »
    Ok so I should write to them and ask them to remove the default on my credit file? It was put on September and again in October so has the wee red dot there. This is the only blemish on my file so quite annoying when they are playing dirty. Gary_Dexter can I ask you do I have to pay them if the admit the debt is unenforceable? Don't really want to make matters worse but then I think the damage has been done already so if I don't pay they can't do anything or am I wrong thinking that? Thanks for your advice again.....
    If the debt is unenforceable it means they cannot get a CCJ and go through enforcement options, so in a nutshell no you don't have to pay. Just because it is unenforceable it doesn't mean they can't send letters asking for payments, they just can't threaten to get a CCJ. So no requirement to pay - its like if I started sending you letters asking you to pay me £100 to stop paying letters - you can pay me £100 and I won't send you any more letters but if you don't I may send you more letters asking you to pay me to stop. You have to be careful not to make any payments or admit the debt.

    Tell Link to remove the incorrect default notice, and escalate it if necessary. They may refuse, you need to raise a complaint and if they still refuse you need a deadlock letter before escalating with ICO. Basically ICO won't entertain you until you have gone through Links complaint procedure and a Deadlock letter is they disagree with you and can not resolve to a mutually satisfactory outcome.
  • Paton47Paton47 Forumite
    22 posts
    10 Posts
    Have an update guys so any further advice would be much appreciated 😁 So finally received my SAR request today 🙌🏻 Seems I’ve had a few accounts with Barclaycard on behalf of other company’s. Managed to locate the account in question but they’ve really only sent me statements 🤔 no credit agreements or default notices 🤷🏻!♀️ no record of a default in any statements either but it does state it’s going to happen. Anyway l phoned Barclaycard up and asked about the default and they confirmed they issued it in February 2015 which is only 4 years ago. I found this strange though as it’s nowhere to be seen on my credit file so l assumed it was note than 6 years ago they did it. Still it confirms there’s a default already on this account so I’ve asked them to send me a copy of this which they agreed to. So am right in saying I should write a letter of complaint to Link asking them to remove the default from my credit file? Should l state that l know for sure it already has one and should l say to them l will make a complaint to ICO if they don’t comply? Just unsure what to say should l go in lightly to start with or make my intentions very clear from the start? Is there a template anywhere for this type of letter? Any help much appreciated guys 🙏🏻
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