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  • FIRST POST
    • Paton47
    • By Paton47 5th Oct 19, 5:03 PM
    • 16Posts
    • 4Thanks
    Paton47
    Double Default
    • #1
    • 5th Oct 19, 5:03 PM
    Double Default 5th Oct 19 at 5:03 PM
    Hi Guys
    Looking for some advice regarding defaults. Long story short I was in a DMP for years which I paid for. Managed to come out of it this year after getting some money with the intention of offering my creditors a partial settlement. A few of them have accepted my offers and a few haven't so I've arranged to pay a minimal sum to them every month. One of them LINK FINANCIAL have been really horrible and unhelpful unlike the others. They basically wouldn't accept anything then registered a default on my credit file for this account. This has really wound me uo as my credit file had just recovered and was in a healthy state. Before anyone says it I know I owe them the money but I've paid the majority of this off pretty sure what I owe is the fees they piled on with charges and defaults etc. My question is about the default though, this account already had a default on it way back when I got into financial difficulty. I've been told and have read that you can't get a default on an account that already has one. I have written to them asking about the default and for the CCA as well as apparently if they don't have this it limits the power they have but they've ignored this. So I am about to issue another letter asking again for a response to both these points but wondered if anyone knows of anything else I can do. Can I approach the credit reference agency to get it removed? Any help or advice will be great appreciated...thanks
Page 1
    • Gary_Dexter
    • By Gary_Dexter 5th Oct 19, 6:33 PM
    • 6,988 Posts
    • 4,647 Thanks
    Gary_Dexter
    • #2
    • 5th Oct 19, 6:33 PM
    • #2
    • 5th Oct 19, 6:33 PM
    If Link purchased the original debt then they can add a default in their entry as well so long as it matches that of the original debt before being sold on.
    • sourcrates
    • By sourcrates 5th Oct 19, 8:13 PM
    • 18,766 Posts
    • 17,679 Thanks
    sourcrates
    • #3
    • 5th Oct 19, 8:13 PM
    • #3
    • 5th Oct 19, 8:13 PM
    As Gary says above, that should be the correct process, both defaults should show the same original default date, unless your saying the original default is over 6 years old and has fallen off your file, in which case Link can’t add another, so if that’s the case, send a written complaint, and go to the ICO if not corrected.

    When you asked Link for a copy of the credit agreement, did you make a formal written request under section 77/79 CCA 1978, enclosing the £1 statutory payment ?

    If not, then you should do so following the correct procedure.
    National Debtline provide a suitable template letter in the “sample letters” section of their website.
    Last edited by sourcrates; 05-10-2019 at 8:15 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Paton47
    • By Paton47 6th Oct 19, 5:33 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    • #4
    • 6th Oct 19, 5:33 PM
    • #4
    • 6th Oct 19, 5:33 PM
    Hi
    Thanks for your reply. Yeah the debt had fallen off my credit file. I had tried to offer the a partial settlement but they didn't accept it tried to get me to continue with the monthly payments. I though they couldn't issue a default on an already defaulted account as another creditor said the same to me. The other company said they would issue a default if l didn't keep up with the payments but I said the account already had a default and they agreed they couldn't do it. Yeah I sent a £1 postal order with my CCA request and also asked them about the dafault....no reply as yet. Should I write to them again?
    • sourcrates
    • By sourcrates 6th Oct 19, 5:49 PM
    • 18,766 Posts
    • 17,679 Thanks
    sourcrates
    • #5
    • 6th Oct 19, 5:49 PM
    • #5
    • 6th Oct 19, 5:49 PM
    Hi
    Thanks for your reply. Yeah the debt had fallen off my credit file. I had tried to offer the a partial settlement but they didn't accept it tried to get me to continue with the monthly payments. I though they couldn't issue a default on an already defaulted account as another creditor said the same to me. The other company said they would issue a default if l didn't keep up with the payments but I said the account already had a default and they agreed they couldn't do it. Yeah I sent a £1 postal order with my CCA request and also asked them about the dafault....no reply as yet. Should I write to them again?
    Originally posted by Paton47

    Right, you have two issues here, the first is that the account can only default once, so the second default is invalid, you should ideally make a SAR request to the original owner of the debt, this should get you the original default date, next, send a written complaint to Link, outligning the above send a copy of the original default date as proof.

    Next, the CCA request, the account is currently unenforcable, as they have not responded to your request, a reminder should be sent to link, asking them to comply.

    You have two issues, you should treat them as seperate complaints, otherwise one may get missed, if link won`t or don`t respond to your complaint about the default, you can then escalate the matter to the ICO.
    SAR template letter available from the ICO website.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Paton47
    • By Paton47 7th Oct 19, 11:37 AM
    • 16 Posts
    • 4 Thanks
    Paton47
    • #6
    • 7th Oct 19, 11:37 AM
    Thank you
    • #6
    • 7th Oct 19, 11:37 AM
    Thank you so much for your help and valuable information. I will get in touch with the original creditor to find out when the default was originally placed on the account. What is an SAR request and is there a letter template somewhere for this. I will also send a letter of complaint to Link regarding them putting a default on my account again. I am sure there is a template somewhere to chase up the CCA request so I will look for this. I will also treat both these issues separately from now on. What is the ICO is it the Information Commissioners Office so I am really making a complaint about the way the information has been used....or am l completely wrong here?
    Again thank you so much for your help.
    • Willing2Learn
    • By Willing2Learn 7th Oct 19, 11:42 AM
    • 4,760 Posts
    • 4,305 Thanks
    Willing2Learn
    • #7
    • 7th Oct 19, 11:42 AM
    • #7
    • 7th Oct 19, 11:42 AM
    SAR = Subject Access Request.

    Click here to read the ICO guidance on what a SAR is and when to use it.

    Click here to access a SAR letter template.

    The reason you would be escalating to the ICO, is because you are questioning and complaining about the inaccuracy of data that has been recorded on your credit file.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • Paton47
    • By Paton47 8th Oct 19, 9:57 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    • #8
    • 8th Oct 19, 9:57 PM
    • #8
    • 8th Oct 19, 9:57 PM
    Thank you so much for your help so am I right in saying that I am writing to ICO to ask when the original default on my account was? Do l have to provide them with the original account number or just the credit card company name and approx date? And should I contact Link with a 2nd letter about the CCA request before I contact ICO with a SAR request. Is there a letter template for a 2nd letter for a CCA request? Sorry I just want to do this properly in the hope that it works. Again thank you......
    Last edited by Paton47; 08-10-2019 at 10:05 PM.
    • sourcrates
    • By sourcrates 8th Oct 19, 10:33 PM
    • 18,766 Posts
    • 17,679 Thanks
    sourcrates
    • #9
    • 8th Oct 19, 10:33 PM
    • #9
    • 8th Oct 19, 10:33 PM
    Thank you so much for your help so am I right in saying that I am writing to ICO to ask when the original default on my account was? Do l have to provide them with the original account number or just the credit card company name and approx date? And should I contact Link with a 2nd letter about the CCA request before I contact ICO with a SAR request. Is there a letter template for a 2nd letter for a CCA request? Sorry I just want to do this properly in the hope that it works. Again thank you......
    Originally posted by Paton47
    No you contact the original creditor for the SAR request, you are asking for all information they may hold on you, the template letter for the SAR can be found on the ICO website.
    You just remind link of your initial request and ask why they have not responded.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Paton47
    • By Paton47 9th Oct 19, 10:59 AM
    • 16 Posts
    • 4 Thanks
    Paton47
    Thank you Sourcrates I'll get onto that today
    • Paton47
    • By Paton47 9th Oct 19, 12:47 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    Sourcrates could l be a pain and ask you to look over these letters to see them f you think theyíre ok please 🙏🏻 Hope you donít mind me asking you l just donít want to get this wrong 😫 sorry it wouldnít let me send you the links 🙈 oh well Iíll just go with them see how it goes....thanks again 😁
    • Paton47
    • By Paton47 23rd Oct 19, 4:28 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    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_Dexter
    • By Gary_Dexter 23rd Oct 19, 5:00 PM
    • 6,988 Posts
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    Gary_Dexter
    Phone each of them to chase.

    No point disputing it on the CRA’s because they will just tell you to contact the lenders.
    • eskbanker
    • By eskbanker 23rd Oct 19, 5:53 PM
    • 11,916 Posts
    • 14,723 Thanks
    eskbanker
    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?
    Originally posted by Paton47
    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/
    • Paton47
    • By Paton47 1st Nov 19, 8:23 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    Update
    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_Dexter
    • By Gary_Dexter 1st Nov 19, 8:52 PM
    • 6,988 Posts
    • 4,647 Thanks
    Gary_Dexter
    Ask Link to remove any reference and make threats to them to go to the ICO.
    • Paton47
    • By Paton47 1st Nov 19, 9:49 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    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.....
    • nic_c
    • By nic_c 1st Nov 19, 10:24 PM
    • 2,191 Posts
    • 1,142 Thanks
    nic_c
    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.....
    Originally posted by Paton47
    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.
    Last edited by nic_c; 01-11-2019 at 10:28 PM.
    • Paton47
    • By Paton47 13th Nov 19, 11:11 PM
    • 16 Posts
    • 4 Thanks
    Paton47
    Double Default Update
    Have an update guys so any further advice would be much appreciated 😁 So finally received my SAR request today 🙌🏻 Seems Iíve had a few accounts with Barclaycard on behalf of other companyís. Managed to locate the account in question but theyíve really only sent me statements 🤔 no credit agreements or default notices 🤷🏻!♀️ no record of a default in any statements either but it does state itís 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 itís nowhere to be seen on my credit file so l assumed it was note than 6 years ago they did it. Still it confirms thereís a default already on this account so Iíve 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 donít 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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