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    • rmd076
    • By rmd076 12th Apr 18, 11:50 AM
    • 2Posts
    • 0Thanks
    rmd076
    Barclaycard/Link Financial default date
    • #1
    • 12th Apr 18, 11:50 AM
    Barclaycard/Link Financial default date 12th Apr 18 at 11:50 AM
    Hi

    I am looking for some help in identifying what the correct default date should be on an old debt from Barclaycard.

    I went into arrears on a Barclaycard account during 2011 and the debt was transferred to IDR/Link Financial Outsourcing in March 2012. There was no default issued to the credit reference agencies by Barclaycard before it closed the account and transferred it to Link, who subsequently registered a default in September 2012.

    However, having gone through old paperwork whilst preparing a CCA request, I have found a default notice (section 87(1)) from Barclaycard (via Mercers) in December 2011, i.e. before it was closed and transferred to Link. In addition, I also received a default notice from Link in September 2012, just before they registered one with the CRAs. The default is still on my files and is due to drop off this September.

    I believe the correct default date should be the December 2011 one, as that is when Barclaycard sent me a default notice and 3 months before they closed the account and sold it it to IDR/Link. By September 2012 I had also been in arrears for around 1 yea, which I think is too long before a default should be registered under ICO guidelines. However, I am not completely sure and have the following questions:

    1. Must the creditor register a default when they issue a section 87(1) default notice?
    2. Can the debt be sold to a third party DCA without a default being registered?
    3. If yes, can the DCA subsequently issue its own default notice and register a default?
    4. Related to questions 2 & 3, can I be issued with two section 87(1) default notices (I am aware that it is not allowed to register a default twice but not sure if this is the same thing).

    The debt is not settled.

    Clearly, if I get the default changed to the earlier (and I believe correct) date then it will drop off my files.

    Any help gratefully appreciated.
Page 1
    • Tarambor
    • By Tarambor 12th Apr 18, 2:04 PM
    • 2,847 Posts
    • 2,059 Thanks
    Tarambor
    • #2
    • 12th Apr 18, 2:04 PM
    • #2
    • 12th Apr 18, 2:04 PM
    1) No
    2) Yes
    3) Yes
    4) No. You can't be issued a default twice for the same debt. Did you set up a payment plan with the DCA and default on that?

    To be honest though a default of 5+ years ago is going to have little impact on your ability to borrow as long as you have a squeaky clean file from thereon in.
    • rmd076
    • By rmd076 12th Apr 18, 2:49 PM
    • 2 Posts
    • 0 Thanks
    rmd076
    • #3
    • 12th Apr 18, 2:49 PM
    • #3
    • 12th Apr 18, 2:49 PM
    Thanks.

    Regarding number 4). No, I hadn't set up a payment plan with the DCA - nothing had changed from when I received the first default notice from Barclaycard in December 2011. As such, I have said to Link that that the default should have been registered in December 2011 rather than September 2012.
    I have a number of other defaults from around this period - all over 5 years old now but they are still affecting my ability to borrow. No doubt this is because they are not settled.
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