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  • FIRST POST
    • Paton47
    • By Paton47 15th Jan 20, 11:29 AM
    • 18Posts
    • 4Thanks
    Paton47
    Double Default Saga
    • #1
    • 15th Jan 20, 11:29 AM
    Double Default Saga 15th Jan 20 at 11:29 AM
    Hi Guys
    Have a wee update regarding the double default issue Iím having with Link. So just to recap l was in a DM plan for years but came out of it after l managed to get some money together to offer settlements to my creditors. This worked great for most of them apart from Link. They wouldnít accept my offer nor gave me a counter offer then proceeded to log a default on my credit file 🙄 After contacting Barclaycard for my personal information l asked Link for the CCA which they couldnít provide which obviously means they canít enforce the debt although they say itís still payable. Thatís was fine until l contacted Barclaycard to enquire about the default etc they told me when the default was issued etc so l contacted Link advising them they canít issue a default to an already defaulted account. After a few letters theyíve sent me a reply after their investigation which states that ďthe default letter was issued to me in March 2012 it was never followed throughĒ they said they contacted Barclaycard who gave them this information they even sent me a copy of the default notice sent to me. So basically they are saying they are right to continue issuing me with a default every month as Iím not making payments and they will continue to do so. So Lam now looking for advice from you guys on my next step as l still think that Barclaycard issued me with the default then Link did the same so two on one account 🤷🏻!♀️ Am l wrong in thinking this or are Link right? If l agree to start making payments to them again can l ask them to remove the default, is that even possible? I know as they donít have the Credit Agreement l donít legally need to pay but this default has shot my credit file to pieces so Iím more concerned about this right now. I was going to contact the ICO for advice but thought Iíd try here first. Any help and advice gratefully received 😊
Page 1
    • sourcrates
    • By sourcrates 15th Jan 20, 12:12 PM
    • 19,111 Posts
    • 18,040 Thanks
    sourcrates
    • #2
    • 15th Jan 20, 12:12 PM
    • #2
    • 15th Jan 20, 12:12 PM
    Hi,

    I think I advised you to send a SAR to barclaycard in order to obtain the original default date.
    Only by doing that will you know for sure.

    If it was not defaulted originally, then link are correct, but you need to know if barclaycard defaulted you, or not.
    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.
    • Suseka97
    • By Suseka97 15th Jan 20, 1:49 PM
    • 883 Posts
    • 972 Thanks
    Suseka97
    • #3
    • 15th Jan 20, 1:49 PM
    • #3
    • 15th Jan 20, 1:49 PM
    Do follow sourcrates advice. Sometime what you'll receive are warnings of a default if you fail to keep up with your contractual payments and you can get several of those along the way, before an actual default is recorded against you. The only way to know for sure is to send in the SAR asking specifically for information recorded on your account about non payment and default action.
    • Paton47
    • By Paton47 15th Jan 20, 1:55 PM
    • 18 Posts
    • 4 Thanks
    Paton47
    • #4
    • 15th Jan 20, 1:55 PM
    Sourcrates
    • #4
    • 15th Jan 20, 1:55 PM
    Hi
    Yeah you did advise me to do the SAR request which l did do and around March 2012 it does say about a default being issued but no copy of default. Link got a copy of it from Barclaycard and sent it to me. So does that not mean a default was issued on my credit file? Or can they issue the letter to me but not go ahead with it? Link donít have the original credit agreement either hence the reason Iíve not paid them, they have been horrible to deal with tbh. If it turns out they actually didnít issue the default what do you advise doing next? I know the debts not enforceable but as l said at the start Iím trying to clear these debts and managed to sort quite a few of them. Do you think Link would remove the default if l came to an agreement to pay monthly then hope they offer me a partial settlement at some point, even though theyíre declined my offer. The default on my credit file is whatís annoying me most, do you think they might remove it or canít that be done? Sorry for so many questions 🙈 once again thank you so much for your help 😊
    • sourcrates
    • By sourcrates 15th Jan 20, 2:58 PM
    • 19,111 Posts
    • 18,040 Thanks
    sourcrates
    • #5
    • 15th Jan 20, 2:58 PM
    • #5
    • 15th Jan 20, 2:58 PM
    It’s extremely difficult to get a valid default removed, although the account is unenforceable, you could make them an offer to settle and include default removal as a condition of the offer.
    Aside from that you could ask them to remove it as a possible goodwill gesture, (unlikely) as it appears Bcard threatened a default, but didn’t follow it through.
    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.
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