It's interesting reading back over my old post to see how dark things were in the early days. I now only have 3 DMP payments remaining and have worked out that I have paid off over £36k of debts. I have 4 defaults on my file with 3 of them due to drop off this month. The remaining default will drop off in February and I will have a nice credit report at long last. It's been an interesting journey but quite smooth on the whole made all the more interesting by me suffering a heart attack 3 years ago. I am now in a really good place although this last year has been the longest as I finally saw light at the end of the tunnel. I am so glad that I started off on this journey and for anyone else in the same financial distress with debt please don't hesitate. I put off my DMP by a year, increased my debt by £5k during this period so should have finished my journey 2 years sooner. Oh well never mind I have finally got where I want to be. For anyone starting their debt free journey the best of luck to you.

Sorry for late reply, things have been a bit hectic of late. To answer your question on what I hope to achieve, in short the refund of interest charged by Sharkleys whilst I have been on a DMP. This would not be an inconsiderable amount over the previous 6 years. I will be sending off my SAR this week.

Anyone able to assist with this query? Should this be moved to general thread as I initially posted? As although it refers to my issue with Barclaycard it is with regard to the general principle of notice of arrears.

The link that you have provided is where I obtained the information for my initial post? It's an explanation for this that I am seeking and whether I can challenge Barclaycard on it.

Looking for advice on this as I have only been made aware of S86D CCA. I have been on a DMP with Payplan for over 6 years. During this time Barclay's have continue to charge interest albeit at reduced rates on my two cards. I don't believe that they ever sent out a notice of arrears for the accounts at any time. With S86D in mind am I right in thinking that they therefore have not been entitled to charge interest. Whilst I have had AP markers for the entire period they have backdated defaults which will mean that they drop off within the next couple of months. I have received monthly statements from Barclays for the cards throughout so does this counteract the requirement for them to provide a notice of arrears. The interest would be sizeable and could wipe out the rest of my DMP which still has 5 months to run. I have found the below advice Arrears notice penalty Of course, when a trader provides credit, he or she accepts that the debtor may default, whether intentionally or not, or knowingly or not. Either way, the creditor is under a duty to provide the debtor with a notice stating that he or she is in arrears and exactly how much money is owed. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

Perhaps I can assist with this. I also had an Egg card that was transferred to Barclays in 2011 and I entered a DMP with Payplan in 2011. I had not been defaulted by Egg when it was transferred to Barclays and have maintained all DMP payments to date with my DMP due to finish in October. Throughout all this time my account has been marked with AP and more recently DMP. I have also received the same letter notifying me that they have now defaulted me. When I called them they stated that they have backdated the default to 201I. obviously I am very please with this as the default will fall off prior to my DMP concluding and it will only be three months after the 6 yr point in which I entered the DMP. If you have not previously been defaulted by Egg then I would suggest ringing Barclays up and you might receive a nice surprise. The only query I have is that Barclays have not sent out an official default notice despite backdating the default to 2011. I am loathe to challenge this as the default will drop of my file shortly. Am I right to think this way? It really is quite cute by Barclays this method. It appears that they do not default you when you enter the DMP and it is almost like they keep you on a leash with AP markers. Whilst AP markers are in place if you were to stop paying in a year, 2 or 3 they could default you at this point which would far extend the 6 year point.

Sadly, my loan was passed over to Moorgate when Egg were dumping their books at the same time I was getting into difficulties. If a 6 is a late payment marker then isn't this considered unfair in view that I am making all agreed payments on time? I can handle the DMP marker it's the 6's that really rankle with me. Barclays also have me AP markers however my status is showing green. I thought the whole principle is about fairness? Clearly not the case when I should have been a non payer from the start. I have gone down the CCA route and the paperwork provided looks good. I really would'nt want to default after already having payed for 3.5 yrs with only 3 to go. DMP is with Payplan.

I am currently in a DMP and have been for over 3.5 yrs. One of my creditors is Idem, formerly with Moorview (same company) and before that Egg. They have maintained a '6' status for 3 yrs along with a DMP marker. I have complained to the ICO who have said that they are processing my data correctly in applying the '6' marker as arrears. I am obviously worse off than if the account had been defaulted as my DMP has 3 yrs left, making the plan 6 yrs in total. How they can get away with this practice as it's perversely unfair. My dilemma now is do I now stop paying to force a default or hope that in 3 yrs the impact of my '6' markers and DMP flag is the lesser of 2 evils. My understanding of the '6' marker was that it was a late payment marker, ICO's view is that the status is in relation to arrears. Can an ICO decision be challenged anywhere?

Thanks. Who should I sar, egg or Moorcroft?

The original terms of my loan. Egg transferred their loan book to Moorgate.I don't believe my loan was sold as a bad debt to Moorcroft if that makes any difference?

There is no PPI in respect of the loan. It would appear that I have made a mistake in saying the interest was front loaded. I have dug out my CCA information that appears to relate to Egg and my original loan. It specifically says 'We charge interest at the above rate on a daily basis on the outstanding balance of your loan. The interest will be added to your loan monthly in arrears and compounded monthly' I guess this allows them to continue with the interest? I am unable to scan the document (7 pages) at the moment as my printer is all disconnected after it ran out of ink. I will try to set it up again later.

Thanks, in view of the fact that they should not be adding interest what is going to be the most effective way of tackling this? I assume letter of complaint which will no doubt be rejected and then FOS? With regard to the CCA, as I remember the document looked like the original application form with signature where it was supposed to be, I assumed that it looked legit. Addmitedly I am no expert with regard to CCA's. I did the same with Barclays for an old egg card and they sent a reconstitued one which did not I think covered the prescribed terms and was devoid of a signature. Moorgate are also updating my credit files with 6's every month with dmp under each 6. I have complained about this but got a reply saying they were making the entries as they were supposed to. The only good thing with being with Moorgate is the fact I havent heard a peep from them in 2.5 years.

Thanks all, I don't know if my existing loan from Egg was sold off as a bad account as I had just started to default on payments and started DMP around the same times as they were dumping their accounts. I have also CCA'd them and it looks in order. It is the question of moorgate adding 8% interest when the interest from my loan was front loaded that gripes me. I have assumed that they were allowed to charge a statutory interest of 8% and have left it alone. I don't want to persue this if is clearly going to be a waste of time. My DMP has been rolling along smoothly for the last three years aside from Barclaycard also charging interest on my two accounts albeit a small amount 3% and 6%.

I previously held an Egg loan with an agreement for payment over 6yrs, on the last year of my account I had to go on a DMP. The Loan was taken on by Moorcroft who were charging 8% interest on the outstanding balance of £1800. In short are they entitled to charge 8% apr as the interest from the original Egg loan was front loaded so I had only capital left to pay? I have received further corespondance from Moorcroft today saying that Idem will now be taking over my account. I understand that they are under the same umbrella but are they any worse. Incidentally moorcroft have been marking my credit file with 6's for the last three years despite me being in a DMP with payment. This is incorrect surely? Finally will Moorcroft have to provide me with a deed of assignment for the transfer of the debt? I have had only what appears to be a letter informing me of the transfer. Thanks in advance for any help or advice.

I have just reviewed my decision provided by the ICO, the complaint was made in reference to your reply above and quoting ICO guidance, the reply I was provided was 'We have decided it is likely Barclaycard have complied with the requirements of the DPA. This is because the credit reference file you have provided accurately reflects the arrangement you have in place with Barclaycard. The ICO can only assist in matters where the information is factually incorrect. In this instance it appears the information placed on your credit file by Barclaycard is factually correct. furthermore Barclaycard have indicated in their letter that your account in on a repayment arrangement for a 12 month period, rather than 6 years' The data I provided showed 2 full years of ap markers, I am on a DMP with Payplan with debts that will take 6 years to pay off i'e another 4 years to go. It doesnt mention anywhere on their response that I can ask for a review.

Thanks Brig, I didn't realise that I could ask for a review. How would I go about it? I would add that although I have AP markers they are all listed in green. Will these not be better than a default I hear so many conflicting stories Re AP markers.

I have a problem with Barclaycard who have now placed AP markers for two cards for over 2 yrs. I complained to ICO who to my astonishment dismissed my complaint as Barclaycard had told them that that my repayment plan is assessed every six months!!!!!!! My plan will last 6 yrs. I CO utter farce in my opinion and gone against their own guidance.

The ICO is directing in Barclaycards favour with regard to AP markers. Barclaycard have been placing AP markers on two accounts for two years now. I am in a DMP with Payplan and will remain in it for another four years. I evidenced that Barclaycard were reporting the data for this period of time and yet ICO went in their favour as Barclaycard told them that the plan was for twelve months and therefore the decision was they are reporting the data correctly. It's an utter farce!!!!!!

Please can someone advise on the following:- On my wife's Experian statutory report which I have recently obtained there is no heading for Financial Associations within the report. It jumps from Aliases to Credit Account Information, does this mean she is not financially associated to me? I am querying this as when I look at my Equifax report I have a heading for Associations which then states underneath that I have no financial associations, therefore my presumption is that there would also be the heading available with Experian to and text stating that there are no financial associations, or am I barking up the wrong tree? If a person has no financial associations do Experian leave the heading off the statutory report altogether? Sorry for the ramble and any advise greatly appreciated.

Never had any charges only the 3 mths where I made token paymens as I embarked on my amp. Never been one to take out insurance either.

Hello all, just popping in to provide another quick update. Everything is still running relatively smoothly, xmas negotiated without much stress as was DD's 18th birthday in March.I have managed to maintain all payments up to date and haven't heard a peep from my creditors. I have recently decided to write complaint letters to Barclays(Former Egg card), RBS and MBNA regarding continuing to charge interst whilst making token payments. Barclays within a week refunded the interest for the 3 mths that Egg imposed their interest, circa £300 refunded. Acknowledgements from both RBS and MBNA saying they are looking into my complaint. Barclays are still charging 6.9% interest and Moorgate 8% for former Egg Loan. I am losing my WTC of £44 this month and my pension is going up by £30 as well as higher utility costs and losing child benefit. Thankfully a large HP is ending soon and my rising costs will be absorbed by losing the HP. My payments as a result are only likely to rise very marginally as opposed to what I had anticipated last year. Well it's nearly a year now and I am in a much better place.

Hello again, can't believe that over three months have passed since I last update, things are quite stable after a shaky start to my DMP what with having to shell out over £300 of repairs on our main car, our second older car blew a head gasket in August as well. It seemed as if the whole world was against me!!!! I decided to scrap the car that blew the gasket and now catch the train to work, in doing so saving a fair bit of money. All has now been very quiet on the DMP side of things, still no phone calls, Moorgate have still rejected DMP offer but are taking payments and have not contacted me at all. Barclays have not frozen interest and are charging 5.9% and have been informed that they have also taken over my Egg CC. Strangly I have had my first statement from Barclaycard for my Egg CC and they have not charged any interest for that one, I hope this continues and have read somewhere that interest cannot be raised whilst on a DMP, is this correct as it would be nice for the Egg debt to continue to attract 0% interest with Barclaycard. I have recently written to Barclaycard asking them to freeze interest and am awaiting a response. Whilst in the process of setting up my DMP with Payplan my debt grew with four of the creditors whilst making token payments. I think my debt rose by £1k, can I ask for these interest charges to be refunded as I thought it was against OFT guidelines for the debt to grow whilst making token payments? They would not freeze interest until they received my I&E from Payplan and as I made three token payments the I&E was not sent by Payplan, until my first proper payment left my account. I have only been defaulted by RBS and the other have AP markers against my credit file, is there anything I can use to insist that they default me? I am led to believe that I should be defaulted within months? To anyone reading if you are fighting against the thought of a DMP don't. My pride led me to swim against a ferocious tide of increasing payment ammounts I could not afford and raised my debt over £5k, over the year I delayed it and caused me a great deal of stress where I eventually became ill. Debt is not worth this and whilst I am not saying it is easy, it a far easier place than where I was and can now sleep at night. I will never forget walking around the supemarket in tears as I could not afford to buy a decent weekly shop for the familly and felt I had left everyone down. Everytime I looked at my little one I felt guilty and became overcome with emotion. I have gained tremendous strength and look forward to being debt free. Thank you CAG.

Hello again, wanted to provide an update and seek further advice. My first payment has now gone out from Payplan on 1st August and from checking my Payplan account it seems that all but one has accepted my payment proposals. I have also negotiated the threats from the solicitors for school fees and they have also accepted a payment proposal on behalf of the school which is inline with what is being offered by Payplan. All good and still a lack of phonecalls. Now to the sting in the tail, the only one being rejected is an egg loan which was passed to Brittanica Recoveries (Moorgate). The Egg loan was the smallest proposal of all my creditors. Having conducted a bit of research on these forums it would appear that they assign defaulted payments to Fredrickson and then Bryan Carter. It would appear that there will be headwork from these guys. I have not received any letters or phone calls yet and was wondering if I should be undertaking any ground work in advance of receiving contact. The loan was taken out in 2005 and only had a year to run, any advice would be greatly appreciated.

Thank you Tingy I dont't know whether the lack of phone calls is down to the fact that I have called them up and explained the timescales and where I am. In effect I am replicating what I state in my letters and ask them to note on the computer that I have made the call and the current state of play with the DMP. MBNA really surprised me when I asked about the lack of phone calls, they said that they could see from my communications I was working to a solution with Payplan and as such they wouldn't be making phone calls as they appreciate it is a difficult situation. I could have been knocked over with a feather. I know the advice is not to phone them but I have found in my case that it's been okay. Is it a case that if you avoid their call they try repeatedly to speak to you? If in fact you do it on the front foot they have no reason to call? I appreciate that this would unlikely be the case with DCA's. I only wish I had gone down this road a year ago I could have had many more good night sleeps behind me. Hey Ho

Just gone online to check Egg, they have issued £32 in default charges and continued to take interest putting me over my limit. I daresay I will get the line that the can't do anything until the get the IE from Payplan. I guess the Lending code does no apply then as it makes no reference to IE's when sending token payments.