Hello dx, Ok. I just thought that if a debt is unenforceable then why would anyone want to buy it off the oc. In that case why have Barclaycard just sat on it for a year and done absolutely nothing about it. No letters, no correspondance at all. Nor have any of the Debt Collectors got in touch either. Some may say thats a good thing, but it doesn't give me a chance to offer a F&F settlement. The reason that the defaults are causing me trouble is because I just recently had a job offer retracted because of it. It was a huge blow. Val

Hello dx, Ok thanks, I am starting to get the idea here. It seems a shame that just because I had an 'automated' default as opposed to a 'manual' one, I was not afforded an opportunity to stop it from happening by way of a DN. I would have thought that a default is a default and the whole point of a DN is to give someone a last chance to sort out the situation so as to avert it. The problem is that the debt can never be sold to a DCA because there is no CCA. I am correct in assuming this? In which case there is no hope My other lender which is a Halifax also has an automated DN (I am guessing), but with that lender there is a CCA, so I guess if I stop the arrangement I have made with Blair, Oliver and Scott (their in-house DCA) it might just get sold to an external DCA, after which I could offer a F&F settlement to get the default removed. Then again, if I cant get both defaults removed then I'm not sure what the advantage would be of removing just one. They both occured in a space of a couple of weeks of each other. Val Val

Hello everyone, Its been about a month since I last posted and since then I have been reading up on the possibilities but don't know what to make of anything. Its all so overwhelming for me and keep on going round in circles - information overload - I guess I would make a terrible lawyer! But time is moving on and I really need to make a start on this now. I just have too many questions in my head and don't know where to begin. I really need some clarification before I feel confident that I know where I am going. I have 2 defaults with 2 different lenders, but I think I need to focus on one lender at a time, so I'm just going to focus on Barclaycard for now. Just to recap: Barclaycard have no CCA and defaulted me in Sep 2009 (exactly one year ago) because I suspended payments. I haven't heard anything from them nor from any DCA since the default. Everything went silent when they realised there was no CCA and they couldn't do anything about it. Now I want to get this default removed. The defaulted amount is about £17600. I think there are 4 main options but I have too many questions. Please would someone comment on whether I am on the right track or not. I would also like to know *which order* I should proceed in: 1. I understand that the CRA's defaulted me by default (so to speak) because I had 6 months of missed payments. Now, as I understand it, how the default came about is immaterial. The fact is I have had a default placed on my file, and I should have received a default notification letter from the lender, to allow me the 28 days (?) to address the situation. The truth is if I had known about the pending default I would have resumed payments immediately. I would never have let it go to default status. On that basis, I would like to know, should I request the lender (Barclaycard) to provide me with a copy of the original DN and if they fail to provide me with a copy then can I ask for the default to be removed? If they don't have a copy of the original DN and refuse to remove the default then can I write to the ICO and would they view this in my favour? If they (Barclaycard) do provide me with a copy of the original DN which (I don't recall having received), then should I check for any inaccuracies and ask for the default to be removed on that basis? Problem is I have heard that if the original default amount is inaccurate then they can issue a new one. Is this correct? I dont think the account is closed because they keep on updating the CRA each month. I can see this from the Last Updated date. 2. The second option is to write to Barclaycard stating that the debt is unenforceable, which they are acutely aware of, and I am prepared to make an arrangement to pay *if they remove the default*. Surely they would want their £17600 repaid, would they not? 3. The third option is to write to Barclaycard stating that there is no CCA, and as such any alleged debt which they say I have is not regulated by a valid CCA. Therefore they need to remove all my details from their computer systems and are not permitted to share any information with anyone (including any CRAs). I think I read on the ICO website that a requirement to share information with CRAs is to have a regulated valid CCA. Now since a CCA does not exist then this requirement is not met and they are not permitted to share information with CRA's. Is this correct or just a red herring? 4. The fourth option is to forget about requesting any DN's at this stage. Request a SAR first and take it from there once I see all correspondance. Truly, I really wish I could pay for someone who has a lot of expeience to do this for me. Problem is I don't know who?? Or if I can't find anyone then I would just ask that everyone be patient with me and help me along the way, as I'm going to need a lot of help. Thank you all so much Val

To be perfectly honest I am not looking for the debt to magically disappear. I want to get rid of the defaults and will do whatever I have to to achieve that. Even if I have to pay the full balances off I will do it. I need to get those defaults removed. Both of the debts are credit cards for Halifax and Barclaycard. Val

Problem is all this started about 18 months ago in Jan 2009, when I signed up with one of these consumer credit companies who would check for unenforceable agreements. They did it for Barclaycard and for Halifax. For Barclaycard there was no CCA and they advised me to suspend paymemts (which in retrospect was a big mistake because of the default, although I was also poorly advised they said they would get rid of any default). For Halifax they said to me that the CCA was unenforceable without giving me too much details. The company that was dealing with all of this I cant get in touch with anymore. Its all a bit of a shambles to be honest, and I'm trying to clear up the mess now. To cut a long story short I haven't CCA'd BOS, although from what I was told, Halifax were able to provide a CCA and it was unenforceable. Is it worth it to CCA Blair, Oliver and Scott? What would be the aim here? Val

I think Blair, Scott and Oliver who I'm making reduced paymemts for are an in-house DCA for the Halifax, and so I think I should freeze all payments to them in the hope that they will sell it on to an external DCA. It could be risky but then I might be in a much better position to negotiate a F&F settlement if it was an external DCA - and then get my default status changed to Settled. Val

I'm not aware that the DCA's have bought the debt. My credit file only shows Barclaycard and Halifax, and not the actual DCAs. All late markers and the defaults are registered against the original lenders. Saying that, I have not heard from Barclaycard for a year, nor from their DCA (Debt Managers). It seems they have stopped in their tracks because they can't enforce the debt - I dont think they can sell it on either without a CCA - Don't know if that's good or bad for me (?) My first task is I will have to find out who owns the debt. If the debts get sold will all the old late payments and default still show as being for Barclaycard, or will ALL EXISTING references be changed to the new DCA? Anyway, I feel now I am getting the picture. Val

Ok dx, thanks for that really appreciate it. Debt Managers took over from Barclaycard but they stopped hassling me a year ago once they realised the debt was un-enforceable. Haven't heard from them since. Blair, Oliver and Scott are the DCA for Halifax and have put me on a very low monthly payment plan. When you say: "the only possible way to get this resolved would to wait for it to be sold on then offer a very low F&F to the DCA close the matter and remove all markers from your CRA and mark it settled." How would I arrange all the markers to be removed and mark it as settled if it was an automated default? Is this something I would have to get the DCAs to agree to? Indeed would they have the authority? I just need to get this all clear in my head so I can have a plan of action. Many thanks again for your help. I can start to see now which options are available to me to persue. Val

??? Is there anyone out there who can shed some light on this please? Still not getting it. Val

Just a passing thought, as I mentioned earlier Barclaycard are unable to enforce the debt due to no CCA. Is it worth approaching them with a proposal to make an arrangement to pay on the grounds that they remove the default? Is this a realistic approach and has anyone heard of this working? Its quite a substantial sum, so it would be in their interest to have the debt paid. Val

I see. So in that case if I wanted to get the defaults removed for whatever reason who would I need to write to? The CRA or the lender? Lets say for argument sake that the default amounts are inaccurate due to unfair charges, or for whatever reason, if the CRA systems automatically register a default after 6 months then who would I need to write to to have them removed? Is there any point me going for a SAR? Basically I want to know where do I go from here? Any options still open to me? Val

Okay dx - thanks for your reply. Even though it is automatic, aren't the lender still not required to send me a notice prior to this happening? It all seems a bit bizarre that it defaults automatically without the lender having to do anything. So where does that leave me? What options do I have if I don't find a default notice? What did you do in the case of the HFC loan? Thanks for your help. Val

Hi dx, For Experian, both Halifax and Barclaycard are showing an '8' for the account status, and there are many of these. For Equifax, both Halifax and Barclaycard are showing late payments in the payment history which go from 1 to 6 and then show a 'D' with no history afterwards. What is the significance of this? Not sure I understand. Val

Ok... I have done quite a bit of reading and quite honestly its all a bit much for my head. But it looks like in my case - the best way forward is to check for default notices (which I don't recall receiving) from both of the lenders to see if they are faulty in any way. As I said in my first post I don't recall receiving any default notices from either lender. Am I on the right track here? Is this the route I should take or is there another option better suited to my case? Sorry but I am really new to all this and I find it all so overwhelming. I would really appreciate some pointers just to get me going. Should I request a Subject Access Request right from the start before I do anything else or would it be better to send a letter like the one shown here: How to attempt to remove a Default Notice | LearnMoney.co.uk I just want to make sure I am doing everything in the right order. Thank you for all of your help. Val

Thanks LetsDoThis, will have a look at the thread.