Hi all please advise what I do next . I had a loan with Alliance & Leciester and cos I left job was unable to make full payments, agreed to pay lesser amount. Any way long story short, paid all monies owing, never knew til recently they have filed a default notice again me, so used template letter requesting copy etc. Never got one, wrote again, never got one so sent letter to Equifax, who have taken it off my file, wrote to Information Commissioner and FOB. Just got a letter back from Santander today, refering to my complaint saying the following: "In responce to your query regarding the default notice and the registration of the default with the credit reference agencies. I have carefully reviewed the history of your account and can confirm that we have not breached our requirements under the comsumer Credit Act 1974 or the banking code........ We are unable to provide a copy of the original copy of the default notice. In any event a failure to produce a copy of the default notice would not have prevented us from enforcing the agreement only and not prevent us from registering a default with the credit reference agencies Given the history of the account we believe we have acted in compliance with our regulatory requirements and I regret I am unable to remove the default" Is this right ? Surely if they cannot provide the evidence that they issued a default notice they have no rights to register it against me. Please please can someone advise on what to do next Simon's Mum

Hi Slick132, when did Barclay's take over M & S ? If they have put this on my credit file should they have written to inform me like they are supposed to do with a default ? Or should they be able to produce something saying that they were going to put the marker on. Because I've never had anything from them, like I said earlier I didn't know about account with Barclays. Also I'm realy confused now cos I've just got my credit file from "Callcredit" and according to them Barcleys have not put an end date that my account was settled. But according to Callcredit I owed £7436 in Aug 2006, but since Sept 2006 it says the balance is nil. Experian say it was settled on 31.10.2008 Equifax's says that on 4/9/2008 i owed nothing to barclays when "insight last updated" How can I find out exactly when it was paid off and how long will it stay on for ? Experian report says special instructions started on above 1/4/2005 and ended 1/8/2008. Sorry so many questions !! Do I need to write to Barclays asking for a copy of the debt management flag notice ? I just wrote to all 3 asking for a copy of the default notice, which I never got off anyone. Mint & A & L have since written grovelling letters saying they are sorry I've had to complain about them to the ICO and they will be in touch in the future when they have carried out further investigations, so I wont hold my breath Simon's mum

Hello Slick132, thanks for your reply. I'm not sure about any charges as I got rid of most of the papaer work once everything was paid off. But what I dont understand is if my agreement was with Morgan Stanley how and why are Barclays allowed to record this flag. I dont recall ever been asked permission for my info to be used by anyone other than M/S. M/S have never told me that it was been taken over by Barclay Card- I've also notice on my credit file that Santandar have placed a record- and again I've never had any accounts with them. If I've never agreed for my information to be disclosed is that in breach of the data protection act ?? I followed the standard format of writing to Barclays, Alliance & Leiceister and MINt asking for copies of the default notices, non of them sent any, after waiting, and sending a least 2 more letters to them for 8 weeks with no replies I then contacted the Information Commissioner and the FSO, and Equifax. Equifax got no reply from A & L or MINT so that's why they've removed as unsubstanciated, but wont remove the Barclays one, but wont say why. What is the difference between a default and a debt management flag ? Is there a different way in how I should have been notified ? When I contacted Morgan Stanley and agreed to pay a lower amount I was never told that this flag would be put on my file- but I think it was all agreed over the phone so how do I prove it ??

Hello everyone, First time posting ! I am currently in the process of trying to remove 2 defaults and a Debt management flag from my Credit file- I have written to Equifax and in my opinion they have been very good- (Had a default placed by Alliance & Leiciester and RBS-Mint removed.) Any way that's off the point. On my credit file there is a "debt management flag"- placed by Barcley Card This has puzzlled me as I've never had a barclay Card. It's only since reading these threads that I realised I did have a Morgan stanley Credit card and back in 2004/2005 I had to leave a job as it was making me ill and agreed to Morgan stanley to make reduced payments. Once I got another job I then statred making the full payments- The final payment was in late 2007 early 2008. I have 2 questions. 1. If my credit card was with Morgan Stanley is it right that Barclay card can put this debt management flag on my credit file - I'm assuming that they bought/tookover Morgan Stanley. 2. Is there a template letter or does anyone have any suggestions as to how to word a letter to Barclays asking them why and if they will remove the Debt management flag off my credit file. Any suggestions ??