Barclaycard and Halifax Defaults - Please Help!!

[ValentinoLondon]

Hello,

 

Let me first start by saying thank god for this website and all the people on here who spend hours if their time helping others. Thank you.

 

I am in quite a daunting position and not really sure how to deal with it. It all seems so overwhelming to me. I am in admiration of what others have achieved on this website.

 

I have an issue with 2 different lenders which I will explain as follows:

 

Barclaycard:

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Last Jan 2009 I paid for a company to check the CCA for Barclaycard. It appeared that after a few months Barclaycard were unable to find my CCA, and as such I was advised to suspend payments on the account. I was also advised that Barclaycard should not register anything with CRA's as they have no CCA, and they were written to quite sternly regarding this. However, I noticed that in September 2009 of last year, they registered a default on my credit file. Not a single notice of default or letter was received prior to this, otherwise I would have certainly taken action to avert it.

 

As an added twist I can say that I never filled out an application form for this account. It was all done over the phone in about 2 mins. I wanted to apply for a new credit card, and Barclaycard said that they had my old details on their system from an old card which I had previously settled and subsequently asked them to close. Anyway, they said they still had my old details on their system and can just send me out a new card without having to go through a new application. I received my new card within a matter of days. Don't know if this is significant or not but I thought it was worth mentioning.

 

Halifax:

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First week of July 2009, I got in touch with Halifax because I was having difficulty keeping up with payments. After going through an income and expenditure they put me on a reduced payment plan with the interest frozen for three months. I thought that this would now avoid me getting a default as it had been agreed by Halifax and they were happy to do this for me for three months after which they would review my situation. All went silent and I didn't receive any letters (which I thought was good news, as I had made an arrangement to pay).

 

To my shock and horror, just six weeks into the so-called 3 month arrangement to pay I got a call from one of their third party debt collectors saying that I had to make a new arrangement with them. Halifax had defaulted me while I was in the middle of their three month arrangement to pay. I thought the whole point of the arrangement was to avoid getting a default. I did a similr thing with another lender who did not default me, so Halifax had ill-advised me. Not a single warning letter or notice of default had been received, otherwise I would have gone to the end of the earth to stop it happening. They defaulted me without any communication whatsoever.

 

What to do now?

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Now, I can say I will do absolutely anything to get these 2 defaults removed as it is having a dire effect on my life.

 

I want to know what are the options here?

 

Please help me, advise me, let me know all the possible options.

 

With Barclaycard - they are not in any position to enforce the debt which is quite substantial, so what is the best way to get the default removed? Perhaps an offer to make an arrangement to pay? Or better to go along the lines of no default notice was received?

 

With Halifax - I am paying a reduced amount to their third party debt collectors, but Halifax say the account is now closed and I have to deal with the third party. Again no recollection of ever having received a default notice.

 

In both cases, I can confirm the defaults were placed on my credit file by the lenders themselves, and not by the third parties involved.

 

Please help me.

 

Val

[dx100uk]

poss not a default but late payment markers?

 

sadly there very little you can do about it.

 

both the FOS and the OFT have gone down on record saying that a 'disagreement' over the enforceability of an agreement, does not stop such reporting, it only prevents them from going to court.

 

dx

[ValentinoLondon]

dx,

 

Fair enough dx, they are both definitely defaults, with default dates and amounts.

 

What about default notices or letters? I didn't received any from either.

 

And in the case of Halifax I was in the middle of an arrangement which they made with me - I think I read somewhere they cannot register a default with CRAs if you have made an arrangement to pay. I think it's somewhere in the Banking Code. Please correct me if I am wrong though.

 

Val

[letsdothis]

Chances are that Mercers would have sent you a default on behalf of Barclaycard. Both of mine were faulty and I am in the process of trying to get BC to remove the defaults.

 

You would need to do a SAR to BC and enclose £10 postal order, this should then get you a copy of everything they hold about you. I did this and got the copy default notices that way.

 

Have a read of this, I haven't got anywhere yet though.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/259168-barclaycard-default-removal-possible.html

[ValentinoLondon]

Thanks LetsDoThis, will have a look at the thread.

[ValentinoLondon]

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

[dx100uk]

dont worry too much about doing things right or wrong, it wont hurt.

 

SAR might be your last chance.

 

if you are lucky in getting a copy of the DN's.

 

trouble is if they are smart, they will know they dont actually have to keep a copy of automated letters.

all they have to do is show one was sent.

 

now, your cra file might help on this with dates etc

 

just a side not, have you got 8 on the record?

 

if so that COULD be that 8 low or no payment markers were placed on your cra file, then it automatically is shown as default.

 

just a thought.

 

dx

[ValentinoLondon]

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

[dx100uk]

right thats what i am talking about.

 

it it an automatic default.

 

all they are [have been] doing is reporting to the cra's that you have not made the correct level of payment or late payment.

 

after 6 of such the system shows 8 which means default.

 

thus you wont find a DN from your bank.

unless they latterly issued one.

 

i had exactly the same with one of my HFC loans.

 

dx

[ValentinoLondon]

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

[dx100uk]

no you miss the point

 

it was NOT the lender that did it, it was the CRA systems.

 

dx

[ValentinoLondon]

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

[ValentinoLondon]

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

[ValentinoLondon]

???

 

Is there anyone out there who can shed some light on this please?

 

Still not getting it.

 

Val

[dx100uk]

if a dn was not issued then it cant be invalid

your issue is you stopped paying, they continued to report to the cra's

then after 6 of those it goes to 8, which is an automatic default status.

 

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.

 

you could do this whilst its with the OC, but it'll cost alot more and i've not heard it succeeding.

 

you must have loads of unlawful ffes and p'haps PPI?

might be an idea to do some reclaiming and get the bal down, saves money in the long run.

 

dx

[ValentinoLondon]

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

[dx100uk]

are you aware if either of these have been brought by DCA's or are they just collecting for the OC's?

 

if a dca HAS brought the debt, then it will be in their name on the cra file.

then they have the power to do what they like.

there is a good success rate with making F&F offers whereby your sole condition is they remove all negative date and mark the account as settled.

there is also success in asking them to remove all trace of the A/C altogether, like it never existed.

 

the alternative is £1 PCM for the rest of your life, they can take it or leave it.

 

if they are not prepared to do one orthe other, then your CRA files is shot for 6yrs so i wouldn't bother paying a penny, it would be wasted.

 

dx

[ValentinoLondon]

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

[dx100uk]

typically all the markers & the a/c will be renamed to the new owners [as long as the OC tells the CRA so or the DCA tells the cra - many don't bother on unenforceable debts - as they are only chancing their arm at trying to fleece you and dont want the spot light on them]

 

as for reclaiming, no matter who owns it, your arrows are fired at the OC

 

dx

[ValentinoLondon]

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

[dx100uk]

btw have you cca'ed BOS?

 

dx

[ValentinoLondon]

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

[letsdothis]

The problem you have, is if both CCA's are unenforceable there is nothing you can really do. If you take the OC to court you will lose. If they take you to court, you would probably win.

 

However, not being enforceable, does not make the debt magically disappear. You would need to claim back any default / late charges and any PPI payments, and then try to settle it if you wish to be rid of once and forever.

[dx100uk]

cca bos letes find out if your gonna open a hornets nest by stopping payments.

 

what is the halifax debt anyway a loan?

 

dx

[ValentinoLondon]

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