Barclaycard..i think am in sh**t

[cool4ny]

HiAm not sure where to start, i had a barclays credit card years ago. I wrote to them about the SAR but i got the standard reply.

 

I put the account into dispute and stopped paying, i didnt get any letter or phone call from barclays since but got occasional letter from their debt recovery people. I never applied for any credit card or loan after that (cause i dont need it).

 

Last week i checked my credit file cause i want to get a loan to expand my business but i was shocked that my very good credit rating has been spoiled by Barclays bank and its debt people( Lowell Portfolio).

 

Please what do i do or where do i start?

 

1. On my credit file is showing default and satisfied with barclays card.

 

2. What about Lowell Portfolio? arethey suppose to register anything on my credit file? and how do i get them to get it off?

Edited July 25, 2012 by slick132
formatting for easier reading

[BRIGADIER2JCS]

Hi, It seems here that the default is correctly entered.

The default entry marked satisfied is when Lowell bought

the account from BC.

Are you saying Lowell have no updated the entry in their

name.

 

A satisfied default remains on file for the remainder of the

6 year life of the default as an up to date and accurate picture

of the conduct of the account.

 

Lowell should up date the file in their name but the default date

remains the same.

 

Which CRA did you check Experian (Credit Expert), Equifax, Callcredit (Noddle)

information may vary, not all creditors report on all the agencies.

[citizenB]

Can you fill in some blanks please.

 

Why would you put the account in to dispute? A standard reply to a Subject Access Request, not sure if there is one? Are you sure you dont mean a CCA request and the standard reply was .. what ?

 

SAR = Subject Access Request - a request for all financial data a company holds and will cost you £10.00 The Company has 40 calendar days to comply.

 

CCA - Consumer Credit Act/Agreement - a request for a copy of the agreement for the account - will cost £1.00 - the company has 12 working days + 2 for service to comply.

 

When did you default on the account, were you ever sent a Default Notice. Were you advised that the account had been sold on.

 

Unless there has been a period of 6 clear years where you have not made payment to the account, the creditor/DCA will continue to update your credit files and that will affect any decision making when applying for credit.

 

HTH

[cool4ny]

I meant the CCA not SAR. What is the best way forward pls? if i pay them, how long before they remove the default on my credit file? The account is with Lowell and is showing on my credit file. I dont mind to pay them now but i want to be sure they will erase it from my credit file.Should i ask for payment plan or how do i move forward from here. Am not happy about the whole messy situation. i dont use credit cards and this was offered to me free in 2007.

[cool4ny]

or should i request for a new CCA...?

[ims21]

If you have stopped paying (as you said earlier on) then the default is correct and will remain on your file for a period of six years after which it will drop off.

 

What was the reason for asking for a copy of the agreement in the first place?

 

Lowell appear to have bought the debt and are updating the creiti file accordingly.

 

From the information you have given I can't see anything wrong unless I've missed something?

[BRIGADIER2JCS]

I meant the CCA not SAR. What is the best way forward pls? if i pay them, how long before they remove the default on my credit file? The account is with Lowell and is showing on my credit file. I dont mind to pay them now but i want to be sure they will erase it from my credit file.Should i ask for payment plan or how do i move forward from here. Am not happy about the whole messy situation. i dont use credit cards and this was offered to me free in 2007.

 

There seems to be some cofusion here a SAR goes to the original creditor, failure to comply

with the SAR in not a reason to put thev account into dispute.

A CCA request goes to the last company to contact you regarding the debt ie the DCA failure

to comply with this now does not have as much impact as previously, the OFT says that a creditor/

DCA should suspend collection activity while a dispute is place.

 

A default entry remains on a credit file for 6 years after which it is removed PAID OR NOT,

if any payment or vacknowledgment has been made at any time in that 6 year period the

debt is not statute barred.

 

SO pay it, the entry remains for 6 years from the default date, don't pay it same conclusion.

[slick132]

Hi Cool,

 

Thread moved to the BC forum.

 

As already said, the default against you appears to be valid, given the circumstances. You stopped paying the a/c without a valid reason.

 

Although you can't get the DN removed from your CRA files, you could settle the debt so that it shows as settled. I think this would reflect better on your CRA files.

 

Were there any penalty charges or PPI on this a/c which you can reclaim. If there are any penalty charges included in the DN total, there's a small chance you can challenge the DN on the basis that it's factually inaccurate.

 

However, based on the experiences of others trying to do the same thing, it'll be a hard slog and you may still fail to get the DN removed.

 

[cool4ny]

Stopped paying cause i was sent a copy of the application form when i made a CCA request and i wrote to them that the account is in dispute cause my CCA request was not fully complied. The account has been sold to Lowell and now Hampton has written to me to make 50% payment on the credit card debt.Where do i go from here cause Barclays didnt think the account is in dispute( sold the account to Lowell).

Edited August 30, 2012 by cool4ny

[slick132]

Hi Cool,

 

Cases decided in the higher courts have set precedents which clarify the circumstances in which an a/c is in dispute.

 

Their response to your CCA request may well now be considered to have met the requirements for them to continue with collection action, including the sale to a DCA.

 

If you can reach an agreement either with instalments acceptable to them, or with a F&F Settl't, your credit files will be updated to reflect any improved status for the debt.

 

[Bazooka Boo]

So lowlifes have offered a 50% discount eh!

 

That means that Sharklaycard have clearly added reclaimable charges on this account?

 

Any account/debt which they offer a discount on is in need of further investigation, something is clearly wrong with it.

 

When did you take this card out?

 

Do you have all of the statements regarding it?

 

How much of the amount outstanding is fees and charges?

[cool4ny]

Thank you guyz....i have decided to pay them after we agreeded on 50% off.

[Bazooka Boo]

Thank you guyz....i have decided to pay them after we agreeded on 50% off.

7

 

NO!!!!!!!!!!!!!

 

Have you got all of that in writing?

 

Have they agreed to clear your credit file?

 

Have they agreed NOT to pass the remainder of the debt to another DCA to collect?

 

Did you get all of the fees and charges back?

[BRIGADIER2JCS]

Whooooops!!!!!

[cool4ny]

I got a letter from Hampton Legal saying as as a Legal owner of of this debt Lowell Portfolio Ltd would like to make one final offer to resolve this matter amicably.

 

*Pay 50% of the balance to settle the account.

[BRIGADIER2JCS]

Possible?????

[Bazooka Boo]

It's a load of bowlarks, once you agree to pay 50% they will then sell the remainder of the debt, and you will be chased by another DCA, your credit file will remain marked, there is NO benefit in paying 50%.

[ims21]

I certainly wouldn't even be thinking of paying them anything....not least for the fact that you appear not have done anything about reclaiming the penalty fees on the account which may make a significant difference.