Barclaycard Default Four Years Later

[Parmenion]

Similar to the other thread recently started I also received the sorry we have been reporting to CRA wrong and heres the default notice.

 

Default date is end Jan-2010.

 

Background for me is

 

got into trouble due to lack of work in 2009

after some back and forth with BC (a lot via their internal DCA's) trying to reduce payment to £1 a week

they agreed to stop charging interest and eventually a 1% a month payment was agreed and direct debit setup,

this was Jan 2010

 

they never took any payments and have had no contact from them since

so the default date is probably in line with last contact/payment.

 

I also previously had the default notice letter for each account from Mercers in the past

which I suspect from reading here and other sites that was never a 'real' one,

that dated a few months earlier in 2009.

 

The accounts date from the early 90's and

 

I did CCA then in the past

but they sent the reconstituted agreement they seem to send as standard

so am pretty confident they don't have a signed agreement.

 

Balances are @2k and @14k

 

What is my best plan here

 

have 28 days to contact them if want before the default (my credit record is full of defaults from this time so not worried about it on my file)

but my feeling is to wait for the default date to pass and see what their next response is?

 

Suspect will get passed to Mercers and at that point can start again down the CCA or SAR route?

 

Does this seem sensible or

 

should I contact them now and try and get a f&f offer from them.

 

They are also my mortgage provider in case that complicates matters.

 

Was just getting back on my feet financially and out this comes from the woodwork got that stressed feeling all over again.

[citizenB]

So if the Default Notice was dated 2009 (real or not) then the default marker should have been placed no later than 6 months after the remedy date was passed without payment.

 

Try and work out the dates from that and see if they are correct in the information within the letter you received.

[dx100uk]

I would get an SAR off anyway.

 

dx

[BRIGADIER2JCS]

Given the current state of Barclaycard and Barclays Bank record of CRA reporting and default placement imo

a SAR is really the 1st move now in every case.

[cashins]

As a matter of interest, if you can find the original Mercers default it would be to your advantage.

 

Some time ago I successfully had a BC default date changed back to when I had a micky mouse Mercers one which was about a year earlier. The ICO took the view that, legal or not, I could have taken the Mercers one as legit and could have acted on it. They ordered BC to change the date.

 

David

[Parmenion]

I have the original default notice form Mercers on file will dig it out and check the dates.

 

Will get an SAR off and go from there.

[Parmenion]

Just before I send off the SAR request can I just check, does me doing so reaknowledge the debt and reset the clock so to speak?

[dx100uk]

no its a legal request

 

dx

[BRIGADIER2JCS]

You can always add this request is not an admission of any liability.

[cashins]

I have the original default notice form Mercers on file will dig it out and check the dates.

 

Will get an SAR off and go from there.

 

Good luck with the Mercers thing. You will have to complain regarding the default dates to BC to the point where you get a final respone, then file with the ICO. This will take a considerable amount of time however they will rule that a default is a default legal or not.

 

Always appealed to me, BC send out these default notices as a 'threatogram', hoist with own petard.

 

David