Barclaycard statue barred help + credit file help

[patters1978]

Hi everyone

 

some help if possible

 

Barclays Credit Card debt

 

default date on my credit file 11/02/2010

 

i believe the default date to be 30/08/2009 as on that date i received a letters from mercers debt collections limited

stating they were dealing with me on behalf of barclays...

how can i 100% make sure this is correct?

and deal with it?

 

also on my credit file i have 2 entries for the same default from a lloyds overdraft

one from lloyds

the other from lowell

 

how can i sort this?

 

cheers

 

actually i have just found a letter from mercers stating the following

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Default notice served under section 87(i) of the consumer credit act 1974

 

dated 21/08/2009

[silverfox1961]

Hi

As Mercers are part of Barclays, they hadn't sold the debt so no need to default. Even if Barclays passed the debt on to an external debt collector to act on their behalf (as in NOT sold the debt) then a default notice wouldn't be required.

 

Usually a default is placed when payments have been missed for between 3 and 6 months. If you were in an arrangement to pay then no default needed placing. If you were paying token payments or no payments at all, the timeline above should have happened.

 

As for the double default, write to Lloyds to get theirs removed as Lowell are now the new owner of the debt.

 

After all that, what sort of debts were these. Any charges? payment protection?

[SabreSheep]

Hi there

 

First of all.

 

When was the credit card taken out?

 

Roughly how much is outstanding

 

Any PPI?

 

Any Late payment fees or Overlimit charges?

 

As for Mercers, do not be fooled. THEY ARE BARCLAYS

 

1. NO PHONE CONVERSATIONS!

2. Send a CCA request to Barclays

3. Ignore Mercers completely. As I said above, they are a different desk in Barclays.

 

 

Re the 2 entries for the same overdraft. Check your credit report carefully. I suspect what has happened is that Lowell have only UPDATED the entry with their name.

[SabreSheep]

Whoops great minds

[silverfox1961]

Whoops great minds

 

You sure? Great minds? certainly not me

[citizenB]

In theory, Mercers are unable to issue a Default Notice as they were not/are not the Creditor. If you were thinking of claiming statute barred on the account, then you could actually use the date of the Default Notice (incorrectly issued or not) to start the SB clock - but from two months after the remedy date on the Notice.

 

So if the DN date was 30.08.2009 - you would start the timing from 30.10.2009.

[patters1978]

right thanks for your help everyone

 

looking through more paper work and i have the following

 

9/7/2009 - Letters barclays account overdue Outstanding balance £1,204.87 payment due £254.87

 

30/8/2009 - mercers

 

20/11/2009 - Calder Financial collections and legal debt recovery outstanding £1,368.60 payment due £418.60

 

this debt has gone from debt collectors all over the place and is currently with Lowell

 

Im afraid to ask about it in fear to start the 6 years again

[Miss Hope]

So far as I can see you have 2 choices.

 

 

1. If you believe you owe the debt then pay it.

2. If you don't owe it or as is often the case that a small debt became an unscrupulously large one through interest and charges

then hang on until February when the Default will be removed anyway

after which it will be statute barred from the likes of Lowlife from chasing you for it.

[SabreSheep]

So far as I can see you have 2 choices. 1. If you believe you owe the debt then pay it. 2. If you don't owe it or as is often the case that a small debt became an unscrupulously large one through interest and charges then hang on until February when the Default will be removed anyway after which it will be statute barred from the likes of Lowlife from chasing you for it.

 

 

Until the OP does a CCA request and ascertains PPI and Charges (Plus Appropriate interest) then the OP does not know if the amount is genuinely owed.

 

If you do not have all the paperwork, now is a good time to also do a full Subject Access Request to Barclays.

 

A CCA request and SAR do not impact on SB time.

[dx100uk]

there is no link between defaulted date and statute barring date.

 

 

a debt might not even show as it was defaulted more than 6yrs ago but the debtor has continued to pay after the default notice issuance.

 

 

don't like the comment of 'if you owe the debt you should pay it...CCA whomever is after the money FIRST esp if its a fleecing dca.

 

 

as for the two Lloyds defaults

as long as the defaulted date is the same, it is not hurting you.

 

 

dx