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  • 2 defaults on credit file for same debt ?

    Hi,

    I have 2 queries really if anyone can help with some advice/clarification.

    Firstly, I defaulted on a Barclaycard debt which was subsequently sold to Link Financial. On my credit report it shows a default to Barclaycard with a £0 balance, and a default to Link Financial for the full sum of the debt. Is this correct or should there only be one default shown on my records ? If pertinent, I am currently making regular agreed repayments to Link Financial which are all up to date.

    Secondly, I have a default registered by Lowell Financial against a debt they bought regarding an Argos account. I asked them for the relevant records some 18 months ago which they stated they did not have to hand but would send as soon as they were able. They stated the debt would be placed on hold in the meantime. I have heard nothing from them since. Are they still able to place this default on my file even though they have been unable to provide the required paperwork to prove the debt is enforceable ?

    I would appreciate any advice on these matters as I am finding it hard to obtain a much needed (and more affordable) remortgage.

    Brian

  • #2
    Item 1 :- yes they sold the balance therefore they now own it. Barclaycard will show Zero as they no longer own the alledged debt.(Original owner)., Note:- the date of default cannot be altered so should be the same as original default date by Barclaycard.

    Item 2.:- As long as the default is an accurate state of the account then it stays, regardless placed on hold by new owners (means further action by them), always a problem in this day and age regarding credit files and affordable mortgages> sure others will comment/advise also.

    stays 5 years Scotland & 6 years the rest of the UK from date of original default recorded
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Hi and thanks for the reply. I have checked and the default dates match on the Barclaycard/Link Financial defaults so guess that's something.....however on closer reading the default from Barclaycard is noted as 'Debt Assigned to CAIS Member'. Does this mean that Link Financial have actually bought the debt ? Seems a bit ambiguous to me as assigned and sold don't seem to mean the same thing to me - Link state they have bought it but have not provided any paperwork to prove this. All I got was the the 'we don't have to' line from them....

      Regarding the Argos/Lowell account, I don't believe that I was ever defaulted by Argos as I had a payment plan which I had kept to. I guess they just wanted shot and sold it on. I have not made any further payments to Lowell as they were unable to provide the relevant paperwork on request from me hence the dispute status (this is marked as disputed on my file btw). This is the one I was most unsure about regarding the validity of the default as technically (imo) I have never entered into an agreement with Lowell to default against ?

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      • #4
        Lowell took over the alledged debt therefore they became the owners and the default passed to them within the sale, they just had to change the name to Lowell, they bought all rights to the alledged debt therefore they have the rights/responsibility to any agreement previous, hope that explains for you?
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          As far as I am aware I didn't default when with Argos - I never ever received a default notice. They simply informed me they proposed to pass the debt to a DCA under their rights in the agreement. I fail to see how Lowell can carry over a non existent default, and then place a default when the debt has not been proven nor any payment agreement made ?

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          • #6
            now you are saying you never received a default notice an idea here:- Send a SAR request Recorded Delivery to Argos (no charge from 25th May 2018) asking for all information held on account xxxxxx, they will then have 30 days to respond, this could evidence what you are saying! when was the card taken out and when was the last payment acknowledgement made?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              now you are saying you never received a default notice an idea here:- Send a SAR request Recorded Delivery to Argos (no charge from 25th May 2018) asking for all information held on account xxxxxx, they will then have 30 days to respond, this could evidence what you are saying! when was the card taken out and when was the last payment acknowledgement made?

              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Warwick65
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  I will do that then as I never received a default from them of which I am now positive. As for the start date of the account and last payment I am not sure as I need to find the paperwork at home (at work at present). If this proves that there never was a default issued I presume that Lowell have acted inappropriately in placing a default on my file and legally they have to remove it - or am I barking up the wrong tree there ?

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                  • #10
                    been informed a default can be remidded i.e. sent out but within a reasonable time , we can look into that if necessary meantime the SAR should give account info ect
                    Last edited by The Tech Clerk; 30th May 2018, 11:08.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #11
                      ok thanks - I'll report back once (hopefully) received. Appreciate your time thus far.

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                      • #12
                        Heading for letter = GDPR 2018 SAR REQUEST
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                        • #13
                          Hi
                          Sorry I have spent the last few days being a dutiful son :-)

                          You need to remember that a default on your credit file is different to a S87(1) Default notice.

                          The other points are , they key info to look at is the date of default, no it seems clear score do not make that obvious but noddle does as does the MSE credit report

                          For the debt where you have it recorded twice, that is quite normal when the one that shows the balance is 0 is just showing that account has been closed and the new one is the ‘active’ one. The actual date of default on each must be the same though.

                          If the file is showing a default date they will disappear on the 6th anniversary never to reappear

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                          • #14
                            As for the debt that they have produced no documents for, if they admit it is unenforceable I think you can argue they should not be reporting it but that is a legal argument - it was explained to me by a very charming person a few months ago but not in enough detail for me to pass on

                            Diana Mayhew any thoughts please

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