Issues with MBNA and Barclaycard entries on my credit file

A question about : Issues with MBNA and Barclaycard entries on my credit file

To cut a long story short(ish), I got myself up to my eyeballs in debt years ago. I had been keeping reasonably on top of making the actual payments and in 2009 got a decent payrise and was planning to start paying some debts off instead of just maintaining them. Unfortunately my partner then was made redundant and I ended up having to pay all the bills as well as my debt. I started to fall behind and tried to make reduced payment plans. Some creditors were really helpful, others not so much . At the time I was furious when some defaulted me after 3-4 months of reduced payments but can see now they actually did me a favour as the defaulted accounts will fall off my credit file in the next 2-3 years.
My issue now is that after a couple of years in rented accomodation we're getting really frustrated at how much we're paying out on rent for a tiny 2 bedroom house in comparison to friends who are paying the same for mortgages on much bigger places and can't afford the rise in rent for something bigger.
I started doing some research and realised we could probably get a mortgage in a few years when most of the debt will be repaid. I realise we will need a larger deposit as we still be sub-prime but accept that as I know it's my own fault and hopefully after a few years of paying the mortgage on time and the debt being repaid and the references falling off my credit file we would then be back in prime category and could move to a cheaper deal.

Or so I thought. MBNA and Barclaycard, despite both recording level 6 late payments and serving default notices didn't actually default my accounts in 2009-2010

I changed my bank account last year and the MBNA direct debit didn't change over during the switching service (which I know I should have checked but it slipped through the cracks). They then sold the debt to Moorgate who defaulted me in November 2012. The MBNA entry has been removed from my credit file and the Moorgate entry now has the payment history of the MBNA account. I have no dispute over the amount owed and will happily make an arrangement to repay it but does anyone know if there is anyway to get the default backdated to 2010 when I was originally marked as 6 late payments even though I was paying a reduced amount.

The Barclaycard issue is a whole other ballgame
Despite agreeing an interest free, reduced payment plan, they started to charge interest after 6 months. I complained as my financial circumstances hadnt changed and despite my payments my balance was INCREASING due to the interest. I stopped paying the reduced amount and wrote to them to say I was disputing their treatment of the account and requesting that they refreeze the interest. They ignored me but continued to send statements and demands. This stopped in 2011 and have heard nothing since. When I checked my credit file last week (admittedly for the first time in ages) Barclaycard is marked as settled in October 2011. There is also another entry for MKDP LLP for the same amount with a default date with the same date as the settlement date.. I have never heard of MKDP and have never received a default notice. Can they default a purchased account that wasnt already defaulted???

Also, are they both allowed to record the same debt at the same time???

Again I have no problem repaying the debt but both will now be on my credit file until 2017 for problems that happened in 2009.

Can I get the MKDP entry removed and leave the settled Barclaycard entry on my file? I'm loath to challenge the MKDP default as if they remove it the record will stay on my credit file for 6 years after the account is settled.

Sorry for the length of this but I'm so disheartened after thinking the light was finally at the end of the tunnel

Best answers:

• Any advice gratefully received!
• If you never received a default notice you should complain in writing to MKDP that the account was defaulted unlawfully and you wish for them to remove it otherwise you'll complain to the FOS and ICO.
  You should again complain in writing to Moorcroft advising them that the ICO's guidance on filing a default says one should be filed after six months of non-payment:
  https://ico.org.uk/for_organisations/...%20%20doc.ashx
  Page 5 - "Accounts should normally be filed as being in default where those payments due have not been received for six months."
  Ask them to remove the default or you will complain to the FOS and ICO.
• Is there any way I can complain about the date of the default rather than the actual default? Having them removed would mean the accounts staying on my files until 6 years after they're settled which would be even longer than the defaults
  The rest of my defaults will drop off around 2015 whereas the MKdP one would be 2017 and the Moorcroft one in late 2018
  All my financial difficulties happened at the same time, for the same reason and it just seems really unfair that Moorcroft could have them blighting my life for an extra 3 years
• They can't backdate a default because they need to serve on you a default notice before applying the default, and they can't do that if they're going to apply one in the past.
  It's a difficult situation, they may decide to replace the default with late payment/arrangement to pay markers if you ask for it to be removed.
  You could initially write to them asking for an explanation of why it took them so long to apply the default.
• That's exactly what I don't want them to do! As they're not settled yet it would be another 6 years after the settlement date before they account would come off my credit file
• Bumping this back up the list