This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

After sending yet another letter to Blackhorse basically spelling out to them that they were in the wrong and I would be forwarding the information to the ICO and claiming for damages in the small claims court. I had a reply that states: Thank you for your recent fax, the content of which has been noted. Having investigated the matter via our collections department, it has been agreed to delete the above agreement totally with the credit reference agencies Experian & Equifax with immediate effect, and they in turn will update their systems with the next five to seven days. The reason for this is due to the fact that the original default date recorded was in fact the date Collection Department wrote off your balance to bad debt in view of your pending IVA, there appears not to have been an original default letter sent to you after the time when you made your last contractural repayment in October 1999. Therefore as there is conflicting 'default' dates it has been considered to delete all relevant information with the Credit Agencies. I trust the action taken today meets with your approval and finally closes this long and drawn out matter to your satisfaction. So yes a result, but no real apology for having a 'default' on my account when they didn't issue one, and here's a few ££'s to say sorry. Hmmmm, should I be happy with this, or should I still look for compensation as the 'default' has prevented me from getting cheaper mortgages, or even a standard bank account. What do you reckon?

I have had a reply from Barclaycard that states:- "I have conducted an investigation into the comments you have raised and as a result I have arranged to have your credit files cleared completely amonth early, in relation to your Barclaycards. The accounts should have been marked as defaulted at the start of the IVA April/May 2000 and this should subsequently have remained on your file for six years from that date. I would like to offer my sincere apologies on behalf of Barclaycard for the error and the delay in responding to this letter. I trust that this is a satisfactory conclusion and if you wish to discuss the matter further, please do not hesitate to give me a call." So, A result. although no mention of compensation for my time, effort and their incorrect reporting for the last six years. I may give them a call. What do you reckon?

I have had a reply from Barclaycard that states:- "I have conducted an investigation into the comments you have raised and as a result I have arranged to have your credit files cleared completely amonth early, in relation to your Barclaycards. The accounts should have been marked as defaulted at the start of the IVA April/May 2000 and this should subsequently have remained on your file for six years from that date. I would like to offer my sincere apologies on behalf of Barclaycard for the error and the delay in responding to this letter. I trust that this is a satisfactory conclusion and if you wish to discuss the matter further, please do not hesitate to give me a call." So, A result. although no mention of compensation for my time, effort and their incorrect reporting for the last six years. I may give them a call. What do you reckon?

Just a quick note for all concerned, I have heard absolutely diddly squat from Barclaycard. I've had a letter from Black Horse that states the following:- "Thank you for your recent communication regarding the above agreement. Whilst Black Horse sympathise with the circumstances which lead to your IVA the information on the databases of the DRA, to whom we subscribe, reflects the conduct of your aggreement with ourselves, this remains on record by law for six years, from the date of the original default 31st July 2000 and will delete automatically 31st August 2006. Thank you once again for your query. I hope the above information is useful to you." So I don't think they quite understand that they should not issue a default later than the date of the IVA that included their debt. To recap, the IVA falls off my credit file in April 2006. I have also heard from the IC, they want it all on the proper form, even though it was all included in the letter and attachments, anyway, I will be following that up.

Just a quick note for all concerned, I have heard absolutely diddly squat from Barclaycard. I have heard from the IC, they want it all on the proper form, even though it was all included in the letter and attachments, anyway, I will be following that up.

I sent a letter to each of the following yesterday (i) Barclaycard (ii) Black Horse Finance (iii) Equifax and also reported Barclaycard to the Information Commissioner, If I don't hear a satisfactory reply from (ii) & (iii) then the info will be passed to the IC It was all to do with this post http://www.bankactiongroup.co.uk/forum/viewtopic.php?t=922&highlight= I'll keep you posted

The above letter has been amended and faxed 09/03/06 and will be posted to Barclaycard today. I am also sending a copy to the Information Commissioner by email today. So we will see what happens.

This is copy of the letter that I will be writing to Barclaycard Your comments would be appreciated Ref: My Accounts with You: Barclaycard Visa-XXXX XXXX XXXX XXXX & Barclaycard Mastercard-XXXX XXXX XXXX XXXX On completion of my Voluntary Agreement back in Oct 2003, I obtained copies of my Credit Reference Files and was very disturbed to note that you had been updating data on the above accounts on a regular basis since the date of my Arrangement. I have contacted you by telephone, by letter, as well as via Equifax and have requested that you amend the data, however, we are now in 2006, and I still find that you have not changed this data. As I not received a reply to my latest letter dated 7th December 2005, you have left me no other option than forward my grievance to the Information Commissioner and possibly the County Courts, this is being carried out for the following reasons:- As you are aware, my IVA (IVAXXXXXXX) dated April 2000; included your debts on the above-mentioned accounts. I completed the IVA in May of 2003, however, between the initiation and completion of the IVA, you have reported to the credit reference agencies, late payment reports; thus my credit file now holds an account history of at least 36 months of 3+ months late payments, this being the period between April 2000 and May 2003; this, as a result of your incorrect reporting, may be present on my credit file until May 2009, as you effectively closed the account in May 2003; however, all former debts that were included in my IVA should be marked as "settled" or "satisfied" from the start date of my Arrangement, this being April 2000. This is in accordance with rules laid down by the Information Commissioner and erroneous data breaches the Data Protection Act 1998. This account should also have a Default Date as from the start of my IVA. I would also request that you supply the credit reference agencies with the correct information, this being that the settlement date being that of my IVA, and inform me when this has been done. Upon receipt of a favourable reply from the Information Commissioner, I may also be seeking compensation under Section 13 of the above-mentioned Act. Hoping for a favourable reply, I remain, Yours faithfully, XXXX

I've read it, I can't understand it though.....lol ... I need to get my legal head on, may need a few glasses of whisky

Not at all. Just because one asks for authoritative source doesn't mean one doubts the information. It is only that when one takes on the large institutions, it would be less than prudent not to be armed with chapter and verse. My thoughts exactly, and thats why I seem to having problems collating information in dispute of Barclaycard's reporting methods to Problem No 2 I would appreciate very much if someone with better letter writing knowledge than I to give me guidance. I must admit since joining and reading a lot of the posts, I'm hooked, what a brilliant forum, I only wish I found this sooner. Cheers Guys and Dolls Bankfodder, you mentioned at the start of this topic that I should possibly think about a claim in the small claims court, do you have any information regarding this? How how does this process take on average?

May I ask Bankfodder, are you suggesting that some of this information is not correct? From previous correspondence with both Barclaycard and the CRA's, they have said that the information supplied to the CRA is true and correct, and therefore the CRA will not change it without Barclaycard's authority, but i think I will submit a claim for compensation under the fourth rules of the DPA, that it must be correct, and also Cc a copy to the information commissioner. To clarify one point, the CRA Equifuc-up have noted my IVA as discharged, however it is not recorded within the Public Record section as I believe it should be, it is in the 'Notice of Correction', and they have told me thats what they do, they don't enter it in the public information section, as they can't....which is bullsh!t, as the others seem to manage it. I must apologise, as you may see, it is beginning to wind me up..... I would appreciate a good letter writing response to the Barclaycard problem, as I am making this my first claim. Please assist. Many thanks, rmb282

May I congratulate you on your most brilliant letter. I for one, will be watching for your reply. Good luck

Bankfodder, To give you more accurate information or to clarify, Back in Nov/Dec 1999, I was deep in debt and could not manage the repayments etc etc..., and as Barclays Bank could not help me further, I went into an IVA which started in April 2000 I had several defaults ranging from Nov/Dec 1999 through to July 2000; all of which were included within the IVA. Problem No. 1 All but 1 default have expired from my credit file, this being Black Horse Finance as they issued a default in July 2000 even though the IVA (which included their debt) was dated April 2000, not sure whether this is legal? Technically, they closed the account on 31st July 2000; even though, as I understand it, I effectively closed it by entering into an IVA dated April 2000. The IVA will expire from my credit file at the end of April 2006; however; Problem No 2 As Barclaycard (as it seems) did not issue defaults, and even though their debt was included in the IVA, they kept reporting in the account history to the credit agencies that I was late paying, right up to May 2003; which is when I did a full and final payment to complete the IVA. Again, effectively closing the account, despite that their debt was included in the IVA dated April 2000. (So I have a 36+ months of over 3 months late) which I do not believe should be reported this way. As I was making payments to my IVA during this time, and again, by entering into the IVA, I closed the account. Problem No 3 When completing the IVA, Equifax did not update their 'Public Record or Court Information' section, as Experian and Callcredit do; they entered the completion of the IVA in as a 'Notice of Correction'; this unfortunately has the effect of stopping any automatic credit checks carried out by banks etc... and therefore you get a reply saying, along the lines of, "we will need to verify the information manually and will let you know by letter whether you have been successful in obtaining credit..blah blah blah....." This means that I still cannot open a standard bank account, such as HSBC etc, I do have a basic account with the Halifax and I can't even upgrade my account to a standard one, despite paying in my net salary of almost £2k/month. I hope that the above is a better description of my problem. And I hope that you or any others can assist in helping me correct these problems, I would also be most appreciated if you could draft a letter or give me pointers as to what to write when persuing this issue with Barclaycard. Many thanks, rmb282