Hi Car, Just to make you aware that there are still people on here reading intently to all of your posts (so please keep them coming). I too am in a very similar situation to you and have received the No copy agreement as it doesn't relate scenario thrown at me by Barclays. To be honest i think i am going to wait for the outcome of your case before continuing this. At which case i will try to quote your case as a "precedent". Maybe it will work, and if not then i will take them to court also. Keep up the good work, Chris

Hi Car, Sorry it took me so long to reply. Life is pretty hectic, i'm sure you know how it is. Just looked through your thread and it is nothing short of AMAZING. Think i have digested enough of it now to begin my next phase which will be the Original Default Notice retrieval and hopefully they wont have the original which will be grounds to work from. But i will keep you informed either way. Going to send off the first letter tomorrow. Thanks for everything. Christian

Hi SeaHorse. The original letter is all i have done up to now. I don't want to write random letters to them (which from the information available i could easily do) so i thought i would speak to you guys. It was a barclays bank account and in fact the default was 95% due to charges by the bank. I don't much care about the charges to be honest. They were only £255 but it is absolutely crippling me now having this default. Do you think i should ask them A: For the agreement and B: For the default notice sent to me? If so i think there are plenty of posts around with some good pointers on how to put a letter together of that effect. Thanks in advance Christian

Hi Seahorse, Well it is actually causing huge distress as i cannot get a mortgage because of this and there is nothing i can do about that for what could be another 3 and a half years. I don't recall consenting to them using my data but do not remember exactly what was signed (it was quite some time ago). Is there maybe an angle for me to request the original default notice? and if they cannot provide it then get them to remove it on those grounds? Thanks for your advice so far Christian

Hi Guys, I am part way through getting a default removed from barclays and have hit a bit of a stumbling block. I sent to barclays the letter that surlybonds' created on post: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html?highlight=remove+default I have now had a reply from Barclays with the following: Privacy & Data Protection Radbroke Hall Knutsford Cheshire WA16 9EU 5th November 2007 RE: Notice pursuant to sections 10 and 12 of the Data Protection Act 1998 Dear Mr Miles I refer to your notice of 31st October served under section 10 of the Data Protection Act 1998 (“the Act”), advising that your personal information should not be further processed. It is our understanding that section 10 of the Act is not relevant unless it can be illustrated that unwarranted damage and distress would arise should certain processing activities continue. Section 12 of the Act is only applicable to fully automated decision making, which is not the case. Barclays maintains that our existing and former customers have previously consented, by agreeing to be bound by Barclays’ terms and conditions associated with their account/s, to the collection, use, disclosure and retention of their information as set out in the terms and conditions, and that continued retention is necessary under the terms of the contract entered into. This includes the capture of consent to share data with the credit reference agencies. It is Barclays’ view that such consent was not limited to the duration of an account and that it cannot therefore be revoked at will. Under the requirements of the Act Barclays must not retain personal data for longer than is necessary for the purposes for which the data is held. When considering suitable retention periods, Barclays considers ALL its legal, regulatory, operational and commercial requirements. Barclays cannot simply delete a customer record when a contract with a customer is cancelled or terminated. It is Barclays’ standard retention policy to retain personal data about former customers for 6 years after the relationship has ended. We have received a number of similarly worded letters from our current and former customers, and it would appear that a number of people have also escalated their own complaints to the Information Commissioner’s Office (“ICO”), the UK’s supervisory authority responsible for overseeing and enforcing businesses’ compliance with the Act. The ICO has made its position clear regarding this matter, which is consistent with our own view, and I enclose a copy of its published view for your information, which is also publicly available on the ICO website (www.ico.gov.uk). I hope I have clarified the position. Yours sincerely Privacy & Data Protection Team Barclays Legal & Compliance Barclays Bank PLC. Authorised and regulated by the Financial Services Authority. Registered in England. Registered No. 1026167. Registered Office~ 1 Churchill Place, London E14 5HP. As you can see from the letter above they clearly do not want to play ball. Is there anything i can do from here in to get this matter resolved? I really appreciate everyones time on this. Kind Regards, Christian.

Hi Hannah, Thanks for that. I will do both also and hope for the same result. Do you know if they removed it from equifax also? or have you not checked? Thanks in advance.

Just an update. I received my "gesture of goodwill" letter offering me £150. I gave them a call to discuss my default and they wouldn't give me the time of day. I have posted a thread in the defaults section on what to do with this.

Hi Guys, I really need some help on the removal of a barclays default. I am currently in the middle of claiming back my unlawful charges from barclays. They have sent me a "goodwill gesture" of around half of my original claim. To be honest i don't really mind accepting this amount. As the only reason a began this was to remove my default notice. I called up the barclays customer relations number which was on the letter with the "goodwill gesture" and the guy there told me that the default was nothing to do with the settlement and that i would have to contact another section of the company. This leads me here. What would be my next best approace? to turn down the "goodwill gesture" and continue demanding Full settlement including the default removal. Or should i be looking at another avenue? like i said, i do not mind accepting and probably would rather accept the current goodwill gesture but the most important thing is to get this default removed as i will be looking to get a mortgage in the very short future. Any help would be most appreciated. Christian

Hi Hannah, Just looking through your thread now. I have a similar situation with barclays. They defaulted my account and i really would like to get it removed. I see that you had success with barclays. Could you please go through (step by step is possible) on the process that you went through to get this removed. I know this doesn't help your cause and i will help in any way possible but i would really appreciate any advice you have on the process. Christian

Hi All, Well, after "Too" long. I have received my statements and have totalled up all the charges. About to send the Prelim Letter. If anyone has any good advice at this point then please divulge. Speak to you all soon, Christian

I am also no authority on this matter, but, i believe that if they have not given indication that they are going to respond further to that letter then i would suggest you follow this up with the next stage I.E LBA. As you only requested that they respond in your previous letter they have fulfilled their current obligations. Hope this helps. *** After re-reading your post, i see you have actually sent the LBA, in which case yes you should probably begin to file your claim as they have obviously dismissed your initial claim. ***

Well seeing as nobody has replied i guess i better keep this somewhere in view. I have sent out the DPA SAR along with my £10 to barclays amd am waiting on the SAR to be received. Does anyone have any idea of the average waiting time for these to arrive? i assume not many people have had too many problems receiving these yet. I have now pretty much clinically read through the whole of this site including the FAQ's and library so i think i am ready to take this one on. One question i do have though is has anyone been in a similar circumstance to me, i haven't held a barclays account for 2 years now and have been defaulted by them for that period of time (although i only found out around 12 months ago that they had defaulted me) i really want to know whether anyone has successfully had a default removed by barclays? Speak soon, Christian

Hi Ripoffuk, Sorry to hear about your problems also. To be honest i don't really care about the charges, it's all water under the bridge, i am in a much better position now and really don't need to few hundred quid in charges. The biggest problem i am facing is my credit record, because of all this i cannot even get a decent bank account. I wish you all the best in your fight for justice. Anyone else with any suggestions as to where i should take this next, please help me. Kind Regards, Christian Miles

A few years back, i was a customer with barclays. May i just say at this point that i do not have any details of the account any longer. I ran my account for around 2 years without any problems at all. When i first got the account i was 16. I got a job and barclays gave me a Visa card and what they called an "Account Buffer" of £50. All was running fine when i lost my job and had only a couple of direct debits on the account that would run into this buffer. I figured that this wouldn't be a problem and i would be able to pay this off without any problem when i gained another job. Getting another job at the time proved to be somewhat of a problem and i cancelled the direct debits as they had hit £59. Barclays at this stage had never even sent me a massage warning me of the fact that i was in violation of their terms of their £50 buffer. two months later i received a letter from them stating that they had put 2 x £30 charges on my account due to none payment of the excess on the account buffer, at that stage i called in at my branch and they said i could do nothing other than pay off the account, still at this stage i could not afford to do this and therefore had to let it ride. Eventually they continued to charge me until the total hit £320, luckily for me at this stage i could afford to pay them off, i called them, at which point they told me that they had closed my account and had sold my debt to another company and that i would have to settle my claim with them. Not long after this, i received a letter from this company demanding £360. I refused to pay that amount and eventually we agreed on a figure of £254 which i paid. I hadn't realised until around 12 months ago that they had also actually put a default and satisfied on my account. I really don't think this is fair as my original debt with them was only for £9 which had i known i would get all these charges and bad credit for i would have got the £9 from somewhere and paid it. I am currently stuck with a cash card bank account, no cheque book, no debit card, no overdraft, cannot get a decent credit card and have no chance of a mortgage, i am at a loss with this and really need some guidance as to where to go forward with this. Thanks in advance for all of your help. Christian Miles