Milo, N1- Particulars of claim and Schedule of Charges issued at county court as of 26th January 2006. Still awaiting an acknowledgement from On:Line aka GMAC.

Hi Dai, The original address I sent my pre lim and LBA letters to were the address listed below:- On:Line Finance limited Heol Gamlas Parc Nantgarw, Treforest Industrial Estate Treforest Cardiff CF15 7QU When I finally managed to get a response from On:Line Finance it was was from a gentleman by the name of Mark Rowan at the below address:- Mark Rowan Customer Complaints Officer General Motors Acceptance Corporation (UK) plc Wesley House 19 Chapel Street Luton Bedfordshire LU1 2SE Personally I would stick with the On:Line Finance address and send everything there. That office is still obviously active as they have been forwarding all of my letters to GMAC. Who by the way have now taken over On:Line Finance. If you haven't already done so mate, start your own thread so that I and everyone else can keep progress on how you get on with them. If you need any help be sure to check my thread or pm or any of the thread mods. Hang on in there buddy I've filed against them last Friday for just under 1k's worth of admin charges over a 3 year period. And believe you me they are horrible, arrogant people to deal with.

Ok day. i'll have to wait until i'm paid to submit the poc for this one. I've read sec 10 of the DPA as previously discussed but all the other sections that the bank keep throwing in are somewhat confusing. As far as i'm concerned, until recently I did not know that the default was placed against my credit file. i have never received a default notice in ANY prescribed from from them and the fact that it is there has and is still continuing to cause me and my family unwarranted alarm and distress. I am clearly not a debt dodger as the debt to Barclays was well and truly paid up in Feb 2006. Barclays continue to provide this regular default marker update on my credit file as they state that I would have agreed to this when i signed my account agreement. When pushed further on this subject they also state that it is their standard policy to retain this information for a period of 6 years and that it is ' standard industry practice '. As long as I have a case to argue here I am happy to proceed. I am NOT a legal expert and have little or no experience at this type of litigation. Would any of you be willing to further assist me if this case goes to court by being the " claimant's friend "?

This is the latest letter I had in reply to my quest to get Barclays to remove their unlawful default marker from my Credit File. Dear Mr A N Another The default has been registered at the Credit Reference Agencies is in respect of your Unauthorised Overdraft and as such no Default Notice has been issued. May we explain that Default Notices are only issued in respect of fixed term credit agreements where a breach of the terms set out in the agreement has occurred, section 87 & 88 of Consumer Credit Act relate solely to the Default Notice issued in respect of such agreements. As stated in our previous letter overdrafts regardless of their nature, be it authorised or unauthorised, are repayable upon demand and as such the bank issued you with the Termination Notice in accordance with section 98 of the Consumer Credit Act 1974. May we explain that the period of information retained by the Credit Reference Agencies is not set by the bank but that of the Credit Reference Agencies and therefore you should refer this question to them. Default information registered at the Credit Reference Agencies remains on file for six years from the date of initial registration not from the date when the sum showing has been satisfied. The information that we have provided to the Credit Reference Agencies is to the bank’s knowledge accurate and correct if you believe any part of the information registered is not correct and if you believe any part of the information registered is not correct then we will require that you provide a copy of your credit file, highlighting what part of the information is not correct. When applying for this account you signed a customer agreement and authorisation form in which it states “(i) you are applying to us, Barclays Bank Plc, for banking services, (ii) you are confirming that the details you have supplied in the application are true and correct, (iii) authorising the bank (a) make credit reference and other enquiries in connection with the application in accordance with normal procedures and (b) to disclose full account information to licensed credit reference agencies”. We therefore feel that the bank has acted correctly in the termination of your account and that the information supplied to the Credit Reference Agencies is correct. Prior to the issue of any legal action we advise that you seek legal advice from a fully qualified solicitor as action will be strongly opposed and defended by the bank. May we also explain that neither our officer nor that of the Data Protection Team will accept service of any court proceedings and that this should be directed to the banks legal team whose address is: Level 29, 1 Churchill Place, London, E14 5HP.

Hi Dave, just read your thread. Glad to see that your son managed to sit down with the other student's and work out and air each other's differences. For future reference I would always recommend that you put a lock on the door to any multi-occupancy dwelling. You should First contact the landlord or agent to resolve this issue prior to moving in. It is likely that the property would be let out by as land agent and if so you should either contact them or the landagent direct. As a last resort you can contact the local police authority. A crime prevention officer may be able to come out and advise you on what lock or other security measure you should employ. There are also police university liaison officers in most force areas who can mediate disputes like these and try to esolve tem without the need for University or further police intervention. (there are in mine). To summarise if I attended a call from you son reporting other occupants had entered his private room without consent then I would look at an offence of Burglary or being found on enclosed premises. Obviously that would be on the severe end of the scale, but still an option. More likely the police would talk to the college / university that your son is studying at and they would usually have better procedures in place to deal with these matters i.e. formal warning, suspension or exlcusion. Hope this helps. Any other advice from a police point of view let me know and i'll help if I can.

Kerrie I see your post is a good few months old now. If you still need help pm me and I will help you as best I can. I purchased a car from Carcraft in November 2000 and finished paying off the car in 2005. During the 5 years I was with On:Line they charged me simewhere in the region of £1000 in arrears / breach of contract. I've recently gone through the motions with them and issues a notice of claim to them on Frdiay last week. Let me know if you still need a helping hand.

So took my latest poc to county court on Friday and when I mentioned what I was trying to do about he default the clerk said that I should speak to community legal services first as if i filed the judge would only try and get me to resolve the issue through arbitration before a hearing. What do you recokon guys, should I just stick with your advice and issue the N1 poc as previously discussed in the thread. I'd need careful guidance on how to complete the form and the later stages. I also need to work on my arguments for the judge.

Yeah I'm with you mate. So i'll have to issue a poc and see if that will be sufficient for Barclays to remove the default marker. If not i'm assuming they will then enter a defence based on the above arguments. Will you be able to help me with the AQ and evidence bundle if it goes to court. How likely is it that i'll have to go to court. i'm worried about going to court but not for the normal reasons. Also if I go to court and lose do I have to pay the defendant's costs? I couldn't afford to do that. I'd obviously loose the £150 court fee right? Did you win your case in court? How easy was it? Was it against Barclays?Did the company have a barrister present?

Day, I've read up on s10. So am I right in thinking that if I have been or am likely to be caused substantial damage or distress and that damage or distress ir or would be unwarranted then they should cease processing my personal data? And to continue to do so after a s.10 notice has been served and 21 days is an offence. Tell me i've cracked it mate?

hi willow, I couldn't get a mortgage with GMAC or Kensington. my mortgage broker tried them as a last resort. GMAC definately won't do it now becasue I just filled my poc against them today for reclaiming charges from my credit agreement with them. Thank you for your views though, keep em coming danno!!!!

Let me reply to each one of your points so we don't confuse the issue and we both know where we are at. Right, 1). Yep, all paid off as of 01/02/2006 so i'm certainly not trying to dodge any lawful debts that I had with Barclays. Although it is highly likely that a good portion of the original defaulted debt was due to bank charges. But those charges are more than likely going to be over 6 years old and therefore not reclaimable. 4). Nope I haven't fully read s10 yet but you can be sure i'll be up till late tonight studying it throughly. ( Should have read and understood it before sending and engaging in this process, I know ) 7). I'm not exactly sure if Barclays are claiming that they are processing my data under paragraph 5 or 6? I don't think they have specifically stated these particular sections in any of their letters. Although they are refusing to comply with my notice. They state in their response to the DSN that they have considered my notice carefully and have concluded that section 10 of the Act does not apply in these circumstances. (quite what that means day I don't know, maybe you could enlighten me why they think that?) 9). I was under the impression that their continuing update of my default marker was an automated decision done by a computer and not with any human intervention. Am I wrong about this? Do they review this monthly before updating the info? 12) If you mean 21 days from serving them with my S10 notice then it was served on 4th January 2007. So i guess the 21 days expired yesterday. Finally i'm happy to use the details in zoots poc. I have had trouble with a mortgage hence the numerous credit searches on my credit file ( all saying no). Also the limited credit I have has meant that I have had to pay higher than normal interest/apr and I've also not been able to get nearly any type of credit, store card and I cant open an account with most high street banks. Is this sufficient to show or prove this point? Day, this is snapshot of Barclays response to my s.10 & s.12 Data Subject Notice. I believe that they are relying on the fact that I would have previously agreed to be bound to their terms and conditions. I'm assuming that they are relying on the following as this is all they have stated in their letter of reply;- I refer to your recent letter, enclosing a Statutory notice persuant to sections 10 and 12 of the Data Protection Act 1998. In order to comply with the first principle of the Data Protection Act 1998, which requires that personal data be processed fairly and lawfully, Barclays notifies it's customers at that it intends to share data with credit reference agencies, and obtains cosent to do so via standard customer terms and conditions. I note that you are looking to rely on the provisions of section 10 of the Act, as it is your belief that Barclays is subjecting you to substantial unwarranted financial damage and personal distress by continuing to process your personal data, and you are requesting that the data is therefore deleted. For the avoidance of doubt, Barclays does not accept this and it is denied that the processing of your personal data was unlawful. Barclays maintains that you have previously consented, by agreeing to be bound by Barclays' terms and conditions associated with your account, to the collection, use, disclosure and retention of your personal data 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 credit reference agencies. It is Barclays view that such consent was not limited to the duration of your account and that it cannot be revoked at will. We will therefore continue to process your personal data as described in our terms and conditions, but will not process it for any new purposes. Having studies the provisions of the Act, you may be aware that 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 it's 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 formal customers for 6 years after the relationship has ended. Whats your views day?????????

Doyin22 - I need a particulars of claim exactly the same yours. i'm requesting Barclays remove my default and they are refusing. i've written 4 letters asking for a copy of the original default and they still won't provide it. my DPA s.10 & s.12 data subject notice was ignored and set aside and my CCA s77 & s78 letter was also ignored and set aside. Any help would be appreciated. please see my thread and sorry for jumping in on your thread. Thought we could bounce ideas off of each other.

hi day, Thank you for taking a look at my thread and circumstances. Right the default is due to be removed in November 2007. It was registered on 09/11/2001. The reason i'm so desperate to get it removed is because i've tried to apply for various credit and the only thing on my Credit File that causes the companies to deline is the 1 default from Barclays in 2001. Even though it is shown as satisfied the companies always bring it up. It has seriously affected my ability to get credit. If I don't get a mortgage within 2 months my in laws won't sell me the house i rent from them. They have knocked £10,000 off for me as it's family but they need to sell. I've been offered 2 mortgages but at a perrcentage of 8% plus. I can't afford those type of repayments. The mortgage companies and bank have told me that if I get the default removed then they would give me a mortgage etc. So ya see for me to just wait for another 10 months is going to be very hard for me

1. Data Protection Request sent - 20/09/2006 2. Reply from Lloyds asking for standard £10 fee. ( found out total charges via online banking and thus saved £10 initial payout for this charge) 3. Prelim Letter Sent - 14/12/2006 4. No Reply within 14 day period - 28/12/2006 5. LBA sent - 28/12/2006 Quick update guys this is where i'm at now. 6. No Reply within 14 day period - 12/01/2007 7. N1 - poc handed to court - 15/01/2007 8. Lloyds Ackowledgement of Service - 24/01/2007 I guess thay have until the 14/02/2007 and will then no doubt enter a defence.

Sent a Subject Access Request to Barclays on 23/01/2007. They replied today with the following letter:- Dear Mr A N Another Please be aware that the Bank is not under an obligation to present this information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you within the next few weeks without charges on this occasion. We would advise however, that statement information prior to 2000 is stored manually rather than on computer. Therefore, if your account was opened prior to this time, there may be an increase in the time required to collate the information you have requested. I apologise in advance should this delay cause any inconvenience to you. As regards your mention of “manual intervention”, the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the Data Protection Act. Whilst aggregated information is retained for statistical purposes, this would not constitute “personal data” under the Data Protection Act and therefore would not be covered by a s.7 Data Protection Act subject access request. For avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention. Barclays have placed a default on my account dating back to 2001. I was never aware of this default until I applied for a number of recent mortgages and was turned down because of this default marker on my Credit Report. I have written to Barclays on 4 occasions asking them to remove it and they have so far refused. I have issued a s.10 & s.12 Data Subject Notice which they set aside. I then sent them a S.A.R. after repeatedly asking Barclays to supply me with a copy of the Terms and Conditions I would have agreed to be bound to when originally opening the account. They state that they do NOT have this information. More importantly they have also declined my request to provide me with a copy of the original default notice that I have NEVER received. I have spoken to the Debt Management Company that I was with and they also state that they have never received anything from them or myself regarding a default. Is what they are doing correct and legal? All I want to achieve is to remove the default that was placed onto my credit report.

Sent a Subject Access Request to Barclays on 23/01/2007. They replied today with the following letter:- Dear Mr A N Another Please be aware that the Bank is not under an obligation to present this information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you within the next few weeks without charges on this occasion. We would advise however, that statement information prior to 2000 is stored manually rather than on computer. Therefore, if your account was opened prior to this time, there may be an increase in the time required to collate the information you have requested. I apologise in advance should this delay cause any inconvenience to you. As regards your mention of “manual intervention”, the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute “personal data” under the DPA and therefore would not be covered by a s.7 DPA subject access request. For avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention. Barclays have placed a default on my account dating back to 2001. I was never aware of this default until I applied for a number of recent mortgages and was turned down because of this default marker on my Credit Report. I have written to Barclays on 4 occasions asking them to remove it and they have so far refused. I have issued a s.10 & s.12 Data Subject Notice which they set aside. I then sent them a S.A.R. after repeatedly asking Barclays to supply me with a copy of the Terms and Conditions I would have agreed to be bound to when originally opening the account. They state that they do NOT have this information. More importantly they have also declined my request to provide me with a copy of the original default notice that I have NEVER received. I have spoken to the Debt Management Company that I was with and they also state that they have never received anything from them or myself regarding a default. Is what they are doing correct and legal? All I want to achieve is to remove the default that was placed onto my credit report.

So in view of their failure to provide me with a breakdown of their costs and to reimburse the charges I'm issuing a particulars of claim tommorrow in my local court. Here is the poc - Anyone take a look and see if it's ok please. Money claim for return of penalty charges applied to the Claimants account by the Defendant Charges £735 Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% from (content removed) to (content removed) of £215.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier payment at a daily rate Court Fees 1. The Claimant had a Finance Agreement (content removed) with the Defendant which was opened on or around (content removed) and closed on or around (content removed). 2. During the period in which the Agreement was operating the Defendant applied numerous charges to the account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were applied in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges applied to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amount of money in respect of charges in the sum of £735 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges of £215.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

Received a letter from GMAC today. Dear Mr A N Another I would like to conclude that the charges you have incurred were due to your breach of our contract and that your comments regarding recent media coverage does not include your finance company. I would like to apologise that I am unable to assist you further with this matter and if you feel the conclusion of the complaint is unsatisfactory I would ask that you seek independent legal advice. Yours Sincerely Mark Rowan Customer Complaints Officer

Can anyone point in the right direction for an N1 - poc. I need to know what to put on an N1 if it's for a default removal / non-monetary claim.

Guys when you find out about this could someone give me a shout. I've tried to get a default removed by Barclays and their refusing point blank. I've sent them a Subject Access Notice under S10 & S12 and two other letters but they just wont budge. Their refusing to provide me with a copy of the original agreement. I can only assume this is becasue they don't have it. Next stage is N1 - poc but I need a hand in filling it in. I'll start my own thread shortly.

In line with several other suggestions I also sent the OFT the following letter which they received today:- The Office of the Data Protection Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Dear Sir / Madam I wish to complain about the current practice that exists within the credit industry that appears to allow my data to be processed by both credit suppliers and credit reference agencies without my permission or that such processing continues after my permission has expired. I experienced a period of falling behind with my payments to a variety of credit suppliers a few years ago. Some of these companies recorded only late payment markers and one recorded a default against my name. In the case of the default I have paid back the money owed and the account is marked as either satisfied or settled. I have approached Barclays who have recorded the default against me and the credit reference agencies and each has, in it’s own slightly different way, said “It is industry practice for defaults to remain on my file for six years” It is my position that, as defaults are not ‘public information’ then there is absolutely no document or legislation that exists that allows this data to be held on my file after the contract in which I enter into with a credit supplier has ended. In particular I wish to complain about Barclays Bank. This company has continued to process default markers on my credit file despite the contract that used to exist between us having ended in late 2001. With the ending of the contract – so does my permission for them to process my data. I will copy my correspondence to Barclays to you, but to summarise, it is Barclays position that the Office of the Information Commissioner is both aware and in agreement with this practice. “The Treasury Select Committee and the British Bankers Association are fully aware of, and are in agreement to data being recorded with the CRA in this way” I wish to challenge this understanding. Without a specific act of parliament allowing my data to continue to be processed, in particular, in a way that causes me harm or risks defamation of my character, once the contract that allowed such processing has ended, is wrong and should not be allowed by the Information Commissioners Office. I am aware that the Consumer Compliance Executive from Experian has now finally accepted this and I quote from an e-mail and letter from him on the 6th September. “I can also confirm that as far as we are aware there is no specific piece of documentation or legislation that provides us with the right to retain your information for six years from the date an account is settled. It was agreed throughout the credit industry that six years is considered a reasonable amount of time for account data to be retained from the point that an account is settled in accordance with the 5th Data Protection Principle. This information would only be retained with your consent as per the terms and conditions of the particular account you held.” I am happy to share all my correspondence with you as I try to seek an acknowledgment that this current practice is not lawful and that the current advice from the Information Commissioners Office regarding the retention of non public data for six years is wrong. Please find enclosed a letter from the Consumer Compliance Director at Experian and also all my correspondence to Barclays Bank to date.. Should you have any queries in relation to any of the content of this letter then please do not hesitate to contact me at your earliest opportunity. I look forward to hearing from you in due course.

Thanks for the advice Tam. I sent both Experian and Equifax a SAN on 15/01/2007. Either have yet to respond. In relation to Barclays Data Controllers last letter I sent them the following. Privacy & Data Protection Radbroke Hall Knutsford Cheshire WA16 9EU Account Number: XXXX XXXX Sort Code: XX-XX-XX Dear Mr A N Another I refer to your recent letter dated 10th January 2007. I wrote to Barclays on 27th December 2006 via recorded delivery number XXXXXX XXXX. Having received no reply to this letter I again wrote to you on 4th January 2007 via recorded delivery. As you are aware this letter was received by your office on 5th January 2007. Enclosed within my letter dated 27th December 2006 was a Postal Order to the value of £1. PO Serial Number XXXXXXXXX. To date, I have not received any statement of account, a signed true certified copy of the original default notice or any deed of assignment if the debt was sold on. This information is vital for me to review in order to prove that I have indeed previously agreed to be bound by Barclays’ terms and conditions associated with my account. It is also necessary for me to review as I have never received any default notice from you and unless you can provide this evidence then again I must stress that the default notice should not have been placed onto my credit file, because any incorrectly formatted or not issued Default Notice is a criminal offence. I would respectfully draw your attention to the provisions of the following from the Consumer Credit Act. Section 77 Duty to give information to debtor under fixed-sum credit agreement (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and © the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. Having studied the Act, I understand that if you are unable to supply the documents requested after 12 days, then you will be deemed to have defaulted under CCA. If this default remains for a further month, then a criminal offence may have been committed. As you have repeatedly not provided the information requested in accordance with CCA 1974 as amended, this contract and it’s terms and conditions is unenforceable without court intervention. I believe that Barclays may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim. You must remove all data that you are now unlawfully processing about me for the above account within 7 days, otherwise I will begin Legal Action against you. I again enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXXX. I have taken the liberty of enclosing copies of both my letters as evidence of my two previous requests. This letter is now my third and final request for this information. I hereby give you notice that I intend to use these letters as evidence in my subsequent court proceedings against Barclays Bank. They will form part of the disclosure of my case to the judge in sitting. I require all correspondence regarding this matter in writing. If I have not received the relevant documentation within the statutory period I will begin Legal Action against you without further notice. Please be advised the timescale started from my original request which was 27th December 2006. I look forward to hearing your final response prior to the submission of my notice of claim to the County Courts. Yours sincerely

Yeah that's fine paul. I originally used that adrress to send my pre lim letter. The letter I had back was from Mark Rowan at the address I just posted. It appears that GMAC has taken over or On:Line Finance.

Paul I sent it to the following address:- Mark Rowan Customer Complaints Officer General Motors Acceptance Corporation (UK) plc Wesley House 19 Chapel Street Luton Bedfordshire LU1 2SE If you haven't already done so mate, start your own thread so that I and everyone else can keep progress on how u get on with them. If you need any help be sure to check my thread or pm or any of the thread mods.

un1boy - r u on an instant messegner? Would like to have a chat about your victories with Equifax & Experian?