Barclays Default - Experian Credit Report

[championless]

I'm pretty sure what they've supplied is, compared to what i've requested in the SAR, massively inadequate!

[championless]

Bump?

 

I've sent them a letter today asking for the items missing from the SAR so we'll see how that goes eh?

[Jamesx81x]

They cannot just change your account number without informing you.

 

As for the sar they should be sending everything they hold on file. but the bit you mention about account closed balance zero you need to find out if they have chosen to write off the outstanding balance or whether there was even one in the first place.

 

Quite important that bit.

[championless]

They cannot just change your account number without informing you.

 

Is this grounds for getting them to remove the default though?

*

As for the sar they should be sending everything they hold on file. but the bit you mention about account closed balance zero you need to find out if they have chosen to write off the outstanding balance or whether there was even one in the first place.

 

They basically decided at some point to change the account number without telling me. They closed my original account and zeroed the balance but then opened a new account with the same balance. So they haven't written off the balance, just closed the account and opened a new one. **

*

Quite important that bit.

 

I wrote them a letter yesterday requesting that they send me the rest of the information they hold on me under the SAR. We'll see what happens next.*

 

Thanks for your help so far, i really appreciate it.*

[Jamesx81x]

To my knowledge if the account you are familair with has been closed at zero balance and nothing owing on it and they have then opened a new account without informing you and have never informed you of any outstanding balance on that account i dont see what leg they have to stand on.

 

As far as your concerned your original account has been closed with nothing owing.

 

You are going to have to see what comes up in the SAR but it will more than likely be a case of you proving they did not inform you of the new account. For any new accounts they would have to have your consent and signature.

 

That been said why would they need to open a new account then transfer an outstanding balance to it?

 

All questions that need answering and you need to put this to the bank. upon their response make your complaint to the FOS.

[championless]

I've had the following letter from Barclays yesterday in response to me asking for the rest of the information on my account following my SAR 30 days ago:

 

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Dear Championless

 

We write further to your letter of 13 May.

 

As regards your earlier letter of 26 April, we apologise that this was construed as only relating to account XXXXXXXX.

 

We can now confirm however, that further enquiries to obtain additional information will be progressed by across the Bank. In consequence, the material that qualifies for disclosure as your 'personal data' will be supplied within the statutory 40 calendar day period.

 

Please be aware however that not all information is covered by the data protection act and some information may be exempt from disclosure.

 

Yours sincerely

THE MANAGER

Barclays Data Protection

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Any suggestions for a reply or shall i just wait and see what comes back from the SAR?

[Jamesx81x]

Just a case of seeing what the come back with.

 

All account details, transactions, letters they have sent, default notices, computer entries should be included.

[championless]

Right, it's been more than 40 days since my original letter. What do i do now? Or do they get another 40 days after writing this a while ago?...

 

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Dear Championless

 

We write further to your letter of 13 May.

 

As regards your earlier letter of 26 April, we apologise that this was construed as only relating to account XXXXXXXX.

 

We can now confirm however, that further enquiries to obtain additional information will be progressed by across the Bank. In consequence, the material that qualifies for disclosure as your 'personal data' will be supplied within the statutory 40 calendar day period.

 

Please be aware however that not all information is covered by the data protection act and some information may be exempt from disclosure.

 

Yours sincerely

THE MANAGER

Barclays Data Protection

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[championless]

Hey

 

I received a large jiffy bag today FULL of data following my SAR. I've had a quick sift through. For starters, there's no default notice nor, from what i can tell, any notes on when it was supposedly sent. Secondly, it refers to only ONE barclays resolve account, closed with a zero balance. No mention of another account set up which they transferred a balance to.

 

I'm kind of struggling to tell what i'm looking at due to the sheer amount of data, but i'm sure there's no default and no second resolve account. There is also no true copy of a credit agreement or my consent to use/share my data. Neither is there a copy of EVERY letter they've ever sent, just random ones really...

 

Any suggestions on next moves?

 

Thanks as always

Championless

x

[Jamesx81x]

There is no record of any default neither a notice of intention to file a default giving you 28 days. Without both of these they have no grounds to file a default on your credit file.

 

With regards to the account i am struggling to see how they can justify what they have done. As far as you are concerned the only account you are familiar with is an account that has been closed with a zero balance and is the only account that has been included in your SAR.

 

Any other accounts they refer to are irrelevant as you have never applied for it, neither have you agreed for it to be opened.

[championless]

Any suggestions on what to do next? I was thinking of writing a letter giving them another 14 days to provide the missing information, but also writing to them about the accounts.

[championless]

I've drafted the letter below. Can you suggest anything to beef it up a little or will this be sufficient?

 

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Thank you for your letter dated 01 June 2010. You mention in your letter about the default entered on my credit file for account XXXXXX XXXXXXXX. I am not familiar with this account, I never asked for it to be opened and am unsure as to why it exists.

 

Following a recent Subject access request, the account I was previously familiar with for the Barclays Resolve was Account Number: XXXXXXXX Sort Code: XXXXXX and was closed with a zero balance on 13 October 2008, as shown on the attached sheet. I have also attached a print out, sent to me following my Subject access request, which shows that the account I am familiar with is a completely different account number and sort code than the one you have issued a default against.

 

Therefore, please could you explain what this account relates to, as again, I am unfamiliar with it and I believe that this default has been registered in error? Due to this error, I request that you immediately remove this default from my credit report.

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[Jamesx81x]

Yeah thats a good start see what they come back with.

 

They owe you the explanation as they cannot just change an account number as they feel free. Each account is unique and needs to be applied for.

[tinsie1970]

Subbing with interest, similar thing happened to me

 

Paid regularly for 12 years, never saw anything reported to the CRAs.

Then agreed freezing of interest and paid the reduced monthly payments regularly, and the next thing I know there is a DN on my account!!

 

Championless, I look forward to hearing how you are progressing

 

Tinsie

[championless]

Hey Tinsie

 

It's crap isn't it? I've sent off letters today, one giving them 7 days to comply and give me the rest of the info or i'll take them to court. The other to ask them to explain why account numbers don't match up.

 

That's a bit naughty isn't it if you'd made an agreement to pay and kept up the repayments?

[championless]

I've received the following letter from Barclays today from their data protection team:

 

Dear championless

 

We have investigated this matter and are able to give the following comment.

 

Following our previous letters, you were provided with the information you were entitles to receive in accordance with the requirements of the data protection act.

 

If the information you are endeavouring to locate is not found within the packages already supplied, then it is not available under the terms of the act or was not retained by the bank.

 

Yours sincerely

The Manager

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Any suggestions for the next step? I'm scared the answer is for me to take them to court? If they've admitted that they don't have a copy of the default, surely they have to remove it as is placed on my file illegally.

 

Is there a letter I could sen to the data protection team, that would ask since they are unable to provide a copy of the default, then would they remove it immediately since it is illegal as they have not kept their records of the supposed default?

 

Thanks as always

Championless

[Jamesx81x]

Just a standard kop out reply from them.

 

Send them this, its the letter i used for 3 defaults all of which were removed. Also added bit about the new account.

 

I refer to the default entry on my credit file dated xxxxxxx.

 

At this time you were subscribed to the Banking Code. Although a membership was voluntary once signed up you had to follow each and every provision.

 

I would like to bring to your attention Section 13.7 of the Code: In these cases, we will give you at least 28 days’ notice that we plan to give information about the debts you owe us to credit reference agencies. At the same time, we will explain the role of credit reference agencies to you and the effect the information they provide can have on your ability to get credit.

 

Further to the above I would also like to bring your attention to the Information Commissioners Guidance on Defaults.

 

Notices of intention to file a default

Notices to comply with Sections 13.7 of the Banking Code and 7.5 of the Lending Code should provide adequate warning Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

 

At no point did I ever receive such a notice giving me 28 days to rectify the situation. Also no such notice was included in my recent Subject Access Request which if present should have been. The fact it was not suggests no notice was ever sent.

 

Taking all of the above into account I believe you have breached the fourth principle of the Data protection Act in that the data has not been processed fairly. You have also breached the Banking Code which was in place and you were signed up to at the time agreeing to abide by the conditions laid down.

 

Furthermore the default you have placed on my file relates to an account i did not even know existed. At no point did you inform me of any account change neither did i sign any documentation which would be required in order for a new account to be opened. Please provide me with evidence of me acknowledging and agreeing to any account change.

 

I look forward to receiving a full explanation at you earliest opportunity. An unsatisfactory response will leave me with no option but to commence legal action against you for breach of the data protection act.

[championless]

That letter looks great James!

 

I have also received a response to my other letter above regarding the unfamiliar account number. Here it is:

 

Thank you for your letter regarding the default registered on your credit file for your resolve loan.*

 

You have advised that you are not familiar with the account details i mentioned in my previous letter, you have never asked for it to be opened and do not know why it exists.*

 

I can confirm that in October 2008 Barclays transferred all lending products on to a new purpose built system, which involved changing the existing account details to a new sort code and account number. You will have been notified in writing of this change at the time (I did not, nor did i receive a copy following my SAR).

 

Please accept my sincere apologies for the confusion regarding this matter. I have today enclosed a loan account statement, which i have highlighted to show the balance transferring over from your existing account.*

 

The information provided in my previous letter still stands as you broke the terms and conditions of the loan account. The default registered will not be removed from your credit file.*

 

Thank you

Customer relations advisor

[Jamesx81x]

Send the letter it asks them to prove they notified and that you agreed then no matter what account the default is on there is the fact they have not followed the correct process of issuing the default.

[championless]

Still no response from them after sending the letter above. Any suggestions for next step?

[Jamesx81x]

Send them a further reminder letter with a copy of the original enclosed.

 

Failing that make your complaint to the FOS

[championless]

I'm sending this today:

 

To whom it may concern

I refer to my letter dated 28th June. I have still not received a response to this letter.

I am disappointed that I have still not received a response. This situation is extremely stressful for me and is preventing me from attaining a mortgage, thus forcing me to stay where I am currently residing. I am considering going to the press with this matter, as I believe it is shocking the way I have been treated and appalled at the apparent disregard for the law that Barclays have show.

If I do not receive a response within 7 working days, I will have no choice but to take this matter to as many members of the press as possible. I will also submit complaints with the Financial Ombudsman Service, the Information Commissioner’s Office and I will also commence legal action against Barclays for breaches of the data protection act and emotional distress.

I look forward to receiving a full response from you imminently.

[Jamesx81x]

Threaten them with legal action for defamation and ruining your credit worthiness. As their actions are preventing you with gaining a mortgage and aslong as you can prove that than you can also claim compensation as you are losing out on credit due to their actions.

 

Threaten them with it and actually follow it up if they fail to respond.

[championless]

I've received the following letter today and to be honest, i'm feeling pretty defeated now!

 

Any suggestions on what I can do next, or is it all over???

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Dear Championless

I’m sorry you needed to contact us again regarding your complaint about a default logged on your credit file by Barclays. You also query the validity of your loan due to the account details being amended when it was transferred onto our purpose built system. Two separate letters have been issued to you requesting thatyou contact us to discuss your concerns; however we have received no response. I have completed my further investigation of this matter and have laid out our final response below.

I refer to our letter of 1 June whereby the default was logged on your credit file due to the resolve loan going into arrears.

As agreed, in February 2010, when the default was logged, we did adhere to the Banking Code whereby we allow customers 28 days notice to we plan to give information to CRAs. Please find enclosed a copy of the default issued to you on 10 December 2009 whereby it states ‘Not earlier that 28 days after the date of this letter, the bank intends to register details of the default on your account with CRAs’.

I refer to our letter on 26 June, whereby you were issued with a statement showing your outstanding loan balance being transferred to the new account number. A letter was issued to you in August 2008 to advise of the internal change and your new loan details. This was not a new loan and only a continuation of your existing loan, therefore you were not required to sign a new agreement. You did sign for the loan when it was opened and 7 statements have been issued to you since the loan was transferred to our new system, along with 14 arrears notices all stating the new account details.

As you have defaulted on your loan and the information passed to the CRAs is correct and factual, along with the necessary notices being issued to you timely, on this occasion, we have not upheld your complaint.

I hope this explanation is helpful and has answered all of your concerns, although I appreciate that it may not be the outcome you wanted.

In line with our previous letters, if you are still unhappy with this outcome, you may now ask the FOS to review your complaint. I have enclosed a copy of their leaflet, which includes details of how to contact them. Please note, you have six months from the date of this letter to refer your complaint to the FOS for investigation.

Our complaints procedure has now been exhausted and you may consider this letter to be our final response. Please be aware we will not enter into further correspondence on this matter. However, if you choose to contact the FOS, we will cooperate fully with their investigation.

Once again, we are sorry for the problems you have experienced, thank you for letting us know. We take all complaints seriously and value your feedback to help us identify where we can improve in the future.

Yours sincerely

Stupid Barclays Person

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[championless]

Did you actually have a dispute in?

 

The following is taken from the lending code but only refers to the amount been owed been disputed, not disputed in general

 

35. Subscribers can give CRAs default information about a customer’s debts if:

• the customer has fallen behind with their payments

• the amount owed is not being disputed by the customer; and

• the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand

 

 

 

I sent them a letter in September stating the following:

 

"Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this."

 

I'm sure i read somewhere that if your account is in dispute, they cannot add a default to your file. Does that sound right?