confused s10 notice-default removal

[pugsley]

I have sent cap one a s10 notice and I also want them to remove any default issued as part of my claim for charges, have I shot myself in the foot? Can they still remove the default manually?

 

I want to send the same letter to Barclaycard but wanted to check that any default can be removed later by Barclaycard

 

any info much appreciated xx

[pugsley]

bump, really want to post this letter soon

[dayglo]

no you've not shot yourself in any foot.

 

S10 notices are completely ok on their own. send it - and send it now!

[pugsley]

thanks I sent it by recorded today

[pugsley]

s10 notice was refused by barclaycard!, what shall I do next.

[pugsley]

Barclaycard PO Box 599 Manchester M60 3NF

, Tel: 0161 2007476

Fax: 0161 2007197

Minicom: 0161 2007447

Open: Mon-ErL8.00am-(i,Q.Opm

 

Thank you for your letter dated 8th September 2006.

 

I note you concerns regarding the passing of personal data to third parties.

As you make reference in your correspondence to the processing of your credit data, I will assume, for the purposes of my response, that the third parties in question are Credit Reference Agencies.

When you signed your credit agreement you agreed that Barclaycard may share information with Credit Reference Agencies. This was detailed under the heading "How we use your information". I have enclosed a copy for your reference.

When an account remains outstanding we must continue to forward this information to the Credit Reference Agencies. This is done lawfully in full compliance with the Data Protection Act. We do not agree that the processing of this data would cause substantial damage or distress, or would violate the first, fourth and sixth principles of the Act.

Therefore, I must advise you that Barclaycard will continue to share your personal data with third parties until your account balance has been reduced to zero.

I am sorry that this may not be the response you were hoping for.

Should you have any further questions regarding this matter please do not hesitate to contact me.

If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request.

If I have not heard from you within 8 weeks from the date ofthis letter, I will close my complaint file in accordance with our usual practice.

Yours sincerely

(_\ r

" ?'1 \ t';--"- \1

(-:__!_____

Carl Nuttall

Customer R_tionship Manager

[pugsley]

they sen tthis as well

Complaints: If at any time you want to tell us about a problem please write to:

Customer Experience Director, Barclaycard, PO Box 5592, Northampton N,_4 lZY or telephone 0870 1540154 Barclaycard will do their best to answer your query but if you are not happy with the way Barclaycard deal with your complaint, please write to: The Managing Director, Barclays Insurance (Dublin) Ltd, PO Box 586, Shannon, Co. Clare, Ireland After consultation with the Managing Director, any unresolved complaints can be referred to: The Financial Ombudsman Service, Insurance Division, South Quay Plaza, 183 Marsh Wall, London, England E 14 9SR.

General Information

Demands and Needs: If you want additional source of funds to maintain payments to your BarcJaycard in the event of accident sickness or involuntal'y unemployment, and you do not have existing insurance that covers this, then Barclaycard PPI will meet your needs.

It should be noted however, that Barclays Bank PLC has not provided advice nor made an individual recommendation that this policy is suitable for your needs.

Governing Law: If you buy insurance in the United Kingdom you can choose which law may apply to your policy. Unless you and the insurer make a written agreement saying otherwise before the policy is Issued, the law of England and Wales will apply to this insurance.

Unless otherwise agreed the contractual terms of this policy, all prior information and all communications will be in Englisll.

Your Insurer: This Insurance is underwritten by Barclays Insurance (Dublin) Ltd. and Barclays Assurance (Dublin) Ltd., incorporated in Ireland; Registered Nos. 265959/60, Registered Office:47/48£tStephen'sGreen,Dublin 2,lre!and:-BarcklysBank-PIL has an indirect 100% shareholding in Barclays Insurance (Dublin) Limited and Barclays Assurance (Dublin) Limited and there may be common directorships between the Barclays Group and the combined insurer. Both companies are authorised and regulated as insurers by the Irish Financial Services Regulatory Authority.

HOW WE USE YOUR INFORMATION

We will store and process your information on the Barclays Group computers and in any other way. By 'your information' we mean personal and financial information we (a) obtain from you or from third parties. such as credit reference agencies (who may search the Electoral Register), fraud prevention agencies or other organisations when you apply for an account or any other product or service or which you or they give to us at any other time or (b) learn from the way you use and manage your account(s), from the transactions you make such as the date, amount, currency and the name and type of supplier (eg. supermarket services, medical services, retail services) and from the payments which are made to your account. We and other companies in the Barclays Group will use your information to manage your account(s), give you statements and provide our services, for assessment and analysis (including credit and/or behaviour scoring, market and product analysis), and to develop and improve our services to you and other customers and protect our interests. We and other members of the Barclays Group will use your information to inform you by letter, telephone (including automated dialling, digital television and sending text messages), or computer about products and services (including those of other companies) which may be of interest to you. We use credit reference agencies and fraud prevention agencies to:

make enquiries when you ask for any lending products. or to assist us in managing your account, for example if we wish to consider changing YOllr credit limit, or offering you other products, now or in the future;

share information:

about YOll and how you manage your accounts;

if you give us false or inaccurate information or we suspect fraud.

Credit reference agencies keep a record of our enquiries and may record, use and give out Information we give them to other lenders, insurers and other organisations. This also applies to fraud prevention agencies if you give us false or inaccurate information or we suspect fraud. The information n1ay be used to make assessments for credit and to help make decisions on you and members of your household, on credit, motor, household, life, and othel- insurance facilities (including handling claims), for debt tracing and to prevent fraud and money laundering. Information held about you by the credit reference agencies may already belinked to records relating to one or more of your partners where a financial 'association' has been created. Any enquiry we make at a credit reference agency may be assessed with reference to any 'associated' records. We may give information about you and how you manage your account to the following

- People who provide a service to us or are acting as our agents, on the understanding that they will keep the

information confidential.

- Anyone to whom we transfer or may transfer our rights and duties under this agreement

- We may also give out information about you If we have a duty to do so or if tile law allows us to do so.

Otherwise we will keep information about you confidential.

If we transfer your information to a service provider or agent in another country, we will make sure that the service provider or agent agrees to apply the same levels of protection as we are required to apply to information held in the UK and to use your information only for the purpose of providing the service to LIS.

Full written detail'_of Barclaycard rates and paymentrequirements are in the Barclaycard Conditions

You must be 18 Crover to have a Barclaycarct. Further details of Barclaycard benefits and services (including main exclusions) accompany each card issued., Alternatively, write to us at Barclaycard, PO Box 5592. j\Jorthampton NN4 1 Zy, call 0870 241 3584* or see our website: barciaycard.co.uk

[pugsley]

reply from barclaycard

Barclaycard PO Box 599 Manchester M60 3NF

 

, Tel: 0161 2007476

Fax: 0161 2007197

Minicom: 0161 2007447

Open: Mon-ErL8.00am-(i,Q.Opm

 

Thank you for your letter dated 8th September 2006.

 

I note you concerns regarding the passing of personal data to third parties.

As you make reference in your correspondence to the processing of your credit data, I will assume, for the purposes of my response, that the third parties in question are Credit Reference Agencies.

 

When you signed your credit agreement you agreed that Barclaycard may share information with Credit Reference Agencies. This was detailed under the heading "How we use your information". I have enclosed a copy for your reference.

 

When an account remains outstanding we must continue to forward this information to the Credit Reference Agencies. This is done lawfully in full compliance with the Data Protection Act. We do not agree that the processing of this data would cause substantial damage or distress, or would violate the first, fourth and sixth principles of the Act.

 

Therefore, I must advise you that Barclaycard will continue to share your personal data with third parties until your account balance has been reduced to zero.

 

I am sorry that this may not be the response you were hoping for.

 

Should you have any further questions regarding this matter please do not hesitate to contact me.

 

If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request.

 

If I have not heard from you within 8 weeks from the date ofthis letter, I will close my complaint file in accordance with our usual practice.

 

Yours sincerely

 

(_\ r

" ?'1 \ t';--"- \1

(-:__!_____

 

Carl Nuttall

Customer R_tionship Manager

[Tinkerbelle]

Fair enough, but at the end of the day you do have a right to ask them not to process your data in that way. End of.

 

And this is codswollop too:

When an account remains outstanding we must continue to forward this information to the Credit Reference Agencies. .

says who?? Wrong choice of words there methinks!! Ask them to show you legal statute and you want chapter and verse.

 

And as for this:

This is done lawfully in full compliance with the Data Protection Act. We do not agree that the processing of this data would cause substantial damage or distress, or would violate the first, fourth and sixth principles of the Act

them saying that it is lawful is not enough. They have to prove it and explain how they came to this decision.

 

After all, I'm sure you didn't send them a letter that just said "Oi you! stop processing my data because it breaches x,y & z of the Data Protection Act"

 

No, you sat down and you explained why you felt that those particular acts of law were being breached, and for them to come back with this nonsense is just disrespectful.

 

Prove it or Remove it.

[Tinkerbelle]

Pugsley, please don't double post. It makes it difficult for others to follow what is going on.

 

I have asked for your other posts on other people's threads to be moved here to your own.

 

Thanks.

[pugsley]

I think I should have posted it in th other section anyway

[dayglo]

I don't think you will have much luck with them until you have reduced the balance on your card to zero. Is that likely to be possible?

[pugsley]

yes when I get my grant money

[pugsley]

capital one didn't reply to my s10 notice at all dated 31st August 2006, waiting for my credit report from Equifax so will see if they have stopped processing, I somehow doubt it

[dayglo]

let me make sure i understand this:-

 

1) you are reclaiming charges against cap one and barclaycard?

2) have Cap One or Barclaycard put a default on your credit file

3) you have sent the S10 notice which has been ignored.

 

did you also ask for the default to be removed in the reclaiming charges letters?

 

One thing is certain - they will still be processing your data (at the moment at least!)

[pugsley]

1) YES

2) YES

3) Ignored by cap one and refused by barclaycard

 

lba stage yes, refused by capital one not even addressed by barclaycard, need confirmation from credit report

 

I have got to get them off my credit file by January as I need to sign a form saying I have no undischarged defaults OMG

[dayglo]

I have got to get them off my credit file by January as I need to sign a form saying I have no undischarged defaults OMG

 

An undischarged default means an account that you still owe money to. As soon as you have paid it off, it becomes settled default.

 

You will not be able to remove an undischarged default from your file via letter writing etc. unless you can show that the default was made up of charges. In this case, make sure the default removal is part of your bank charges claim.

 

How does the value of the bank charges compare to the value of the default?

[pugsley]

default notice says please pay £208 claim is for £340 (capitol one) balane now 430 offered 120 but nothing credited so far

 

barclaycard default notice says outstanding balance 505 overdue amount 155 credit limit 350, they have paid 152 off the balance and I am claiming for about another £96 and I am still waiting for statements which should have at least another £100 on

[dayglo]

default notice says please pay £208 claim is for £340 (capitol one) balane now 430 offered 120 but nothing credited so far

 

is there still time remaining on the default notice for remedy? It is clear here that the charges are greater than the default value. I think you stand a good chance of having this removed by capital one at the end of this process.

 

the general advice though - if you can pay off the default amounts by January then, even though the default notice may remain on your file pending further action, you will be able to sign your form declaring yourself free of undischarged defaults with a clear conscience.

[pugsley]

thanks for the advice, I wasn't quite sure what a discharged default meant, I was worried it meant paid but still on there, I will be paying both these cards off very soon hopefully, I am a bit peeved about them being closed but in the long run it is probably better as their interest rates are about 30%.