Arrangement to Pay from 2001 **RESOLVED and compensated**

[sammyjammy]

I’ve got a bit of an ongoing issue with Barclaycard and my credit report and wondered if any of you good people could help.

 

In my past I had a DMP but in 2001 I was able to remortgage my house enabling me to repay all my debts.

 

Barclaycard had stopped sending me statements because I was on an arrangement to pay so I had to ring them and ask how much was outstanding on my account.

I repaid the amount they had told me by cheque the following day and heard no more from them.

 

Obviously as this was some time ago I had always assumed that this recorded was now removed from my credit record.

 

To my amazement there is an with Barclaycard account on my record which has £45 outstanding and the account is still live,

the strange thing is it’s not under the account number that I had.

 

I contacted Barclaycard about this record and spoke to someone who was extremely rude,

he assured me that this was indeed my account and that the account number had been changed for security reasons,

he told me this account would remain on my record forever unless I repaid the money. At no time did I agree that this debt was mine.

 

What can I do? Is it not true that this account should have been removed from my account after six years of no contact or repayment? How can I get it removed?

 

I know it’s only £45 but it really sticks in my throat to pay it and no doubt that means another six years before it’s removed.

 

What I don’t understand is why they didn’t contact me about it at the time if it’s residual interest or something.

 

Is there anything else I can do?

Edited September 25, 2012 by sammyjammy
sp

[renegadeimp]

Simple. Stay off the phone.

 

If they contact you again, send the prove it letter to them. They cannot reply " it's your account, you have to pay it". They MUST provide conclusive proof that you do owe money.

 

As for them saying it will stay forever? Wrong. It will remain enforceable for 6 years ( 5 in scotland) if you indeed do own it.

 

And even if you do owe it, going from your info, it is now statute barred, so they cant enforce it anyway. You paid it back in 2001 and didnt hear anything about it until recentely. This guarantees its stature barred. If they have added a default recentley, then you must issue a full complaint and write to their date controller telling them to remove it.

[BRIGADIER2JCS]

I take it this has not been defaulted?

 

You will need to make a formal complaint to their Data Controller.

 

If you need help with a complaint letter I ca draft one for you.

[citizenB]

You certainly need to make an official complaint to their Head/registered office.

 

Why did they not advise that the number had been changed and for what "security reasons" ?

 

If you made the full payment in 2001 - there should have been no reporting at after at the very latest.. 2007 .

[sammyjammy]

Thank you all, your help is very much appreciated, it shows on my credit report as:

 

Credit Card from Barclaycard Centre (I) / XXXXXXXXXXXX3261

Name Miss xxxxx Date of Birth xx/01/19xx

Terms 0 @ £ 0 (Monthly) Status Arrangement to pay

Current Balance £ 54 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 0

Start Date 21/02/1994 Date Updated 02/07/2012

Date Last Delinquent Date Satisfied

 

Default Date Payment Amount £ 0

Previous Statement Balance £ 54 Cash Advance Amount £ 0

Number of Cash Advances During Month 0 Credit Limit Change No Change

Minimum Payment? Promotional Rate;

Payment History

This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

 

Table won't copy but shows AP each month up to last month

 

I don't recall if they ever formally defaulted the account but thats been removed as per standard timescales if it was.

 

Just to confirm I have never had any communication form them, I just have a letter that confirmed what was said over the phone that account number changed for security reasons blah blah.

 

I'll draft a letter to the Data Controller and post it her if I need help.

 

Sorry got my figures mixed up its £54 not £45.

 

just to be clear they have never contacted me about the debt, since I paid it back in 2001, the only contact has been from me querying it.

[renegadeimp]

Then it is 100% statute barred. and should not be recorded on your file.

[BRIGADIER2JCS]

OK not defaulted.

 

If there has not been any payment or acknowledgment in writting in 6 clear years the debt is statute barred below is a suggested letter for you to send

 

To The Data Controller.

Barclays Bank Plc, T/A Barclaycard.

 

Ref: Account No. (as shown on the CRA file + the original one.

FORMAL COMPLAINT.

 

Dear Sir Or Madam,

 

 

I am writting to complain regarding the management of the above mentioned account by Barclay Card, having recently checked my credit reference files with xxxx credit reference agency I find that an inaccurate entry has been made regarding the status of the accounnt (if you can take a screen print and send it with this).

 

The entry shows an arrangement to pay which I was totally unaware of as I repaid the required amount agreed to be the full settlement of the account on xx xx xxxx and was never advised of any further amount outstanding.

 

I telephoned Barclaycard on xx xx xxxx to discusss this matter and was most rudely treated by the person I spoke to at this time unhelpful to say the very least.

 

You must be made aware that I do not acknowledge any debt, liability or obligation to Barclaycard for the allged balance of £54.00 antd will NOT be offering any payment now or in the future as you must be aware that the alleged debt is statute barred.

 

I now require you to fully investigate this matter, remove the entry from all credit reference agency files with immediate effect

 

Dependandant on your companys actions on this matter I will be making formal complaints to the Information Commissioners Office regarding the inaccurate data shown on CRA files, and I reserve the right to make a complaint to the Financial Ombudsman Service without further reference to Barclaycard.

 

Send this recorded delivery and track receipt.

[BRIGADIER2JCS]

Then it is 100% statute barred. and should not be recorded on your file.

 

It will remain as it is not a defaulted account and has an AP marker, but I have taken advice from the ICO on this and it must be properly challenged.

[renegadeimp]

That needs to change brig. It shouldnt be up to the debtor to prove its statute barred :/

[sammyjammy]

Than you from the bottom of my heart. I will send letter immediately, thank you for the draft letter, I didn't really know where to start!

[BRIGADIER2JCS]

That needs to change brig. It shouldnt be up to the debtor to prove its statute barred :/

 

Indeed, the ''problems'' here are that 1. OFT Guidance states that it is unfair to pursue statute barred debt ONCE the DEBTOR HAS INFORMED the creditor that the debt is statute barred and they will not be paying'' etc.

Placing the responsibility on the debtor.

There is at this time no compulsion for a creditor to inform the debtor that a debt is SB.

 

Also debt is sold with minimal data and certainly without any mention of the status of the debt, there is

guidance although vague that SB debt should not be sold without informing the purchaser of the status of the debt.

[sammyjammy]

Just an update to say had a letter from them saying they are investigating and sorry I've encountered a problem with their service blah blah blah, will reply fully by Oct 26th so they've given themselves a month.

[slick132]

Hi SJ,

 

I'd reply saying you are not impressed that they'll take so long to respond to a simple matter which a large banking organisation should be able to resolve quickly.

 

Tell them that you expect their full and considered response by the time they suggest of 26th October, otherwise formal complaints will be made as necessary.

 

[sammyjammy]

A big thank you to you all who helped and gave advice, had a reply from barclaycard today, predictably last day before their self imposed deadline.

 

Letter acknowledges fault lies with them and admits they cannot even tell me where the £54 comes from as I paid the account in full. Also admits fault with them telling me the matter was resolved and all detail would be removed from my credit file and this not happening.

 

Annoyingly it mentions aobut the six years and being statute barred and that this would not be the case as they had contact with me in January 2011 - never mind that the contact was querying the debt and in no way was the debt acknoweldged by myself.

 

I'm actually in shock as they have sent me a cheque for £300 in view of the distress and inconvenience I have been caused and in apology for the poor service. I wasn't expecting that and even if I had thought they might compensate me would have expected £20 or something.

 

So big result, still hate Barclays and all their companies though

[BRIGADIER2JCS]

Was the 2011 '' contact'' in writting?

 

OFT Guidance says that a ''relevant'' acknowledgment is :: '' unequivical written acknowledgment that the obligation (to pay) still subsist''.

 

Any other conatct phone calls or requests for '' information'' DO NOT restart the 6 year clock.

[slick132]

Hi SammyJ,

 

Great to hear of the result and the compensation paid to you.

 

You need to check your CRA files now to ensure any adverse markers have been removed. If they have not, take a screen shot on your computer of any markers which still exist, so you have proof of what shows on that particular day.

 

This can be used as evidence later if required.

 

The reason they were willing to pay you £300 in compensation is that, if you had taken court action about this, you would have been reasonable seeking many times that.

 

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