Barclaycard cannot provide credit agreement

[cooldad]

Thank you Brig

 

Great letter, will be going off tomorrow.

 

However my question 1. remains. How can they have recorded a default with the CRA's without first consulting with me in order to give me time to remedy the default?

[ajs444]

Lovely letter Brig.

[Jedicris]

Thank you Brig

 

Great letter, will be going off tomorrow.

 

However my question 1. remains. How can they have recorded a default with the CRA's without first consulting with me in order to give me time to remedy the default?

 

Because it's Barclaycardsharks, who think that they can do anything and that the rules do not apply to them.

[BRIGADIER2JCS]

Hi cooldad, A company can report on any account an individual holds at any time they don't have to inform you of that.

BUT you should have received a default notice,(as explained above) giving you a time scale for remedying the default.

[Peterbard]

I think that ICO guidelines state that a data subject should receive a warning letter 28 days before the default marker is placed on the debtors credit file.

 

This is in addition to, or can be concurrent with the default notice which is sent prior to the commencement of proceedings for default.

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

 

Section 33

Edited July 27, 2013 by Dodgeball

[cooldad]

Very helpful. Thank you all, I'll wait to see what reply I get from the Data Controller of Barclays.

[suekelly]

Barclays really do think they operate outside the rules - as others have commented.

 

The argument they put forward that a default notice was issued but not actually enforced it is a red herring in my opinion. The ICO state that if you default on a credit agreement then the creditor should default the account after 3 months. Are Barclays seriously implying that this account has not been in default all these years?

 

I had a similar experience with them. They applied a default to my credit reference accounts almost three years after I defaulted. When I complained (consistently over a period of 12 months to anyone who would listen), they agreed that this was a mistake and that they'd remove the default from my credit reference details. However, they then put an Arrangement to Pay on each of the credit reports. I eventually rang someone at Barclaycard and after looking into it - and following a threat that I would take it to the FO - they agreed that they'd made a mistake and removed them all. I also got a compensation payment from them as a "goodwill" gesture. Don't let them get away with this. What they have done is totally wrong and both the ICO and FO would back you up on this.

 

And as the Brigadier rightly states, as the account defaulted in 2004, no-one can put anything at all on your credit records as 6 years has elapsed.

[suekelly]

Also, it just occurred to me that the argument that the CRA's put forward that they don't hold the records for any defaults after they've disappeared from your accounts is ridiculous. I'm sure, like every other organisation, they are obliged to hold onto data for six years. Send them a SAR and you'll see what info they hold on you. They don't like fulfilling these and try to get away with sending you a credit report but stick to your guns. You'll have to send them £10 for the information. I've done this and I know that they keep information long after it's dropped off your credit files.

[BRIGADIER2JCS]

I think the confusion again here is between an notice of intention to default, a default notice and the actual placing of a default on an account, the credit file entry is to report the placing of a default on an account, A DN in its self is NOT a default, and it is always at the creditors will to determine if they will default after a DN is sent and there are a few reasons why the default is not placed.

[BRIGADIER2JCS]

Also, it just occurred to me that the argument that the CRA's put forward that they don't hold the records for any defaults after they've disappeared from your accounts is ridiculous. I'm sure, like every other organisation, they are obliged to hold onto data for six years. Send them a SAR and you'll see what info they hold on you. They don't like fulfilling these and try to get away with sending you a credit report but stick to your guns. You'll have to send them £10 for the information. I've done this and I know that they keep information long after it's dropped off your credit files.

No the data has been held for 6 years the CRA is NOT a finance provider that must hold data for 6 years after an account is closed.

[cooldad]

No the data has been held for 6 years the CRA is NOT a finance provider that must hold data for 6 years after an account is closed.

 

Brig I might be wrong, but a SAR is what it means, Subject Access Request. As such, I would have thought that this can apply to any company, be it a finance provider, your own employer or anyone that may have information on you.

[Peterbard]

Brig I might be wrong, but a SAR is what it means, Subject Access Request. As such, I would have thought that this can apply to any company, be it a finance provider, your own employer or anyone that may have information on you.

 

Your right the CRA is a data processor so you section 7 request would be quite appropriate, however as said you would probably get the same information if you just requested your credit report so you would have to specify exactly what it is you are after.

[BRIGADIER2JCS]

Brig I might be wrong, but a SAR is what it means, Subject Access Request. As such, I would have thought that this can apply to any company, be it a finance provider, your own employer or anyone that may have information on you.

 

You already see the data that CRAs hold on you, where you can score over the creditors/DCAs is that YOU can archive CRA data over the 6 year period.

 

Yes you can make a SAR but the data will be a rolling 6 years as defaults for example are removed, so whys spend £10 when you can get a £2 report or a free trial.

 

I did this some time back while researching the CRAs and the data provided is that shown on reports.

 

There no other data as the 6 years roll on.

[cooldad]

You already see the data that CRAs hold on you, where you can score over the creditors/DCAs is that YOU can archive CRA data over the 6 year period.

 

Yes you can make a SAR but the data will be a rolling 6 years as defaults for example are removed, so whys spend £10 when you can get a £2 report or a free trial.

 

I did this some time back while researching the CRAs and the data provided is that shown on reports.

 

There no other data as the 6 years roll on.

 

The information I can see is the present information. If I go back say, five years, that would take me back to 2008. As the default notice was issued in 2004, I would be able to see if there was anything on my credit file in 2008, 2009, 2010 etc. The question is how do I archive or see that information today, as I can only see the information they have on me currently.