Barclaycard admits reporting to cras inaccurately.

[izzitme101]

Hi

i just recieved a letter from old friend bc today, claiming they have been reporting inaccurately to cras.

 

Im pretty sure ive paid nothing since november 07, but it coudl have been 08.

 

i remember finding cag around 07 time, and sending off for cca.

 

the original cca letter copy i have is dated 04/08,

and i wouldnt have paid anything for a few months before then as i was not working.

 

After the usual back and forth,

 

i asked if they had a signed agreement with cputr in mind,

 

this would have been around 08/09, and this is the first i have heard of it since.

 

they say in the letter they are defaulting me on aug 09,

which is a lot more than six months after.

 

So it either is, or almost is sb.

 

Think theyll start chasing for it again?

[mikeymack2002]

The time limit starts from when the original creditor had reason to default you i.e. your first missed payment, it's well known that oc's often default wrong so you may want to wait a while or CCA BC,

 

 

Then see what he does, unless the debt is in dispute BC will try to get a CCJ by default, meaning you not defending it, so it's up to you to request the CCA pay the £1 fee, then wait 12+2 days to see what he comes up with.

 

 

Can you post up the letter minus all personal details in PDF format, so we san see what is going on, remove all bar codes too. if indeed it states that he has been posting to your credit file incorrectly and put it in writing then approach the CRA, that has this on their books and put in the notice of correction with the proof you have

 

 

MM

[the_shadow]

I believe the poster is meaning BarclayCard rather than a certain solicitor... there are many more Barclaycard threads with people in similar situations in the barclaycard forum on this site

 

S.

[mikeymack2002]

The post should be edited to show what he actually means, very misleading post imo, this is why things go pear shaped and gets wrong advice,

 

 

MM

[izzitme101]

sorry, yes its barclaycard.

it is now statute barred, however, i believe they are waiting for me to finish paying my overdraft off, then i think

they will try to transfer it.

 

will ask an admin to change title

[Andyorch]

Thread title amended.

 

Regards

 

Andy

[izzitme101]

thanks andy

[Parmenion]

I got the same letter this week for two old Barclaycard accounts along with the default notices to be backdated to Jan 2010.

 

Background for me is got into trouble due to lack of work in 2009 after some back and forth with BC (a lot via their internal DCA's) trying to reduce payment to £1 a week they agreed to stop charging interest and eventually a 1% a month payment was agreed and direct debit setup, this was Jan 2010 they never took any payments and have had no contact from them since so the default date is probably in line with last contact/payment.

 

The accounts date from the early 90's and I did CCA then in the past but they sent the reconstituted agreement they seem to send as standard so am pretty confident they dont have a signed agreement.

 

What is my best plan here have 28 days to contact them if want before the default (my credit record is full of defaults from this time so not worried about it on my file) but my feeling is to wait for the default date to pass and see what their next response is? Suspect will get passed to Mercers and at that point can start again down the CCA or SAR route? Does this seem sensible or should I contact them now.

[izzitme101]

in my case they are still wrong on the default date, they are claiming aug 09, and i know for a fact i have not paid anything since 07.

I believe the ico guidance is no more than 6 months after for a default, tho i may be wrong.

back in jan 08 i asked them if they had the original agreement, with thecputr in mind, and never received a reply.

I still think they are waiting till i finish paying my overdraft tho, and will try to transfer it over to there.

 

Actually, i just this minute read the second page, and they issued a formal demand for full repayment on it.

Looks like my game may be about to start, and im absolutely positive it is stat barred.

Would it be best to get a sar off now?

also to note, ive not had a single annual statement of the account either, i can use that against them if i need to?

[Andyorch]

What date is the formal demand izzitme101?

 

Regards

 

Andy

[izzitme101]

date is 31st jan

[Andyorch]

date is 31st jan

 

The year would also be helpful:lol:

[izzitme101]

haha of course, its 31st jan 2014

[Andyorch]

" and i know for a fact i have not paid anything since 07."

 

Then it is Statute Barred.Their problem if they wish to terminate it after 7 years of no activity.

[izzitme101]

yeh theyr my thoughts to, will find out soon if theyll sell it or try to enforce it themselves i guess

[citizenB]

in my case they are still wrong on the default date, they are claiming aug 09, and i know for a fact i have not paid anything since 07.

I believe the ico guidance is no more than 6 months after for a default, tho i may be wrong.

back in jan 08 i asked them if they had the original agreement, with thecputr in mind, and never received a reply.

I still think they are waiting till i finish paying my overdraft tho, and will try to transfer it over to there.

 

Actually, i just this minute read the second page, and they issued a formal demand for full repayment on it.

Looks like my game may be about to start, and im absolutely positive it is stat barred.

Would it be best to get a sar off now?

also to note, ive not had a single annual statement of the account either, i can use that against them if i need to?

 

Not sure what you mean -

 

I still think they are waiting till i finish paying my overdraft tho, and will try to transfer it over to there.

 

They wouldnt be allowed to transfer your credit card debt to your current account - thereby bringing your overdraft into play again ! Aside from anything else one is totally covered by the Consumer credit act and they would be denying your rights under that act.

 

Or are you saying that once you have repaid your overdraft - that they will simply take money from your bank account to pay for the credit card.. offsetting ??

[izzitme101]

when the changes were made in 06, were they not supposed to send a statement of your account at least once a year?

 

 

I left barclays long ago, just after i got into trouble, have been with a more reasonable bank since, although i will be moving it all again soon.

 

I have about 70 quid left to pay on the overdraft, which ill be doing in the next couple of months, its offsetting i think they will try.

i am aware that they cant do this, but im also aware from reading cag that they sometimes try, or they had tried a few times when i was last reading regularly.

[citizenB]

when the changes were made in 06, were they not supposed to send a statement of your account at least once a year?

 

 

I left barclays long ago, just after i got into trouble, have been with a more reasonable bank since, although i will be moving it all again soon.

 

I have about 70 quid left to pay on the overdraft, which ill be doing in the next couple of months, its offsetting i think they will try.

i am aware that they cant do this, but im also aware from reading cag that they sometimes try, or they had tried a few times when i was last reading regularly.

 

Righto, well once you have paid the last payment to the overdraft - I suggest you stop any direct debit or standing order. Then they cant use the money for anything else

 

I think the Notice of Arrrears was introduced in 2008, so yes, you should have been receiving them at least once a year since that date.

[izzitme101]

ahh thanks for the confirmation.

Ive been paying by a payslip they send me, have had statements from them, for the overdraft only,

although they tried to tell me i had to call another number for them.

They send them each time i tell them im with holding payment until i get one lol.

 

ill hang on to see what they do next i think, then take it from there.