Barclaycard Motor Loans problem- Advice please ??

[zak3737]

Hi,

Spent the day trying to sort out something with Barclaycard Motor Loans, and I have to tell you that after 27yrs in business, this company and its employees are proving to be the most objectionable company I have ever had the mispleasure of dealing with.

 

For those that want to read, or can offer some advice perhaps, here's the deal:

 

1. I closed down my former business last summer, and in order to clear a Car Loan I had, I requested a 'Settlement Figure' from them.

Letter arrived with a figure, but also references to my D.Debit due later in the month, so I rang and queried it, and was told that the Settlement figure is what was due.

So, I paid it. £7489. I then rang to check it was received, which was confirmed, and I then get a letter 2 days later stating the Loan was 'repaid in full'.

 

End of Story.- Business Closed, account closed. blah blah.

 

1 week later, I get an aggressive letter from them telling me I still owed them £373 for the August payment.

Eh ? Ive paid in full blah blah

No...you still owe us.

Me....No, youve sent me a letter.

No....was an error.

 

more letters.....more threats...and all the time me politely reminding them that they had made a mistake, or someone there had, and it was their problem, not mine, I had paid what they said I owed.

 

Threats...letters.....Solicitors....Debt Collection threats.....finally I wrote to advise them that if they wanted to instigate Court Action, that was fine, but, I would be relying on their letter confirming that my account was 'settled in full' in my defence, should they wish to take this action.

 

Nothing for 4mths from either Legals or BCard.

 

Today, whilst buying new sofa from M&S, I discover a Red Mark against my credit history, the only one I hasten to add, and guess who from ? Yup.

 

So, having spoken to the Financial Ombudsmen, I can send details in for their opinion to hopefully resolve.

 

But, I tried one last time to speak with BCM Loans, and listened to the 'manager' reading off a script so well rehearsed it wasnt true.

 

I encouraged them to take the advised 'Court Action to resolve the matter but it seems they recognice the fact that they havent a hope in hell of extorting the money from me, apart from tarnishing my Credit History with an unresolved dispute, their only lever to try and get money it would now seem.

 

So, has anyone any genuine ideas at all ?

 

Is the Financial Ombudsmen my only route to go down ?

 

:-/

[Mark_Blackpool]

I'm intrigued by the correct answer to this.

 

I've noticed companies like Experian seem to direct you to the lender concerned if their records are incorrect, so you get them to correct it.

 

However, I'd have thought that any credit reference agency which holds data about you and provides that as a service has a duty of care in the accuracy of their information.

 

If their data is wrong, and you tell them, and they refuse to correct it, are they not then guilty of defamation of character if that affects your ability to obtain credit, and capable of being held to account as such?

[powelll]

The credit reference agencies can't change or remove information unless advised to by the creditor ( unless it's the CRAs error ) as this information is supplied by the relevant creditors not by Experian.

 

If they took your word that something was incorrect and changed it and it turned out that you were wrong then essentially they would have tampered with data that they didn't originate.

 

I'm not saying this is right or it's the best way just playing devils advocate

 

The route to go down is to complain to the relevant creditor and ask them to remove the information. If they refuse you then need to complain via the Information Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

[Mrsmancmonkey]

Motor loans are covered now by FLA Finance and Leasing for all complaints. I am currently complaining about a Fiat motor loan.

 

Try them although I have found them to be just as useless as Fiat.

 

Good luck

[zak3737]

Update: having written to the Info Comm Office, I'm now told that they have a 6month backlog, so not to expect a response till after Christmas possibly.

 

Thats a great help.

 

Any more ideas anyone ?

 

[zak3737]

I have an ongoing dispute with Clydesdale Financial, (BarclayCard Motor Loans), which has now gone down to the Info Commisioners office, who have now informed me that they could take 6mths to even look at it.

 

So, can I instigate Court Action to force a resolution of the matter, have a judge decide who is right, and hopefully force Clydesdale to remove the Warning placed against me with Experian ?

 

They have threatened Court Action against me, which I welcomed, and urged them to proceed with, but they have since not carried through with, merely placing an Alert against my otherwise exemplary Credit Rating History, seemingly their only avenue to try and extort the money from me.

 

Any advise much appreciated.

[buzby]

I don't believe so. CRA's files are - to a certain extent - regulated by the ICO and DPA. If they are wrong, and provable, the CRA must amend them. If your case, and noting what you said in the other thread, you contact the CRA with a copy of Clydesdale's letter saying the debit is clear. They will then ask them for clarification. Do remember that even if there is a default, and you pay it off, it remains on your record as paid (satisfied). It does not vanish into the air.

[2Grumpy]

It's tricky getting a CRA to update their records without the originator asking them to. They say that they won't unless they are told to.

 

I doubt that a court could act in less than 6 monts either.

 

Are Clydesdale trying to warn others that they have a dispute? That does sound like unethical tactics to me.

 

Have you asked the CRA what the Warning/Alert means? If you ask for the meaning of information that they have provided, they have to provide it. When they provide an interpretation you could ask the CRA if they consider it lawful to hold that information - it could easily be misleading.

 

The CRA are the data processors but they don't believe that they are responsible for the accuracy of the data that they hold. They are.

 

You could dispute it with the CRA and ask them to remove it until they can prove that it is accurate - but I bet that they wont. Ask for details of the CRAs complaints procedure and lodge a complaint with them too. It will probably be on all 3 CRAs.

[2Grumpy]

Zak

 

I have seen in another posting of yours that you had a settlement offer.

 

Was that an early repayment settlement or a F&FS after getting into difficulties with the loan.

 

If the former then I would suggest copying the settlement offer & fully repaid statement & send it to the CRA with a strongly worded letter saying that the information shouldn't be there - saying that it is a mistake that Clydesdale seem unable to rectify and that you will name them in any proceedings that you take if they don't remove it immediately

[gizmo111]

When you say red mark what exactly do you mean?

 

You could take the settlement figure to Trading Standards and see if it was in fact calculated properly or if you owe the final instalment.

 

I have merged your thrreads please keep to one it is difficult to follow a story with lots of threads,

[zak3737]

Hi all, thx for your replies.

I asked for a settlement figure on a car loan with a year to go, and received a letter from Barclaycard which showed clearly owing £7489 or thereabouts. It also made reference to my normal Direct Debit, and was confusing. So, I rang them to query exactly what I owed, and it was confirmed that only the figure quoted £7489. Fine.

I paid this, and a week later rang to check again, and that it had been received. Confirmed to me that all was now paid up, and 'would I like a letter to confirm this ? ' .

Yes please......which duly arrived 2 days later, showing the 'agreement paid in full.'

 

Finished. No.

 

I THEN received correspondence requesting £372, supposedly the final Monthly Debit, although I had categorically rang to query EXACTLY what I owed.

More aggressive calls to my mobile, and so many 'pre-printed' letters its untrue.

They have admitted to me in writing that the letter was issued in error, and I have been given incorrect information, but are adament that I still owe them £378.

 

Despite threatening letters advising Court Action against me, they have chosen not to do so. I have urged them in writing to instigate that action so that we can even let a judge decide, but I feel that they realise that they have not a hope in hell, and are simply tarnishing my Credit rating as a futile attempt to make me pay.

I have put on a Statement of Correction which apparently any lender can see clearly, but I simply object to this situation by a company that cannot run its affairs professionally and correctly.

 

Does that help ? Any more advice gratefully received....

[gizmo111]

But what exactly have they put on your credit file?

[zak3737]

Against the details stored on my loan, it has a red Circlle with No 8, which warns potential lenders thet the account is in arrears, and that I

' have not responded to requests to put the account in order and bring it up to date', which is simply untrue. I have responded to every letter sent, and they simply are not willing to accept the mistakes made by their staff.

I am quite happy for them to take the matter to court to resolve, as seems the only way, but they have not done so. I feel with the letter I have from them, they would not win anyway, hence their action in tarnishing my Credit Rating and trying to force me to pay.

As I said, I have issued a statement on the matter, which Experian have lodged on my details, for all to see, but it frustrates me that they can do this, and that I have to wait for the Info Comm Office to look into the matter which may take 6months !

 

[buzby]

The information notice is more for your benefit than theirs, as an electronic check of your rating (say by a lender) will not display your notice unless checked manually. If they won;t take you to court, you can always take them, compelling them to remove the erroneous entry - which may be faster than getting the ICO to do anything.

[kabukiman]

6 months is probably the standard, start to finish for the ombudsman to resovle disputes. If it is fairly standard or not much money involved, the bank may back down with a preliminary letter or phone call from his office.

I had a run in with a bank last year, similar situation ten times worse, a charging order on my house. Paid them off years ago but relied on the bank to remove the order which was never done. Tried to explain to bank about my situation but got nowhere. I had lost payment details and they had no details of myself ever having a debt with them, still they would not remove the charging order. Involved the ombudsman, the order was removed within a month.

[buzby]

a charging order on my house. Paid them off years ago but relied on the bank to remove the order which was never done. Tried to explain to bank about my situation but got nowhere.quote]

 

I had a similar issue - it was MBNA that placed the charge on the Land Registry and did not remove it (this was supposedly for an 'unsecured' loan) which got slightly in arrears. Charging orders don't expire, so 8 years on and it turns up on a house search. Go ballistic, but MBNA indifferent. Sued them in the Sheriff Court for damages of £2,500 for their incompetence and their disinterest in rescinding the Charge. That was sweet!

[kabukiman]

Would have loved to sue them myself, after having bought a new house which the old one should have covered but left with paying a mortgage until all this was resolved. Advice from forums, letters to and fro between me and the bank for about six months. It was a toss between the land registry adjudicator or the ombudsman, just glad its all behind me now, no mortgage worries an extra 500 quid in my pocket each month.

[shywazz]

i know it might be a slim chance but did the final settlement figure include that months payment, as i am reading your post, the same happened to myself, i got a final settlement figure from the halifax for a loan, but it DIDN'T enclude the month that i requested it, i paid the settlement figure, and the last DD payment aswell, which when i looked into it, the last DD was in process hence wasn't added to the final settlement figure as was comming out that month. i added the DD with the final figure given and it added up to what was owed, i think you might find the same has happened with yourself, you have stated that the final figure letter you received also mentioned the DD payment, which leads me to the conclusion, that you also had to pay the final DD aswell as the final figure you were given. when final figures are requested there don't include the month you request it, that DD payment will be processed as already in the system, if you add both of your figures together, chances are there will add to what you owed.

[zak3737]

Thx shywazz, The letter is not easy to read at all, thats why I called to ask exactly what you have said, ie, whether the 'settlement figure' is all I owed, and what the reference to my normal monthly debit actually meant.

I was told categorically that all I had to send was the figure quoted as 'settlement' , to clear the loan entirely.

Hence, thats what i sent, and called to check it was received, and again to ask for certain that the loan was now 'fully paid up', which was again confirmed to me.

It was they that asked if I would like a letter to confirm this, which duly arrived 2days later, and again confirmed the loan was 'settled in full.'

 

To then receive many many aggressive letters, and phone calls from some of the most obnoxious staff I have ever encountered, was unbeleivable, and despite letter after letter between us, all of mine pointing out the errors made by their own staff, they accept no responsibility.

 

I maintain that regardless of exactly how they think I still owe them money, I have done all I could to ensure that the loan was paid up in full according to what was asked of me, and have told them that if they do take court action, I will present their letter in my defence.

 

They arent taking me to court because they know they'd lose most likely, so can I take them to Court to force correction of my Credit Rating ???

 

:-|

[Josie8]

Were you refused credit at m&S?

 

If so you have suffered loss etc & defamation.

 

Send a letter to their data controller with a s.10 data subject notice (see forum) instructing them to cease sharing your data.

 

State that info they have transmitted to cra's inaccurate & give statutory period for them to stop processing your data. State in letter that in event they do not stop that you will be issuing court proceedings. Also write to cra's copying relevant correspondance & insist they stop processing your data too.

 

If they haven't stopped issue a claim with both as defendants to ask court to stop them & add that to your notice of correction.

[shywazz]

I know you have exchanged many letters about this matter with them ( hope you have kept all the letters ) , but it seems you are getting no-where fast with them, i know if you get a solicitor to draw you up a letter, think theres a small fee for this service, unless you use your family one or your in a union and get a free service through them, stating that you intend taking the company to court to get the matter/issues resolved, with it been on headed paper etc, the company just might SIT UP and take a little bit more notice. Know its a long shot but one worth taking i think. Its a shame companys can default people without it possibley going through the courts, as this doesn't give both parties to give there views before judgment is made, i was always under the under-standing that before defaults etc were issued, a court had to hear the evidence, but i guess a strike is differant to a ccj and so forth.

Hope you get this unfortunate matter sorted and your credit rating is put back to how it was.

[emma81]

I would contact the FLA if i were you, i had a similar problem and they were really good you can fill out the details online and they will act on your behalf, it should take no way near 6 months mine was sorted within 4 weeks max....

 

Good Luck !

[zak3737]

FLA ? Who's that ?

 

Have spoken with Financial Ombudsman office today, sending me 'Complaints form ' to fill in............

 

Thx

[2Grumpy]

Try writing again along with a copy of the "settled in full" document and demand that they correct the inaccurate information i.e. take it off their system. You could address it to the CRAs data controller or company secretary.

 

If they don't ask for a copy of their complaints procedure

 

Have you tried a full £10 SAR? It might give more information about the item, like if they have tried to find out if it is correct for themselves.

[zak3737]

2Grumpy : They have already had copies of all the correspondence between myself & BCard, including the Settled in Full letter.

Seems that they arent willing to make any decision on validity of the negative mark placed against me, and are unwilling to do anything other than ask BCard if it is correct or not, which, surprise surprise, they insist is.

 

The whole process absolutely stinks - the system that is in place to protect lenders actually allows them to abuse it like this when they realise they have absolutely no legal means of obtaining the money they claim I still owe them.