Barclays

[JpCollet]

I need your help.... I have a default registered against me by Barclays. I sent them a request under the CCA asking for a true signed copy of the agreement that this relates to. Barclays replied to this by saying that they were unable to find an account in my name. I sent a further request advising that it was deeply concerning that they had registered a default and that they were also unable to find an account in my name. I requested that the default be removed as unsubstantiated. I received no reply.

I have sent 4 further requests to Barclays asking for the information and then that they were now in breach of the duties and therefore the data registered against me must be removed. No reply from Barclays. I have contacted the FOS and they have advised they will look into it and come back to me in 3 weeks. However, Experian have contacted me today to say that Barclays have responded to their notice of correction entry and advised that the default should remain but could not advise them what it was for!!!

What do i do now! i have followed every process and sent so many letter to Barclays! Any advice would be appreciated.

[FlamingParrot]

Re: Barclays

The question here would be: did you actually have an account (current account overdraft, credit card, loan, etc.) with Barclays and if so, did you default on it? Defaulting means failing to make contractual payments on the account. If the answer is yes, then they have the right to record a default even if they can't supply you with a true copy of your agreement. On McGuffick vs RBS it was established that reporting to the CRA does not amount to enforcement, therefore a default can be recorded even if the account is unenforceable.

The data reported to the CRAs should be accurate, so if you never had an account with Barclays or you didn't default on it, then the default shouldn't be there.

The default should drop off 6 years after it was recorded.

[JpCollet]

Re: Barclays

Hi FlamingParrot, thanks for your reply.

I am unaware of ever having had an account with Barclays, it does not provide any details on my credit file as to what it relates to, other than recorded by Barclays. When I contacted Barclays and asked them to provide me with a true signed copy of the Credit Agreement the default related to, the only reply I have had to the 6 recorded delivery letters I have sent, was to advise me that they were unable to trace any record of having an account with them.

my reply was that I found this deeply concerning and, under the circumstances, the data recorded against me was unsubstantiated and should be removed. I have since received no reply to my requests over the past 3 months.

I requested the following information:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.


2. You must supply me with a signed true and certified copy of the original default notice


3. Any deed of assignment if the debt was sold on

To date, and as mentioned, over the past 3 months Barclays have failed to provide or answer any of these questions. I therefore wrote again advising that they have now exceeded the statutory time for the data provision requested and that they are in breach of their duties under Section 78 of the Consumer Credit Act. I have also requested that this being the case, the data they have recorded against me with the Credit Reference Agencies now needs to be removed in it's entirety as unsubstantiated. They have failed to reply to or provide the evidence requested within the timeframe provided under this law.

on my credit file, it shows that it started in 2007, and a default was registered in 2010. The address they have recorded for me, was my parents address, they still live there. I have spoken to them and they have told me that any post for me that was sent to that address was passed to me. There was never anything from Barclays, I would have contacted them to establish what this was about as I have no record of ever having an account with them. I bank with Halifax and have done so since 1999.

I understand and that the default will "drop off" after six years, but the fact that they have been unable to provide any information regarding this, even admitting so in their one and only reply is concerning. I have never had a default and this is affecting me, it was only applying for a mortgage that even highlighted this, as my credit cards are with the Halifax and my mobile phone contract was taken out beef this was registered. I have never needed to apply for any other the of credit , and this is the reason I had not even known he default was there.

Any further advise would be appreciated.