Debt Star -vs - Experian

Hello. I have a problem related to my Sharklaycard thread.

Sharkleys refuse to recognise my dispute. I have already this week written to the FOS about them.

On looking at my credit report today I can see that they have marked me up as 3 mising payments now. Despite my Failed Letter and despite the dispute.

I sent Experuian a letetr by fax and post asking them to remove. I know them well enough that they won't.

Any views and what I can do to stop them Defaulting???

[Amethyst]

Re: Debt Star -vs - Experian

Pay them ? (sorry but its true isn't it)

I'll have to remind myself what the dispute it, but you know that CRA reporting isnt deemed enforcement following McGuffick.

Hang fire.

[Amethyst]

Re: Debt Star -vs - Experian

Debt Star vs Sharklaycard - Legal Beagles Consumer Forum

Okay so you are trying to set up a repayment plan with them, they are ignoring you, they are claiming to have sent a recons agreement under s78 but they forgot to put it in the envelope, you are reclaiming penalty charges off the account, and that matter is with the FOS (thus the account is in dispute), and so you havent paid for three months and they continue to charge and put markers on your file.

About right ?

[The Debt Star]

Re: Debt Star -vs - Experian

Pay them ? (sorry but its true isn't it).

(a) if i but could (b) they owe me unlawful charges going back 11 years
------------------------------- merged -------------------------------

Debt Star vs Sharklaycard - Legal Beagles Consumer Forum

Okay so you are trying to set up a repayment plan with them, they are ignoring you, they are claiming to have sent a recons agreement under s78 but they forgot to put it in the envelope, you are reclaiming penalty charges off the account, and that matter is with the FOS (thus the account is in dispute), and so you havent paid for three months and they continue to charge and put markers on your file.

About right ?

yes, that's correct. i'm going bald over it.

[Amethyst]

Re: Debt Star -vs - Experian

Barclays have actually refused to acknowledge the dispute on the account havent they so it isnt a simple matter of the left hand / right hand.

The penalty charges is the main dispute, (and no argument about that being a recognised dispute) and under the lending code...(which used to be same in banking code)


35.
Subscribers can give CRAs default information about a customer’s debts if:

the customer has fallen behind with their payments

the amount owed is not being disputed by the customer; and

the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand.


So write spelling that out ?

Theres some other bits in lending code about accepting repayment plans and the like which might be of help...also the OFT debt collection guidance OFT664 covers it a little.

[The Debt Star]

Re: Debt Star -vs - Experian

I have. B'card IGNORE my correspondence.

Barclays will only respond to the points they want to. They are fixated on the CCA point that the reconstructed CCA theydidn't enclosein their letter ends the matter.

My concern in all of this isn't that barclays will be adjudged wrong, but that I will have a devil of a job getting a Default removed, since in my experience the CRAs just aren't interested.

[Amethyst]

Re: Debt Star -vs - Experian

Legal Beagles Consumer Forum

That's an old dispute letter, the lending code bit can be added to it.

Whats the overall debt (if you dont mind me asking) and how much penalty charges they owe you ?

[Amethyst]

Re: Debt Star -vs - Experian

Yip so you have to do everything to stop it being defaulted in the first place.

When I was little (well 20) my dad used to tell me if I was skint just to bung them something, anything, cause it slowed up them being able to report to CRA's as it reset the clock. I know it doesnt quite work the same these days.

Don;t bring up the CCA bit in the letter, they have paddywhacks as soon as CCA;s are mentioned as they assume you are trying to avoid paying anything, keep the issues seperate - Penalty Charges & Repayment plan on remaining balance you calculated and the CCA completely seperate to those.

Barclaycard are pretty good with refunding penalty charges.


the CCA has nothing to do with that dispute. (well it does but you know what I mean)

[The Debt Star]

Re: Debt Star -vs - Experian

Good advice 'bowt keeping issues separate. i haven't been doing that and my letetrs are usually about 3 pages long covering all the issues

Debt is 4.5K.

penalty charges sums depend. First off, Barcrap tell me they are underno obligation to give me statements going back the full 11 years. I have only got 6 years' statements. On the 6 years statements I have about £350 worth ofn charges (most at £20 a pop, but the recent dispute charges are at £12).

The historic ones (over 6 years old) I estimate at £750 but cannot prove it cos I don't have the stts (that is based on my usual late payments / 2 )

[Amethyst]

Re: Debt Star -vs - Experian

Go in with an estimate then (we used to all the time on bank charges) they soon come up with statements - but they have a go at arguing limitations on 6 years anyway.

hmmmm £750 would have to have a whack of Contractual Interest added to get it up to around half of the outstanding, so I guess they can still report on the other half, however I think a letter reclaiming the charges (take you to court if you wont pay up letter) and offering a repayment plan on what you consider is left (after doing spreadsheets to show charges and estimated charges plus interest charged plus CI) is about 2.5k which you'll pay at £10 a month (or whatever) if they freeze interest charges etc as per the lending code, enclose your IE sheets, to review in 6 months as your circumstances improve (something in the white paper about that I think). That should give you time to sort the CCA parts out.

not saying it'll work, but its an idea, your with the FOS already so point that out too.

They can tho mark your CRA as A (arrangement), which isnt as bad as a default, and will stop the late payment markers building up.

[Angry Cat]

Re: Debt Star -vs - Experian

Defaults, should not be marked on one's credit file, if there is a genuine and valid dispute involved and that you have evidence of the valid dispute.

Please refer to the ICO technical guidance on placing defaults with credit reference agencies.

Please see page 16:
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

IMO, you need to log a complaint with the ICO;
inform Barclays that you have done same.

At the end of the day, Barclays compliance officer will be aware of the above.

You need to spell it out to them!

Also, as you have complained to the FOS and your complaint is being investigated, the matter should be viewed as, grid-locked

[The Debt Star]

Re: Debt Star -vs - Experian

Thanks guys. yes I think perhaps I should write to their compliance officer now.

The arrangement plan on the credit file, presumably as soon as its paid up that gets taken off anyway? Its not like a 6 year Default is it?

[Angry Cat]

Re: Debt Star -vs - Experian

Unfortunately, an arrangement to pay, normally does stay on one's credit file.

[The Debt Star]

Re: Debt Star -vs - Experian

Unfortunately, an arrangement to pay, normally does stay on one's credit file.

oh bu99er.

[Amethyst]

Re: Debt Star -vs - Experian

Doesn't affect your points as much as a Default or CCJ tho, does it ? Actually thinking on that subject, is there some sort of guide to what events affect credit scores in what way somewhere?