Barclays Bad Status History

[ianandemma]

Hi I hope you can help with this. I got in touch with CRA Experian and said -

Ref - XXX - BARCLAYS BANK PLC (WOOLWICH) - Status of 1 is incorrect, I dispute this. The account was closed when Barclays owed me money, I received refunds for bank charges that were incorrectly applied, status 1 relates to the bank charges refunded therefore should not be linked to a negative status mark.

I got a reply today saying

YOUR QUERY:
- Barclays Bank PLC (account started xx/xx/xxxx)
I have received a reply to the query we raised on your behalf.

THE OUTCOME:
Barclays Bank PLC confirm they cannot amend/delete the entry at this time.
They have asked that you contact them directly using the contact details below.

WHAT THIS MEANS FOR YOU:
I cannot change this information without their authorisation.

Any comments? Im not happy about this one. This was a basic account I never even had an overdraft with them.

Thanks

[charitynjw]

Re: Barclays Bad Status History

Hi

Link to ICO 'Credit explained' leaflet -(link on page downloads an ICO leaflet)
http://www.ico.gov.uk/for_the_public...es/credit.aspx

Especially section 4

[ianandemma]

Re: Barclays Bad Status History

Thanks for your help with this. Ive read the pdf.

So to clarify

The lender is equally obligated under the Consumer Credit Act 1974 and Data Protection Act 1998 to ensure that the information they provide is accurate and up to date.

in this case what should I be writing as a response to the data controller perhaps?

I know Barclays will fob me off and I feel Experian should sort this out if they are Equally Obligated. I dont believe they have done anything to review the case, definitely provided me with no proof!

Thanks

[labman]

Re: Barclays Bad Status History

Sadly this is not uncommon. CRA's often hide behind the people who supply their data which is what they are doing here. In reality the data controllers of Barclays and the CRA are equally culpable.

You might consider before taking the ICO route, writing to the Data Controller of Barclays asking for the information to be removed and enclosing a copy of the letter from the CRA.

If they refuse, write to the ICO complaining, individually naming the two data controllers, as this is one area of law where very unusually, the individual can actually be held personally liable.

[ianandemma]

Re: Barclays Bad Status History

Labman

Again, Thanks for your help, I will follow on from this and post back to let you know how I got on.

Regards

[ianandemma]

Re: Barclays Bad Status History

Hi
Ive had a think about the letter to barclays - Please can you help me review the letter.

The account wasn't even a full bank account!

Thanks again for your assistance

Dear Sir / Madam
I am writing to you following a request I made to Experian, the Credit Reference Agency you hold details of your customer accounts with.
They hold a marker on file that says I went into arrears with the account during the last three months it was open. The account marker shows a status history of 001. Experian define this as a payment as one month behind schedule.

I do not agree with this information.

The account was in dispute at the time. I raised a complaint with you to request you repay me money for bank charges, the account should have been put on hold with no credit information passed to the agencies.

The account was not a full bank account with credit, I had not applied for the account with any credit agreement.

Please justify to me the information held by Experian.

[labman]

Re: Barclays Bad Status History

Google the eight fundamental principles of the Data Protection Act 1998.

In these you will find a few useful references, but one of them, I think it's number 4 off the top of my head, relates to information being accurate.

The information being held is clearly inaccurate and so needs correcting.

I don't think it's a case of requesting, more a case of politely demanding.

[ianandemma]

Re: Barclays Bad Status History

Hi
Ive had a think about the letter

Dear Sir / Madam
I am writing to you following a request I made to Experian for my credit file.

They hold a marker saying the account went into arrears during the last three months it was open. [status history 001]. Experian define this as a payment one month behind schedule.

I do not agree with this information.

I raised a complaint with you requesting repayment of bank charges unfairly levied on the account. The adverse marker should not have been made in respect of an account that was subject to a claim of this type during the OFT investigation. Any charges would not have applied to the account should Barclays have offset the money covered by the claim.
Principle 4 of the data protection act states -
“Personal data shall be accurate and, where necessary, kept up to date”

I request Barclays investigate this and provide me with proof of accuracy referencing;
· Dated terms and conditions applicable to the account
· Dated correspondence between Barclays and myself in relation to the charges complaint
· Schedule of charges linked to the marker were applied to the account
· Comparison of complaint claim for charges against charges applied relating to adverse marker
Yours Faithfully

what do you think?

Thanks

[labman]

Re: Barclays Bad Status History

Much better!

It may be over the top, but do you want to consider adding a bit at the end that you wish to exercise your right under the sixth principle which states, "Personal data shall be processed in accordance with the rights of data subjects under this Act."

It would appear that this data has not been processed in accordance with my rights, and I therefore ask that it be removed forthwith.

Should you feel unable to comply with this request I reserve the right either to make a complaint to the ICO asking for adjudication on this issue, or to pursue the matter through the courts for a swifter resolution.