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Barclays Default Nightmare!

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  • Barclays Default Nightmare!

    I was wondering if there was anyone on this site who would be able to advise me on the best next steps to try and take on Barclays with what I believe is a wrongly given default.

    Earlier this year I received a phone call from Barclays Collections Department but the call was cut off mid conversation. When I called back I explained to the gentleman that I did not believe that I had an account with Barclays so he asked me some personal details to check for the account on your system. He was unable to find any evidence of the account and when I asked why I was in receipt of a phone calls from the collection department he said that he thought that my mobile number had been linked accidently to an account somehow. I asked him if he could search on the system to remove my phone number from the account and he said that that was not a possibility due to the nature of the search system. He explained that he was very sorry for the calls and that I should ignore the calls as it was a system fault and that they should stop eventually. I followed his instructions but became concerned when the calls carried on. I am a teacher and as these calls always came during my working day I was unable to answer them. These missed calls still concerned me even though I had been told that I should ignore them and I began to worry that maybe it was some sort of scam. I decided to contact Barclaycard on their official number as I knew that I definitely had an account with them and was worried that perhaps the calls were regarding this account. I spoke to an agent and explained the situation and my concerns regarding fraud. She then contacted Barclays Collection Department who again confirmed to her that I did not have an account with them and that the calls were a mistake. I have since contacted Barclaycard and they have a log of this conversation.
    However, I then went onto to receive a letter from a company Credit Solutions who explained that they were now responsible for collecting this debt on Barclays behalf. Credit Solutions told me that I had to contact Barclays to make these letters stop. I did contact Barclays Collection again and I was told and once again that I had no account. This time I refused to get off the phone until they found this nightmare account and with some assistance from a manager they found the account.

    It turns out that whilst at uni in 2005 I had opened a current account with a £250 overdraft which I had used and then never used again. I had genuinely forgotten about the account but obviously would have paid the small amount to have stopped a default being applied to my records.

    I wrote to Barclays asking them to send me my original credit agreement and the default notice and explaing this whole ridiculous situation. They responded saying that with the information that I had given them (which wasn't very much) they could not provide me with these documents. It looked like a very generic letter to me. They did not refer to any of the issues stated in my letter about me trying to contact them and instead just focussed on the fact that they couldn't find the requested documents.

    What shall I do now? I have not yet admitted to knowing that I did have this accouunt and have not given them my uni address.

    Any help would so so so appreciated.

    Thanks
    Tags: None

  • #2
    Re: Barclays Default Nightmare!

    You say that a default was applied? Is that still showing on your credit files? If so, what is recorded under "default date"? Any default from a forgotten account from 2005 should have dissapeared off your credit record by now if it was registered in proper time.

    Comment


    • #3
      Re: Barclays Default Nightmare!

      The account is showing that it was opened November 2005 and remained inactive until Feb 2012 when they recorded a missed payment on my credit report. They continued to record missed payments throughout 2012 and finally recorded the default in Jan 2013.

      Do you think I have any grounds to fight this?

      Thanks

      Comment


      • #4
        Re: Barclays Default Nightmare!

        Well, yes. If you had nothing to do with the account from 2005 onwards, then a record of missed payments and a default from 2012/13 is completely false and inaccurate.

        Any history and default recorded on your credit files must under data protection act be accurate, adequate, up to date and not processed for longer than is strictly required. That history and default would seem to fall down on all or nearly all those counts.

        Had a similar thing on another thread yesterday, where I replied.

        You could write saying something like.

        - The default date recorded is inaccurate and does not correctly represent the account history.
        - As a result xxxxxx are in breach of their duties under the DPA and ICO guidance to record accurate data, and as a result they are causing the information to be processed by themselves and the CRA longer than is necessary under the DPA.
        - You require then to correct the default to within x months of x date within 28 days.
        - Failure to do so, or any attempt to avoid correcting or justify recording clearly inaccurate data will not be accepted, but will instead result in a complaint to the ICO and eventfully the FOS.
        - As you envisage taking the matter to the FOS and the ICO if they fail to correct the information, you require them to send you a copy of their complaints procedure and a final response.
        Last edited by Nibbler; 14th September 2013, 10:40:AM.

        Comment


        • #5
          Re: Barclays Default Nightmare!

          Thank you.

          I have just had the most infuriating phone call with Equifax as they are currently only showing the information on the account from 2009 - 2013 and all the previous years of inactive status have been removed? I was told that the only show the last 6 years account info, so we had a simple maths lesson on the phone and I raised the question that if that was the case where was the account information from 2007 -2013. They couldn't explain this and I have asked for a manager to call me back.

          Do you think that I should tackle this issue with the CRA or Barclays? If I can prove that the account has been inactive since 2005 should Barclays have started collecting the debt in 2012 and then default in 2013?

          I appreciate any thoughts and direction.

          Comment


          • #6
            Re: Barclays Default Nightmare!

            Yes, as said, a default in in 2013 and that payment history sounds completely inaccurate based on the info you give. Equifax just report what they are given. You can dispute it with them, but more often than not they will just fob you off and say that they cannot change it without the say so of the creditor.

            So it's usually best to also dispute direct with the creditor. That means that should you need to go to the FOS and ICO, then you can show you have done all you reasonably can to resolve the dispute prior to referring the matter to them.

            Comment


            • #7
              Re: Barclays Default Nightmare!

              Thank you for your help and advise I will now approach Barclays and the CRA and see how I get on.

              Comment


              • #8
                Re: Barclays Default Nightmare!

                I received a letter from Barclays today stating that they are not willing to remove the default as they sent a copy of the Default to my Uni address. They are totally uninterested about the fact that I had repeatedly tried to contact them and was being told to ignore their calls. They said that the account was opened in Nov 2005 was stopped being used in March 2006, they then turned it into a Higher education account in August 2007 and then a Standard Current account in August 2009 (non of which I asked for). They said that the account remained open until May 2013 but on 30th Jan a termination notice was issued. The final 2 dates confuse me slightly????

                My credit report only shows information on the account from Jan 2009.

                I am so confused as to what to do now. Do I have a leg to stand on or is the change of address crucial. I was contactable constantly from my mobile.

                Any advise would very appreciated.

                Thanks

                Comment


                • #9
                  Re: Barclays Default Nightmare!

                  I have been re-reading this letter over and over again..... The termination notice was issued on 30th Jan 2013 and the defualt was registered with Equifax on 30th Jan 2013 however, it says in the letter that the bank hereby terminates the agreement with effect from 13.2.2013. Is this accurate?

                  Comment


                  • #10
                    Re: Barclays Default Nightmare!

                    Utterly ridiculous. Tell them that if any default was to be applied to your file then it should have been back in 2006 as per ICO guidelines. A default in 2013 for an account last used in 2006 is completely inaccurate and a breach of the DPA.

                    They don't have to remove the default, just correct the date. If you asked them to remove it then I can see why you might have got brushed off.

                    When you complained you wrote that you would take it to the FOS, yes? Is this a "final response" from Barclays.

                    Contact the FOS and ICO and start the process of a formal complaint.

                    http://www.financial-ombudsman.org.u...complaints.htm

                    If not a final response, or the 8 weeks hasn't passed since your original complaint yet, then as said in that link the FOS can still help by writing on your behalf.

                    Comment


                    • #11
                      Re: Barclays Default Nightmare!

                      Hi,
                      So here is the rest of the story. I contacted Barclays again and spoke to another manager and she agreed with me and reopened the case however, the case inspector just sent me another letter saying that they stand by their original findings and it was their final response.
                      I have contacted the FOS today and they are going to send me a complaint form to fill out. Do you have any advice about how to fill it out effectively?
                      I have asked Barclays for my original agreement but they said that they do not have it as they only keep such documents for 6years they will however send me my statements from the account. I have also asked for all notes taken and logged during phone conversations as the notes written by the manager last week were in my favour. They said that they could send me these notes but for a fee of £10.
                      Didn't know if I should contact Barclaycard and ask them to send me the log of my phone call to them last year?

                      Thank you

                      Comment


                      • #12
                        Re: Barclays Default Nightmare!

                        Well, the information on your credit file must be an accurate representation of the account history. Not only does it have to be so to be "fair" and a proper indicator to other creditors of your credit history, it is also a legal requirement of the Data Protection Act that it is accurate and up to date and not processed for longer than is necessary.

                        Clearly a daftly late and inaccurate default fails on all those counts. So you stress that the entry is not fair and accurate, and beaches the creditor's obligations under the DPA. FOS is more likey to be sold on the fairness (or lack of) angle.

                        Also make a parallel formal complaint to the ICO, which would perhaps put more emphasis on the data accuracy/DPA side of things.

                        Comment


                        • #13
                          Re: Barclays Default Nightmare!

                          Nibbler is doing an excellent job here with you! Just one other thought, is it worth writing to the CEO of Barclays about this issue. The Executive's Office might actually make some sense of the situation.

                          The top one is Barclaycard, the bottom Barclays Bank:

                          david.chan@barclaycard.co.uk

                          antony.jenkins@barclays.com

                          Comment


                          • #14
                            Re: Barclays Default Nightmare!

                            Thank you to Nibbler. It has been great to have a helpful ear to offload to.
                            Yes emailing CEO might be of some use perhaps. I may take a 3 prong attack now and complain to the FOS, ICO and CEO. It is like a full time job, I could do with going part time and spend the rest of the time writing letters and emails. I feel like they won't budge without a legal reason, they don't seem to care about fairness and their human errors!!!
                            Thank you for your support, it is very much appreciated.

                            Comment


                            • #15
                              Re: Barclays Default Nightmare!

                              Subscribe, also have what is becoming a Barclays nightmare
                              Never give up, Never surrender.

                              Comment

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