Wrongful default placed on credit file by Barclaycard

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

Before registering the default on your file you should have received a warning notice giving you 28 days grace, I believe that this is guidance only and cannot be used as cause for action in saying that the default should not have been registered, (could be wrong in this)

Well what law allows the banks to register the default in the first place. As far as I am aware it is the OFT guidance on responsable lending. So ICO guidance is highly relevant in any action. It is the ICO which is responsible for the regulation of data protection.

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

Well what law allows the banks to register the default in the first place.

There isn't one, you will agree to information being shared about the conduct of your account when you take on the contract.


As far as I am aware it is the OFT guidance on responsable lending. So ICO guidance is highly relevant in any action.

You are aware incorrectly, the OFT have nothing to do with the recording of you data. The ICO regulate the way that the data is handled, in that they have powers to sanction the data controller or handler if the principles are breached.

It is the ICO which is responsible for the regulation of data protection.

The requirement of a 28 days warning before the issuance of a default marker is not legislation, it is a guideline. If you have a marker placed before this expires and you settle your account you can ask the data controller to remove the marker, and it would be good practice for them to do so, but there is no legal sanction that I am aware of that compels them so to do.

All the DPA requires is that data is recorded accurately, and is kept up-to date, if you default and then settle an account, this strictly speaking is what the file should record.

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

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Well what law allows the banks to register the default in the first place.

There isn't one, you will agree to information being shared about the conduct of your account when you take on the contract.

Well that's incorrect. Then please explain how Yorkshire Water is sharing information with the CRA starting a few months a go. I have not agreed with my information being shared and neither will they get my agreement. I am on rates and pay my bill 6 months in advance, so no credit given to me.

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

Well that's incorrect. Then please explain how Yorkshire Water is sharing information with the CRA starting a few months a go. I have not agreed with my information being shared and neither will they get my agreement. I am on rates and pay my bill 6 months in advance, so no credit given to me.

Ring them and ask, they will say that you implied consent when you took thier service, which you did.
Your credit record file does not only record credit accounts, it can record any financial arrangement where a contractual payment is due.

Otherwise your mobile phone hire record would not be on there for instance.

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

Ring them and ask, they will say that you implied consent when you took there service, which you did. Your credit record file does not only record credit accounts, it can record any financial arrangement where a contractual payment is due.

Otherwise your mobile phone hire record would not be on there for instance.

Well under the DPA consent given implied or other wise can be withdrawn and when the agreement comes to an end that consent also comes to an end. So that is not the only reason used to record the information.

"personal data is adequate, relevant and not excessive in relation to the purpose or purposes of processing"

So that makes it clear that no one can record information that has no relevance or purpose. So the only real legitimate reason the banks have in recording the information with CRA is so that other lenders can make responsible lending decisions.

Following taken from ICO.

"5 Information about borrowers is filed by lenders with credit reference agencies for three reasons.
 To help lenders make responsible lending decisions.
 To help lenders trace and collect overdue debts.
 Occasional prevention of fraud and money laundering.
6 Defaults are usually filed in relation to the first of these."

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

Well under the DPA consent given implied or other wise can be withdrawn and when the agreement comes to an end that consent also comes to an end. So that is not the only reason used to record the information.

Doesn't work like that unfortunately, your consent does not expire with your contract(otherwise pay day loans for instance, with a contract period of 30 days would not be able to record anything ).

Information is kept on file for six years, this is the industry standard.

"personal data is adequate, relevant and not excessive in relation to the purpose or purposes of processing"

Correct

So that makes it clear that no one can record information that has no relevance or purpose. So the only real legitimate reason the banks have in recording the information with CRA is so that other lenders can make responsible lending decisions.

Also correct

Following taken from ICO.

"5 Information about borrowers is filed by lenders with credit reference agencies for three reasons.
 To help lenders make responsible lending decisions.
 To help lenders trace and collect overdue debts.
 Occasional prevention of fraud and money laundering.
6 Defaults are usually filed in relation to the first of these."

And your point is ?

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

And your point is ?

My point is that ICO guidance are not irrelevant in any action, they should be used if they have not followed. So if there was a requirement to give a notice and allow 28 day before registering the default. Then this would be good grounds for having the default removed. When one gets a CCJ they are allowed 28 days to make payment and if payment is made nothing is recorded with the CRA. So why any different for a default.

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

My point is that ICO guidance are not irrelevant in any action, they should be used if they have not followed. So if there was a requirement to give a notice and allow 28 day before registering the default. Then this would be good grounds for having the default removed. When one gets a CCJ they are allowed 28 days to make payment and if payment is made nothing is recorded with the CRA. So why any different for a default.

Because the 28 days you mentioned is enshrined in the legislation (Register of Judgments, Orders and Fines Regulations), the guidelines are just,, well guidelines.

They cannot be enforced because there is no statutory breach.

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

Because the 28 days you mentioned is enshrined in the legislation (Register of Judgments, Orders and Fines Regulations), the guidelines are just,, well guidelines.

They cannot be enforced because there is no statutory breach.

So what legislation or regulations are use to register defaults with the CRA - Well there is NON and you have agreed above. So a statutory breach can never occur.

It is only the banks view that they can register a default when they like and that view can quit rightly be challenged. So the guidelines set by the IOC will hold considerable weight in any action.

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

GT which bank do work for then.

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

GT which bank do work for then.

It's the bank of reality, why don't you open an account.

[tm166]

Re: Wrongful default placed on credit file by Barclaycard

It's the bank of reality, why don't you open an account.

Do they have any ethics, do they treat their customers fairly, do they follow the relevant laws and guidelines set by the regulators.

If the answer is YES then send me an application form.

[gravytrain]

Re: Wrongful default placed on credit file by Barclaycard

Do they have any ethics, Not so that you would notice

do they treat their customers fairly, Only if it is in their interests to do so

do they follow the relevant laws and guidelines set by the regulators. Sometimes

If the answer is YES then send me an application form.

The problem is that you have to understand the system if you are going to allege abuse of it.

Sadly courts do not find for plaintiffs who just say, it isn't fair.