Wrongful Default on CRA

[QueenVIc]

A Royal Mess!

Have I got grounds to sue Barclays or Arrow Global Ltd for wrongful Defaults and incorrect Data held on my credit file since 2008 when an arrangement was made with the Bank during 2008 crash when I lost all my assets to KAUPTHING Bank Hf IOM :tinysmile_hmm_t2: If that wasn't enough?

Now I check my Credit file after 7 yrs of what I thought was an AR arrangement with Barclays to find not only have Barclays Plc defaulted me in 2011 unbeknown to me but Sold the Debt onto Arrow Global Ltd who have now added since March of this year 2015 a new Default..this is an old debt and is now legally Statute barred. Barclaycard have accepted there has been an error and offered me a sweetener of £100 pounds for the expenses incurred. What should I do now ?as this has stopped me from getting extra credit on my overdrafts and could affect me getting a small Mortgage if not corrected.. I have found a Myriad of mistakes..

This amounts to defamation of my Character I want to rectify it... The other Company Arrow Global Ltd are not that approachable, I have discussed the complaint with them and the credit File Agent. " Check my File " who have given good advice so far..

But I want to bring a case against these people who have made a severe error against me on my Credit File by misrepresentation.

please advise...✨

[judgemental24]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Unlawful defaults are a real problem as the credit agencies do not have to do any checks on the data they record. They simply go on what data the lender sends. When discovered you have to go through the creditors and credit agencies own dispute resolution before you then have to go through the ICO and the FOS/FCA if needed.

I had issues with Motormile finance. They recorded some old payday loans with the credit agencies as "Student Loans" and a default date as 20012 when they were 2008. They just vanished with no notification after i went balistic.

The real problem is not that inaccurate data has been recorded with the credit agencies, it is how they deal with any disputes when errors have been discovered.

[MIKE770]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Defaults are recorded as a true and accurate situation, (or should be), if a case is discontinued the default stays for 5 years Scotland or 6 years England/wales etc, as/if the monies are owed then they have no reason to remove defaults.

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

In my case this was an inaccurate line of events still ongoing .. If I had not found the severe error on the 14th September 2015 it would have rolled on till 2017... I have sent. Notice of Correction for my file..People should check their files as these Agencies hold a lot of data on each individual.. Even Fuel companies and Car Insurance do checks now..

[nemesis45]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

A Royal Mess! Have I got grounds to sue Barclays or Arrow Global Ltd for wrongful Defaults and incorrect Data held on my credit file since 2008 when an arrangement was made with the Bank during 2008 crash when I lost all my assets to Kapthing Hf IOM :tinysmile_hmm_t2: If that wasn't enough?

Now I check my Credit file after 7 yrs of what I thought was an AR arrangement with Barclays to find not only have Barclays Plc defaulted me in 2011 unbeknown to me but Sold the Debt onto Arrow Global Ltd who have now added since March of this year 2015 a new Default..this is an old debt and is now legally Statute barred. Barclaycard have accepted there has been an error and offered me a sweetener of £100 pounds for the expenses incurred. What should I do now ?as this has stopped me from getting extra credit on my overdrafts and could effect me getting a small Mortgage if not corrected.. I have found a Myriad of mistakes..
This amounts to defamation of my Character I want to rectify it... The other Company Arrow Global Ltd are not that approachable, I have discussed the complaint with them and the credit File Agent. " Check my File " who have given good advice so far.. But I want to bring a case against these people who have made a severe error against me on my Credit File by misrepresentation.

please advise...✨

Good morning,

You say Arrow added a " New" default, the process is that a debt purchaser can only up date the credit file with its information i.e. its name etc. it cannot change the default date.

An " Arrangement to Pay" is a favourite of Barclay and these are often prolonged, if the creditor and the debtor have agreed an AP it will continue until the creditor feels the prospect of recovering the full amount outstanding is not justifiable the creditor can then default the account, ( an AP is technically a default on the terms and conditions of a credit agreement and is made in the hope that a default may not have to be registered. )

Your complaint if any is with the original creditor not Arrow Global which cannot alter or remove the entry which appears from what you say to have been correctly registered in the circumstances.

You need to make a Formal Complaint to The Data Controller of Barclays seeking back dating of the default ( remember that they don't have to comply), this situation used to be much easier to challenged before the Information Commissioners Office change its " take " on what data should be reported in the area of AP's and defaults, previously it was considered " unfair " to continue a prolonged AP rather than defaulting an account now the ICO expects CRA files to show an up to date and accurate picture of the conduct of an account, which it seems has happened here.

It is still possible ( but not as easy) to challenge a default in this situation, the ground for challenging this simple.

"The placing of a default after a prolonged AP places the debtor at a distinct disadvantage when compared to a debtor who has made no effort to repay their debt, and consequently has a defaulted account entry removed after 6 years from the default date paid or not".

Stumbling blocks to this challenge.

1. The default was registered in 2011, the ICO might expect a debtor on an AP to have challenged the time scale earlier.
2. An AP has as much detrimental effect on credit profile as a default.
3. I cannot see any defamation, it would be difficult to make a challenge on this as you would be expected to have knowledge of the
status of the account.
4. Barclays would have sent a default notice before the default was placed.

Another step to take before doing anything is to make a " Subject Access Request under DPA 1998 requiring Barclays to provide all the data it holds on the account ( Personal Data.) There is a £10 statutory fee for this and Barclays has 40 days to fulfil the request.

nem

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Barclaycard have accepted there has been an error and offered me a sweetener of £100 pounds for the expenses incurred.

Can you clarify what Barclays agreed to do regarding the credit file entry they have? Assuming they still have their entry in place.

If they have one, did they offer a correction with the CRAs?

Did they agree to contact the debt purchaser (Arrows) telling them to correct their one?

In my case this was an inaccurate line of events still ongoing .. If I had not found the severe error on the 14th September 2015 it would have rolled on till 2017... I have sent. Notice of Correction for my file..People should check their files as these Agencies hold a lot of data on each individual.. Even Fuel companies and Car Insurance do checks now..

Slighty confusing as you say Arrow entered a default in 2015, but then say it will go on until 2011, which would be the expiry date of the originally dated 2011 one.

So have Arrow added an entry with an actual default date of 2015? Or have they simply recorded the same default date of 2011 that Barclays did?

This is the "default date" field on the report, and not the row of DDDDs or 8888s in the status history, or tha last updated date. They are not new defaults.

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Y

Can you clarify what Barclays agreed to do regarding the credit file entry they have? Assuming they still have their entry in place.

If they have one, did they offer a correction with the CRAs?

Did they agree to contact the debt purchaser (Arrows) telling them to correct their one?



Slighty confusing as you say Arrow entered a default in 2015, but then say it will go on until 2011, which would be the expiry date of the originally dated 2011 one.

So have Arrow added an entry with an actual default date of 2015? Or have they simply recorded the same default date of 2011 that Barclays did?

This is the "default date" field on the report, and not the row of DDDDs or 8888s in the status history, or tha last updated date. They are not new defaults.

reply

Barclays have offered Yes to amend the errors!

I have spoken to all Three companies concerned... My worry is had I not seen it The default would still be there..

The default states from MARCH 2015 until I complained a "D" in red then an US added for SEPT 14th when I raised the issue.. I never received any warning about a default but had an arrangement from 2008 when I got into difficulty.. I moved house in that time but continued APayments via debt plan co and have been paying since. The history they have recorded is incorrect as 2011 should be 2008 is by now SB legally.. The debt was sold to AG Ltd in 2011. Is being managed by a company called NCO Europe..

I have had a misinterpretation of data written on my Credit FIle which to me in inaccurate and detrimental to my status and actually unlawful.

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Thanks Nem helpful!

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

The default states from MARCH 2015 until I complained a "D" in red then an US added for SEPT 14th when I raised the issue..

That's not what I asked. A D in the status history is not the date of the original default. The red D is just the latest status update that owner has reported, not the actual default.

I asked what the actual original default date is that Arrow have recorded?

For example:

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Barclays have offered Yes to amend the errors!

Yes, but did they say they would contact Arrow to have them correct their one?

[nemesis45]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

I think there is a common error here!


If any payments have been made at Any Time to Any Company during the 6 year period each and every payment has Reset the 6 Year Clock to Zero.
As you say payments have continued to date the debt is Not Statute Barred.
Therefore the CRA Record is Correct as it stands.

nem

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Yes, it would not be statute barred.

Therefore the CRA Record is Correct as it stands

It would not be 'Correct' if Arrow have default date of 2011, which Barclays admitted was wrong and corrected back to 2008 and hence no longer shows, or now is an AP without a default.

It would not be 'Correct' if Arrow have recorded their entry with an actual default date of 2015. I suspect they haven't, but Arrow do have track record of recording false recent default dates, so need to double check.



@QueenVIc

Trying to establish the nature of what is wrong on your reports right now, as that determines who to and how you complain.

Either

- The Actual default from Arrow has an original date of 2011 which matches the original Barclays one - no matter when their status history reporting starts. In that case they would be reporting the original default date that Barclays recorded, and would have given to Arrows to put on their entry. So in that scenario a lot of the blame would attach to Barclays for not informing Arrow of the later correction, or to Arrow for ignoring it if they were informed.

or

- The actual default date recorded by Arrow is 2015, which would be absolutely wrong, and is unlikely to be part of any data Barclays gave them, so would be down to Arrow as a mistake or misreporting on their own behalf.

[nemesis45]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Yes, it would not be statute barred.



It would not be 'Correct' if Arrow have default date of 2011, which Barclays admitted was wrong and corrected back to 2008 and hence no longer shows.

It would not be 'Correct' if Arrow have recorded their entry with an actual default date of 2015. I suspect they haven't, but Arrow do have track record of recording false recent default dates, so need to double check.



@QueenVIc

Trying to establish the nature of what is wrong on your reports right now, as that determines who to and how you complain.

Either

- The Actual default from Arrow has an original date of 2011 which matches the original Barclays one - no matter when their status history reporting starts. In that case they would be reporting the original default date that Barclays recorded, and would have given to Arrows to put on their entry. So in that scenario a lot of the blame would attach to Barclays for not informing Arrow of the later correction, or to Arrow for ignoring it if they were informed.

or

- The actual default date recorded by Arrow is 2015, which would be absolutely wrong, and is unlikely to be part of any data Barclays gave them, so would be down to Arrow as a mistake or misreporting on their own behalf.

There have been payments made up to current date it seems so SB is not a possibility.
The entry may come off the credit files But the debt and the obligation to pay remains.

nem

- - - Updated - - -

Yes, it would not be statute barred.<br>
<br>
<br>
<br>
It would not be <strong>'Correct'</strong> if Arrow have default date of 2011, which Barclays <u>admitted was wrong</u> and <u>corrected</u> back to 2008 and hence no longer shows.<br>
<br>
It would not be <strong>'Correct' </strong>if Arrow have recorded their entry with an actual default date of 2015. I suspect they haven't, but Arrow do have track record of recording false recent default dates, so need to double check.<br>
<br>
<br>
<br>
@<a href="http://www.legalbeagles.info/forums/member.php?72103-QueenVIc" target="_blank"><strong>QueenVIc<br>
</strong></a><br>
Trying to establish the nature of what is wrong on your reports right now, as that determines who to and how you complain.<br>
<br>
Either<br>
<br>
- The Actual default from Arrow has an original date of 2011 which matches the original Barclays one - no matter when their status history reporting starts. In that case they would be reporting the original default date that Barclays recorded, and would have given to Arrows to put on their entry. So in that scenario a lot of the blame would attach to Barclays for not informing Arrow of the later correction, or to Arrow for ignoring it if they were informed.<br>
<br>
or<br>
<br>
- The actual default date recorded by Arrow is 2015, which would be absolutely wrong, and is unlikely to be part of any data Barclays gave them, so would be down to Arrow as a mistake or misreporting on their own behalf.

<br><br>There have been payments made up to current date it seems so SB is not a possibility.<br>The entry may come off the credit files But the debt and the obligation to pay remains.<br><br>nem<br>
<br>

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

There have been payments made up to current date it seems so SB is not a possibility.
The entry may come off the credit files But the debt and the obligation to pay remains.

Nem, if you read my post properly, then you would see I said:

Yes, it would not be statute barred.

[nemesis45]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Nem, if you read my post properly, then you would see I said:

Statement was for the OP Nib!

nem