Debt Star vs Sharklaycard

[Angry Cat]

Re: Debt Star vs Sharklaycard

Tell them, the OFT guidance on sections 77, 78 and 79 are quite clear and;
that they should not be attempting to mislead a consumer!

Tell them, that you will be reporting the matter to The Office of Fair Trading (OFT)

[The Debt Star]

Re: Debt Star vs Sharklaycard

Deleted

[Angry Cat]

Re: Debt Star vs Sharklaycard

Debt Star, the following may assist you:
http://www.oft.gov.uk/shared_oft/con...OFT1175con.pdf

Please note, the advice that I have provided is confirmed in same.

[The Debt Star]

Re: Debt Star vs Sharklaycard

thanks, I'll have a good butchers.

Is my letter any good?

[Angry Cat]

Re: Debt Star vs Sharklaycard

You may wish to add after the Reg 7 para:
As confirmed in the recent case of Carey V HSBC Bank plc.

Incidentally, if your complaint is logged with the FOS, the matter should be considered: Grid Locked.

[The Debt Star]

Re: Debt Star vs Sharklaycard

Thats what I thought! But these Sharkcrapcard b*stards are not playing by the rules.

Will edit out letter now cos of Barclays spies on-line.

[middenmess]

Re: Debt Star vs Sharklaycard

Removed as info referred to a different creditor.

[The Debt Star]

Re: Debt Star vs Sharklaycard

Barclays do appear to have difficulties with letters, agreed. However, their call centre culture must not be allowed to dictate terms. If as a consumer I want to write (as much to have a record as anything else) then I should be treated on par with those who wish to tow the line and phone them. I know you will say that's the reality of it and it can help etc, but oft times I find myself having conversations with different people, going thru it time over again and still getting their threat-o-grams despite that. I do also have a claiom for unlawful charges sohave to write to them anyway cioncerning these. I also wanted to get my repayment plan i/e in by letter as well.

I certainly think it would be an idea for me to 'phone them to state directly that this is now a FOS matter and ask them to suspend debt collection.

But since I was doing these forums everyone has said do it in writing, never on the 'phone.

[Angry Cat]

Re: Debt Star vs Sharklaycard

Personally, I would not advise speaking to them on the telephone.
Best to keep all to the written word; letter(s) by recorded delivery.

Tip: I you do wish to speak on the telephone, invest in a Truecall and record the converstaion.

[middenmess]

Re: Debt Star vs Sharklaycard

Not advocating the call centre but up a notch or three.

The advice never to talk on the phone is mandatory for DCA's and the ordinary call centres of Barclaycard but I'm quite happy to talk to the managers who have the authority to discuss my issues in a sensible manner and who are tasked with making certain decisions including the repayment of charges.

You can often achieve more in one phone call than in a dozen letters if you can connect with one of these 'sensible' managers.

Their job is to redeem any situation with as little cost to Barclaycard as possible-you want to make arrangements and resolve issues which are as beneficial as possible to yourself---sometimes a solution which is acceptable to both parties can be achieved,sometimes it never will,but anything is worth a shot or two rather than the eventual legal process and the decision lottery which now seems to favour the creditors.

Whilst you negotiate you are also buying yourself time to uncover or receive advice from other sources including LB that might enhance your situation and strengthen your position.

[The Debt Star]

Re: Debt Star vs Sharklaycard

Deleted

[The Debt Star]

Re: Debt Star vs Sharklaycard

My account with Barclaycard is in dispute. They have failed to send me a copy of my CCA and I have a claim for unlawful charges.

The FOS and ICO will become involved when they eventually get round to working on my submitted complaints.

Barclaycard however continue to process data against me with the CRAs. I have just checked up and my credit score has fallen 240 points because of Barclaycard.

I am paying their monhtly fees now but only because they have blackmailed me into doing this by refusing to recognise a dispute.

Has anyone else received similar treatment from Barclaycard? It seems to me that there is absolutely NOTHING that can be done about this. Whereas, a politician gets caught watching porno movies in the ACS data leak and his info is blacklisted and taken off the internet quicker than you can say "human rights" !!!!

Something is wrong and there needs to be legislation about the abuse of data by the CRAs and creditors. It seems to me that there absolutely no - zippo - consumer rights in effect ebacsue the ICO and FOS are so disinterested

[The Debt Star]

Re: Debt Star vs Sharklaycard

Still no CCA from Barclaycard and no response from them to my claim for unlawful charges either. Barclays of course refuse to recognise the dispute and continue to process data with the CRAs so I have been blackmailed into continuing payments to them and am still being charged interest and charges etc. I have, as mentioned, now complained to the FOS.

This response received from EXPERIAN regarding their continued processing of Barclays' data despite the clear dispute is as follows.

Anything further I can do about the behaviour of the CRAs?

Thank you for your email, which we received on X September 2010.
Your query has been brought to my attention in the Customer Relations team to investigate.
I would like to take this opportunity to explain to you in full the processes we have in place when an individual queries the accuracy of an entry recorded on their credit report.
Under Section 159 of the Consumer Credit Act 1974, you have the right to query information on your credit report that you believe to be inaccurate, once you have received a copy of your report.
You may wish to refer to the relevant legislation below that outlines the process we adhere to when dealing with disputed information.
CONSUMER CREDIT ACT 1974
159 Correction of wrong information
(1) Any individual (the ?objector?) given-
(a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or
(b) information under section 158,
who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.
(2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has-
(a) removed the entry from the file, or
(b) amended the entry, or
(c) taken no action,
and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.
I also draw your attention to the fourth Data Protection Principle, which states that:
Personal data shall be accurate and, where necessary, kept up to date.
Within Schedule 1, Part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1998 it is explained that, as a credit reference agency, we are not considered to have breached the Act by querying the disputed information and adding a Notice of Dispute statement.
7. The fourth principle is not to be regarded as being contravened by reason of any inaccuracy in personal data which accurately record information obtained by the data controller from the data subject or a third party in a case where-
(a) having regard to the purpose or purposes for which the data were obtained and further processed, the data controller has taken reasonable steps to ensure the accuracy of the data, and
(b) if the data subject has notified the data controller of the data subject's view that the data are inaccurate, the data indicate that fact.
Our regulator considers our action to query disputed information with the data provider as taking additional steps to verify the accuracy of the entry and by adding a statement to this effect to your report we are recording your viewpoint that the entry is inaccurate.
Therefore, we were choosing to take no action with regards to your initial request to remove this information from your report. Should you wish to verify this you can contact our regulator at the following address:
The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK9 5AF
In view of this, I am of the opinion that we have acted correctly throughout this matter and in accordance with the relevant legislation. I remind you that under the terms of the Data Protection Act 1998, each lender that supplies us with information is obligated to ensure that the data is accurate and kept up to date.
I hope this explains why we cannot act unilaterally to remove data from your report, especially when the company concerned has confirmed it to be accurate or has not authorised us to make any amendments, as in your case.
Furthermore, as we also have a responsibility to enable lenders to make informed lending decisions, I am sure that you can appreciate why we cannot amend information simply because the individual concerned claims that the data is incorrect.
If we operated in this way, any individual could claim that all the adverse information on their report was inaccurate purely as a means of improving their credit report. This would put our clients at risk by enabling people to potentially obtain finance that otherwise would not be offered to them.
Because of this, if a consumer disputes information on their report we query this with the data provider. The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body.
If you are unhappy with the outcome of the queries that we raised on your behalf, then I suggest that you take up this matter with the Information Commissioner's Office.
I note that you are considering taking legal action including Experian and I would strongly recommend that you seek independent legal advice before doing so.
We have received several similar court claims and have been successful in having these struck out, as the cases were deemed to have no legal merit with regards to a claim against Experian.
This is because, in each case, we have been able to demonstrate that we have complied with the relevant legislation at all times. Consequently, the claimant has been left to pursue their claim directly against the company with whom they have a dispute regarding the data recorded on their credit report.
I therefore recommend that you review your legal position prior to proceeding with your claim. You may wish to consult with the Information Commissioner's Office in order to obtain an unbiased opinion.
I see that you have stated that you will be sending a DSAR request. So that I may assist you further in this matter, and hopefully save you £10 and from receiving information that is not relevant to this particular matter, please let me know exactly what you are hoping to receive as part of the DSAR as I may be able to send you this anyway without you having to go through the process of obtaining a DSAR which can take up to 40 days.
Kind regards

Customer Relations Consultant
Customer Support Centre
Experian Interactive

[The Debt Star]

Re: Debt Star vs Sharklaycard

well I can see that post elicited a healthy response...

ok, so the CRAs are no use and it seems the FOS are similar. Have taken a call from the FOS now and they tell me
1. forget penalty charges claim. case law has closed down that loophole and even if barcrap did charge me 20 a pop over the past 6 years that would be reasonable. Something to do with a case called McGossick?? So FOS won't press that part of the dispute

2. Even though Barcrap haven't given me a copy of my agreement, the fact that they may not have one at all will not prevent them from suing me for recovery anyway. so there's not much point asking for a CCA anyway. however the FOS are going to force them to send me a copy or admit they don't have one, thanks, even though it won't make any difference

3. Barcrap can continue to enter data against me with the CRAs and get DCAs to threaten me as this is not considred enforcement. There is another case law precdent for this. They can do this during a dispute. It doesn't amiunt to enforcement "action."

all in all, I would say the consumer is royally screwed these days and the creditors have it all their own way.

[MIKE770]

Re: Debt Star vs Sharklaycard

well I can see that post elicited a healthy response...

ok, so the CRAs are no use and it seems the FOS are similar. Have taken a call from the FOS now and they tell me
1. forget penalty charges claim. case law has closed down that loophole and even if barcrap did charge me 20 a pop over the past 6 years that would be reasonable. Something to do with a case called McGossick?? So FOS won't press that part of the dispute

2. Even though Barcrap haven't given me a copy of my agreement, the fact that they may not have one at all will not prevent them from suing me for recovery anyway. so there's not much point asking for a CCA anyway. however the FOS are going to force them to send me a copy or admit they don't have one, thanks, even though it won't make any difference

3. Barcrap can continue to enter data against me with the CRAs and get DCAs to threaten me as this is not considred enforcement. There is another case law precdent for this. They can do this during a dispute. It doesn't amiunt to enforcement "action."

all in all, I would say the consumer is royally screwed these days and the creditors have it all their own way.

Seems to me you are right we are screwed, for now! but things seem to turn after a period of time, we shall see.?