Barclays Problem

[Blodwin]

I defaulted on a loan in 2006 and Barclays originally entered an arrangement to pay. They later replaced this with a Default marker. When the Default dropped off this year they added another Arrangement to Pay marker. Can theey do this? I have been paying them continuously on an arrangement but I thought thaat when an account was defaulted and dropped off my crediut files after 6 years that theey couldn't report it anymore?

[Pixie]

Re: Barclays Problem

Welcome to AAD Blodwin.

I'm not sure about this but I think it's a bit naughty of Barclays.

Someone will be along later who might be able to give a more definitive answer...possibly after the football

[Never-In-Doubt]

Re: Barclays Problem

No a default supersedes all other markers.

Send a copy of your previous report with the new report showing the new (duplicate) entry to all 3 cra's and dispute it as a duplicate entry on an already post defaulted account. If they don't shift it I'll sort you a more severe version of template that can then go to ico & FOS if necessary

[Never-In-Doubt]

Re: Barclays Problem

If you want to send me a copy of both versions (just the default entry) I'll do you a letter tomorrow

[Blodwin]

Re: Barclays Problem

Thank you! Nice clear advice.

Do you have any contact info for the CRAs and presumably you would recomend I write rather than email them?

[Blodwin]

Re: Barclays Problem

you mean screenprint copies of the original AP, Default and the "new" AP? sure, can I attach them here?

[Never-In-Doubt]

Re: Barclays Problem

If you can email them to me please and leaves dates etc intact.

Thanks. I'll sort your letter and add addresses to it for you tomorrow.

Email agreements@all-about-debt.co.uk

Thanks

[Pixie]

Re: Barclays Problem

No a default supersedes all other markers.

Send a copy of your previous report with the new report showing the new (duplicate) entry to all 3 cra's and dispute it as a duplicate entry on an already post defaulted account. If they don't shift it I'll sort you a more severe version of template that can then go to ico & FOS if necessary

I thought so but I wasn't certain.

Thanks Niddy

[Never-In-Doubt]

Re: Barclays Problem

I thought so but I wasn't certain.

Thanks Niddy

Hence the AAD mantra; get defaulted as soon as you can - why drag it out by paying £1 when cessation of payments for 6 months ought to get you a gold star (default)!

[diddlydee]

Re: Barclays Problem

Gold star

You are on form tonight Nids!

[Never-In-Doubt]

Re: Barclays Problem

I would look to send the following to all three CRA's with a copy also going to Barclays along with an unedited copy of the Credit Agency entries - specifically the one showing the original default in May 2006 and the most recent re-entry showing the Arrangement. That's all....

Send Recorded delivery to all 4. Let us know how you get on...

Dear Sirs,

Ref: XXXXXXXX

I write with reference to an ongoing complaint with Barclays Bank and their unlawful addition of a duplicate CRA entry after default, against me.

As you can clearly see from my report and the attached correspondence, I was originally defaulted on 31 May 2006 which means irrespective of whether I am still in an arrangement with Barclay's, the default entry drops off on 31 May 2012. This did originally happen but sadly, Barclay's have now re-added a new entry stating an arrangement which is factually untrue and also unlawful based on the fact I have already had a default registered for the last 6 years. Barclay's have no right to re-add another entry after completion of a default. Need I remind you an account may only be defaulted once, it is quite impossible to default the same account on two occasions!

As a result of the facts showing that Barclay's have acted unfairly, unlawfully and against OFT and ICO guidelines (on default issuance) I strongly suggest you get in touch with them and demand they authorise removal immediately prior to my consideration of legal action against both Barclays and yourselves as the data processor.

Your actions directly breach of s.87 & s.88 of the Consumer Credit Act 1974 as well as the ICO Guidelines on Defaults. As such I'm demanding immediate removal of this duplicate entry whilst I consider my next move which may or may not include a formal complaint to the regulatory bodies and legal action. Bear in mind, you are classed as the data processor and can be held liable to any libel litigation I may pursue.

I look forward to your response within the next 14 days.

Yours faithfully


Sign Digitally

The Postal Addresses are as follows:

Experian Ltd
Customer Support Centre
PO Box 8000
Nottingham
NG80 7WF

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US

Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ

Customer Relations Management
Barclays Bank Plc
Leicester
LE87 2BB

[Blodwin]

Re: Barclays Problem

Thank you Never-In-Doubt.

I confirm that I have written to the 3 CRAs and also to Barclays. I will let you know their responses in due course.

[Blodwin]

Re: Barclays Problem

Hello.

I paid for a £2 statutory credit report and Barclays have not advised Callcredit - yet - of the arrangement and I will keep an eye on that CRA and fire off one of Niddy's letters when and if anything is recorded with them.

Only Equifax and Experian contain the arrangement entry at the moment.

Experian have refused to alter my CRFs stating that all liability for the accuracy of a credit file rests with the creditor and not with them. They have entered a standard Notice of Correction in response to ny complaint but the arrangement remains on my Experian credit files and I still await their "full reponse" to the letter I sent them.


Equifax, however, have replied with the following and which i think is a good result:


"I've reviewed your Credit Report and can see that updates have been added
to our records by Barclays with an AP status.


"I can see that your previous communication indicates that the account was
amended last year from an AP to a default status. It is therefore
possible, that despite the manual amendment, an AP status continued to be
supplied each month on Barclays monthly submission to Equifax. This would
not have been displayed on your Credit Report as our system prevents a
monthly status being displayed after a default. Once the account was
removed from our records, however, there was no conflict to stop the AP
from appearing and the account reappeared on your file.


"I've contacted Barclays today as part of our notice of dispute
process asking that they remove the account from our records and from
future submissions. In light of the unusual circumstances of your enquiry,
I have also suppressed the account from your Credit Report while this
investigation is ongoing."

So, with regards to Equifax, there appears to be progress and the Consumer Action Group got it just plain wrong when they advised me on my thread there to accept this.

I have heard nothing from Barclays yet.

[SXGuy]

Re: Barclays Problem

personally i dont like the idea of them adding comments to the info on your credit file, that can also lead to credit being declined, but if you got defaults already i guess it makes little difference.

[Blodwin]

Re: Barclays Problem

This is what EXPERIAN have sent back to me, by email. Unlike Equifax they are not going to remove the data. They insist that can only be done by Barclays who have told them not to.

"Dear

"Barclays Masterloan (Account started on )

"I have received a reply to the query we raised on your behalf.

"Barclays Masterloan confirm they cannot amend/delete the entry at this time. They have asked that you contact them directly using the contact details below.

"I cannot change this information without their authorisation.

"If you wish to dispute this further, you will need to contact them directly.

"Their contact details are:
"Barclays Masterloan,
Barclays CRT,
Dale House,
Wavertree Boulevard,
Wavertree,
Liverpool,
L69 2TL

"Tel: 08456090806

"You may want to provide documents to the company directly to support your comments as this can help them to resolve your dispute.

"Please be assured that should the company send us any further instructions regarding this matter, we will act upon them accordingly.

"Within the next 28 days the following statement will be removed from your credit report:

""THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

"If you would like there to continue to be a dispute statement on this information, I can add the statement below:

""THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

"Please let me know by return if you would like this statement to be added to your report, where it will then remain until we receive further instruction from you.

"Alternatively, you may wish to add your own statement to this entry on your report. If you would like to add a 'Notice of Correction' to your credit report, please let us know, in writing, the exact wording you would like to use. We cannot add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.

"Kind regards

"Customer Service Representative
Client Queries"