Barclays Problem

[Blodwin]

Re: Barclays Problem

oh, and no response whatsoever to my complaint letter to Barclays which was sent on 2 July.

[Blodwin]

Re: Barclays Problem

I'm hoping for some pointers because Equifax have clearly read what I sent them whereas Experian haven't. I need to find a way to get Experian to start taking my complaint seriously and to respond as Equifax have.

Similarly with Barclays, who are just ignoring the complaint.

[Never-In-Doubt]

Re: Barclays Problem

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.

well done.....

oh, don't like to gloat but we're slightly more accurate than CAG and a lot better as well

Experian will follow suit... leave it with me and later today I'll sort you a suitable reply!

[Never-In-Doubt]

Re: Barclays Problem

I'm hoping for some pointers because Equifax have clearly read what I sent them whereas Experian haven't. I need to find a way to get Experian to start taking my complaint seriously and to respond as Equifax have.

Similarly with Barclays, who are just ignoring the complaint.

Experian, leave it with me...

Barclays, chill - worry about that later right now, stick with the CRA's as the bank rarely deal with such matters efficiently.

I'll post a letter reply for you some point later today/over weekend. Just ensure for the moment, you copy the Equifax letter as we'll be using that at Experian within the follow-up.

Sit tight, chill.

[Never-In-Doubt]

Re: Barclays Problem

Did Equifax respond via email? If so can you go to it and click forward, then add this as the addressee: lee.hancock@uk.experian.com

Lee Hancock is from the executive team at Experian, send him a copy of the Equifax response and they will follow suit

So, forward the Equifax email & simply copy/paste this at the top and send it off.....

Dear Mr Hancock,

I am writing to you with respect to an ongoing query which seems to be getting nowhere fact and prior to seeking legal advice I was advised to contact you as you may be the best person to help with my complaint.

On {xx/xx/2012} I sent in a complaint regards Barclay's adding duplicate data against my record, something we both know to be misleading, a breach of DPA and a direct contravention of the ICO's guidance of issuance of defaults. My complaint is shown below for your perusal:

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 Barclays 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.

Shockingly, the reply I received from Experian is not only nonsense but bordering libel and I demand that you remove this entry as it is clearly a duplicate. Of course Barclays will not willingly remove it but that does not mean their opinion is correct. Please explain to me how it's possible that I can be defaulted on an account and then AFTER the expiration of that default have a new entry added to my record (for the same account)? It simply cannot happen and any further attempt by Experian to continue with these lies will be met with formal complaints and the possibility of legal action for your reporting of the libellous data.

I as the data subject am telling you to check your own records and you will clearly see this account has sat through the 6 year default period and thus NO entry can EVER be re-submitted for this same account. You know that, I know that, Equifax know that, CallCredit know that and so does the ICO. Barclays on the other hand are amateurs, we must surely be able to agree on that front.

I attach at the base of this email a copy of the email, including headers, of Equifax's reply, which is the correct reply unlike yours. I suggest you take heed of this reply and absorb the content, then explain it to the person whom lied to me in your last communication.

Please deal with this matter immediately and remove the duplicate entry before things start to turn nasty.

Yours sincerely,

[Never-In-Doubt]

Re: Barclays Problem

p.s to read the actual ICO guidance on defaults (that backs up my argument here) see this:

[Blodwin]

Re: Barclays Problem

Thank you. I have emailed you experians's latest email. I can't post it up because I'm travelling. Experian are saying that the arrangement supercedes the default and therefore it can be entered and further, that it is not their responsibility to be accurate.but barclays'.

I did not enter into a 'new' arrangement with Barclays this year after the default dropped off. I have been paying those b*stards since 2003 and all through the default period.

Thank you for your help and above all for your moral support.

[Blodwin]

Re: Barclays Problem

I confirm that I have emailed the above letter to your contact at experians's and will report back in due course!

[Never-In-Doubt]

Re: Barclays Problem

Thank you. I have emailed you experians's latest email. I can't post it up because I'm travelling. Experian are saying that the arrangement supercedes the default and therefore it can be entered and further, that it is not their responsibility to be accurate.but barclays'.

I did not enter into a 'new' arrangement with Barclays this year after the default dropped off. I have been paying those b*stards since 2003 and all through the default period.

Thank you for your help and above all for your moral support.

Don't worry, they are talking shit. NOTHING can supersede a default other than a CCJ (muppets)

[Never-In-Doubt]

Re: Barclays Problem

I confirm that I have emailed the above letter to your contact at experians's and will report back in due course!

Cheers keep us updated.

[Blodwin]

Re: Barclays Problem

No email acknowledgement from Lee Hancock at Experian, yet. I also sent a hard copy letter to him in the post.

Experian seem to think that ignoring people and / or sending fob-off emails resolves all issues. Not in this instance. I have everything to gain and nothing to lose taking this as far as it will go.

Niddy, you have read the latest Tristan McSweeney email from Experian, how do I force Experian's "Final Response" if the Lee Hancock approach is ignored?

And, if this goes to the FOS and to the ICO (I assume to both), what is the best approach if no Final Response is ever received from Experian? I ask as it apears that Experian know that if they don't use the magic words "this is our Final Response" that I will encounter difficulties taking this to the regulators.

Thanks BTW for the great letter to Lee Hancock, I think its great and i'll make sure it is evidenced to the ICO and FOS along with the proof of its delivery.

Incidentally, who is the CEO at Experian?

[Blodwin]

Re: Barclays Problem

Don't worry, they are talking shit.

Yup, they are most assuredly are!

[Never-In-Doubt]

Re: Barclays Problem

Incidentally, who is the CEO at Experian?

Take your pick from the following! John Peace is the top dog, but also the UK boss (MD) is called Craig Boundy (Experian plc – Craig Boundy appointed as Managing Director, Experian UK & Ireland)

Their email's are similar to Lee's so it'd be firstname.surname@uk.experian.com

• Sir John Peace
  
• Don Robert
  
• Chris Callero
  
• Brian Cassin
  
• Fabiola Arredondo
  
• Roger Davis
  
• Alan Jebson
  
• Sir Alan Rudge
  
• Judith Sprieser
  
• David Tyler
  
• Paul Walker
  
• Craig Boundy
  
• Charles Brown
  
• Chris Clark
  
• Michael DeVico
  
• Richard Fiddis
  
• Rick Gallagher
  
• Joy Griffiths
  
• Ricardo Loureiro
  
• Robert Nelson
  
• Victor Nichols
  
• Nadia Ridout-Jamieson
  
• Ken Sansom
  
• Mark Wells
  
• Kerry Williams

[Never-In-Doubt]

Re: Barclays Problem

No email acknowledgement from Lee Hancock at Experian, yet. I also sent a hard copy letter to him in the post.

I don't think he's left but if so someone else will pick it up....

Experian seem to think that ignoring people and / or sending fob-off emails resolves all issues. Not in this instance. I have everything to gain and nothing to lose taking this as far as it will go.

Exactly, lets see what happens.... one step at a time.

Niddy, you have read the latest Tristan McSweeney email from Experian, how do I force Experian's "Final Response" if the Lee Hancock approach is ignored?

I read the email you sent me, that suggests that as Barclays have recommenced with an arrangement in 2012, it's a new agreement They are incorrect.

And, if this goes to the FOS and to the ICO (I assume to both), what is the best approach if no Final Response is ever received from Experian? I ask as it apears that Experian know that if they don't use the magic words "this is our Final Response" that I will encounter difficulties taking this to the regulators.

It'll only go to the FOS/ICO if you report it, not yet - see what happens first. Give them time!

Thanks BTW for the great letter to Lee Hancock, I think its great and i'll make sure it is evidenced to the ICO and FOS along with the proof of its delivery.

That is basically the basis of complaint

Incidentally, who is the CEO at Experian?

see above post!

[CleverClogs (RIP)]

Re: Barclays Problem

Take your pick from the following! John Peace is the top dog, but also the UK boss (MD) is called Craig Boundy

• Sir John Peace
• Don Robert
• Chris Callero
• Brian Cassin
• Fabiola Arredondo
• Roger Davis
• Alan Jebson
• Sir Alan Rudge
• Judith Sprieser
• David Tyler
• Paul Walker
• Craig Boundy
• Charles Brown
• Chris Clark
• Michael DeVico
• Richard Fiddis
• Rick Gallagher
• Joy Griffiths
• Ricardo Loureiro
• Robert Nelson
• Victor Nichols
• Nadia Ridout-Jamieson
• Ken Sansom
• Mark Wells
• Kerry Williams

And Uncle Tom Cobley and all...