Barclays Problem

[Blodwin]

Re: Barclays Problem

Checking my emails and nowt from lee Hancock. Will push for a final response from experian so I can take this up with the ico and FOS. Might try with one of the CEO characters first.

You are correct, it is NOT a new agreement. No new tob or agreement entered Into. Same debt, same start date, no change.

I feared this would happen; that when my default fell off my credit files they would re-file it somehow.

[Never-In-Doubt]

Re: Barclays Problem

send it to craig.boundy@uk.experian.com and cc in john.peace@uk.experian.com

[nightwatch]

Re: Barclays Problem

I have got Experian to remove a default from my barclays account,

barcs placed a 2nd one on the account 2 years after the 1st droped off, wrote to Barcs and even sent proof that they had defaulted in 2002 but they wouldn't reply in the end contacted Experian sent them the proof , and have just been told that the account has been removed from my file,

seems barcs like to do this to a lot of people

good luck NW

[Blodwin]

Re: Barclays Problem

I HAVE sent experian the proof of the default but they still won't remove it. How long did this process take you and what responses did you get from experian during that time?

Barclays are ignoring me, as well, so experian and Barclays are effectively stitching us up

I will indeed email those other names, thank you

[Blodwin]

Re: Barclays Problem

Well, well, well, here is the latest from Experian.

I quote it in full.

Barclays are ignoring my letters, despite sending them by recorded post and fax. Should I send the letter of authority to them as suggested by Experian in the following email?

"Dear Mr...

"Thank you for your recent letters and emails. Your correspondence addressed to Lee Hancock has been passed to me to respond to on his behalf.

"I am sorry that your complaint has not been dealt with to your satisfaction. Since I emailed you on X July 2012 I have been in contact with Barclays Masterloan working to resolve your complaint. My previous email explained the time scale in which you should expect our final response on this matter and what you can do if you are unhappy with the conclusion. You first contacted us regarding this matter on X July 2012 and as such I aim to issue our final response by X August 2012.

"I received a reply from Barclays Masterloan to the query that I raised on your behalf on X July 2012. They advised us that they are unable to amend/delete the entry in question at the current time and requested that you contact their Customer Response Team (CRT) quoting ref XXXXXX. Their contact details are as follows:

Barclays CRT, Dale House, Wavertree Boulevard, Wavertree, Liverpool, L69 2TL, Tel: 08456090806

"I am contacting Barclays Masterloan again for more clarification on this matter. Once I have this I hope to issue our final response to you. Whilst this matter is being investigated we are suppressing the disputed account information from our records. Lenders will not view the information when searching our bureau.

"I recommend that you contact Barclays Masterloan's Customer Response Team as they have requested. I am happy to speak to them on your behalf but they have advised that they would need to receive written authorisation from you to discuss the matter with me directly. Should Barclays Masterloan send us any further instructions regarding this matter, we will act upon them accordingly.

"As requested I am removing the following Notice of Dispute from the disputed account information.

"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."

"The changes to your credit report will take effect in the next seven days.
I am not adding your proposed Notice of Correction to our records as the associated data is no longer visible to companies searching your details. I trust that you find this to be acceptable but please feel free to let me know if this is not the case.

"Don Robert is the CEO of Experian. Any correspondence sent to him on this matter will be forwarded to me to investigate and respond on his behalf.

"Kind regards..."

[Never-In-Doubt]

Re: Barclays Problem

Hehe

Ok, what I suggest you do here is simply email back giving authority for them to deal with this, something as follows is ideal...

Thanks for your email. I accept your offer to speak to Barclays on my behalf however I must explain that explicit authority is not necessary within the parameters of the DPA 1998 which heightens and confirms my stance that Barclays are talking rubbish. You are the data processor, they are the data controller so no letter of authority is required as you are simply processing their data. It is not something up for discussion, the data ought to be removed immediately and remain so.

The fact remains this account had already been defaulted and seen out the 6 year default period, which according to the ICO is suffice. A new account was never borne hence no new data can be added to the credit file as this account is technically dead, as far as credit records go.

I accept that you have a few days to compile the final response and thus any authority required is hereby granted by way of this email confirmation.

Thanks

Name Here

[Blodwin]

Re: Barclays Problem

Thanks for this. I have emailed the above to experian and will report back.

[Blodwin]

Re: Barclays Problem

I received a phone call today from Barclays. They "apologised" and said they would be contacting their data control dept and removing the account, it having been defaulted more than 6 years ago. They said it will take up to 28 days to disappear from my credit files.

Will be interesting to receive Experian's "Final Response."

Now, I would make the following remarks:

1. Thank you Niddy for your knowledge and assistance;

2. Great precedent emails and letters;

3. If I hadn't persevered I would have been stuck with an arrangement marker forever;

4. Barclays and Experian do not understand / or care about the 6 year default removal rule;

5. The consumer action group are SHIT.

Thank you to all.

[Never-In-Doubt]

Re: Barclays Problem

Hiya

Haha. All points above are spot on. Best is the last one

Thanks for updating. I hate to brag but I know the law so it only took a few specific points to make them see sense. shame those in the know don't have my knowledge or there'd be no need for me!! (being sarcy by the way)

Well done

[Never-In-Doubt]

Re: Barclays Problem

ps love the edit reason

[kilasuit]

Re: Barclays Problem

Hiya

Haha. All points above are spot on. Best is the last one

Thanks for updating. I hate to brag but I know the law so it only took a few specific points to make them see sense. shame those in the know don't have my knowledge or there'd be no need for me!! (being sarcy by the way)

Well done

Its the proverbial pulling a fast one IIRC.

[nightwatch]

Re: Barclays Problem

Well done Blodwin
you at least got an apology off them

[Blodwin]

Re: Barclays Problem

Thanks never-in- doubt and friends. Just knowing you guys wre following my travails with Experian and Barclays gave me a lot of encouragement.

However to pick up on the consumer action group point. I opened a thread there with the same question I posted here. The response I got from some loser on their Site Team calling himself The Brigadier was that Barclays and the CRAs were acting CORRECTLY in reporting "the true status of the account.". Now, if I had followed that advice I would have given up which would mean that the arrangement marker would be on my credit files FOR YEARS to come. Even if I repaid the debt to Barclays it would be on there for a FURTHER 6 years, so 12 years after the Default (and that's if I could settle it today).

This is one to watch out for. A default coming off and then the creditors entering an arrangement or continuing to report on a debt after the default drops off.

AADs belligerence and pro-consumer stance ( unlike CAGs) shows.

What really galls me is the response from experian. Equifax took off the data right away. Experian didn't and fobbed me off. It was only when the above emails and letters were sent that anything got done.

[Blodwin]

Re: Barclays Problem

Herewith Experian's final response

"I can confirm that we have been in further contact with Barlcays Masterloan regarding your complaint. They have confirmed that the disputed account start date x 2003 was being reported incorrectly and that they are working to ensure the data is not loaded to our bureau in the future.

"We suppressed this account information on x 2012 and the suppression will remain in place. This means that, should we receive any further data with this account number in the future, it will not be visible to companies searching our bureau.

"I trust that this outcome is acceptable to you. Your data dispute has been dealt with in line with your rights under the Consumer Credit Act 1974 and your complaint has been handled according to the attached complaint handling procedure.

"We have now exhausted our complaint process; therefore I must inform you that this is our final response in the matter. If the response is felt to be unsatisfactory, the complaint may be referred to the Financial Ombudsman Service, within six months of the date of this final response. Details of how to take up a complaint with them can be found at:

http://www.financial-ombudsman.org.u...er-leaflet.htm

"If you have any further queries, please feel free to contact me directly either by e-mail at tristan.mcsweeney@uk.experian.com, by telephone on 0115 9055 491 or by writing to me at the following address:
Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

Kind regards

Customer Relations Consultant
Customer Support Centre
Experiannse

"

[Never-In-Doubt]

Re: Barclays Problem

Excellent news - there you go then, this is now finished and put to bed.

Well done, glad we were able to help you out