Barclaycard help please

[Flanagan53]

Hi all, I am new to the forum.

I have been having an ongoing battle to remove a default from my credit file. For some years I have been pursued by DCA's in relation to a Barclaycard credit card. Will try to condense below:
1. Robinson Way began contacting me in 2006 regarding an alleged debt to Barclaycard. I did CCA request, was then told they had referred case back to Barclaycard. I sent a dispute letter and I heard no more.

2. Continual hassle from Mackenzie Hall, who eventually sent me a credit agreement along with lots of other personal information. It was NOT my debt or my personal information but someone else's with a similar name. I referred this significant breach of data to the Information Controller. No more heard, Mac Hall said they would remove the default. In this instance Mac Hall claimed they had been acting for Cabot who were acting for Barclaycard.

3. Applied for a loan with my bank with whom I have been a customer for over 25 years only to be refused. Turns out the default was still on my account. I contacted Barclaycard explained all in depth and received a letter that virtually said tough and if you want a copy of the credit agreement we have it! However,they did state that they had never referred the debt to any other debt agency following Robinson Way in 2008. I can only assume Mac Hall pursuing me was as a result of locating the incorrect person. However, it is interesting that following my CCA request in 2008 Barclaycard have stated they have not pursued this debt.

4. Pointed out to Barclaycard that I had requested a copy of agreement in 2008 along with £1 fee. This week they responded to my CCA by sending me an eligible copy of an application form dated 2002!

Can anyone advise what my next steps should be?

Thanks in advance,

[Undercover Elsa]

Re: Barclaycard help please

Hi Flanagan and welcome to AAD

Can I just clarify...did you originally have a Barclaycard but Muck Hall sent you someone else's agreement. Then the one you've just received is actually your agreement?
Or did you never have a B Card at all?
Sorry for being dim...

Elsa x

[Flanagan53]

Re: Barclaycard help please

Hi and thanks for the reply,

B card have not sent an agreement, they have sent an application form, you can barely read it the copy is so poor. What I can see is that it says I must respond by May 2002. It has no address details but does just about show my name.

Around 14 years ago, I got into some financial trouble following some serious mental health issues. I do not think that I had a B card but cannot be sure. Around 2006/7 I started to sort out my finances and as far as I was aware was debt free. IF I had a B card then I certainly haven't acknowledged it for at least 8/9 years so how do I have a default registered in 2008?

B card have written and said they have not pursued the debt or sold it on since 2008 so I don't understand how they can default the debt. Muck Hall just went after the wrong person - mistaken identity I think for what was a very old debt (1998).

I have read some of the stuff about Carey does this mean the application form fulfils my CCA request or do they still have to provide the agreement? I just want this default off

Thanks for the help

[Undercover Elsa]

Re: Barclaycard help please

Hi Flanagan,
If you haven't paid or acknowledged this for over 6 years then it will be Statute Barred anyway and therefore unenforceable. Similarly there is no way a default should be showing. CRA defaults should be placed in a timely manner, ie within 6 months of the original default.
To get to the bottom of this you would be best sending a Subject Access Request to Barclaycard to get all the data they hold on you. Armed with this you can then establish the actual default date in order to arm yourself to tackle them and get the false default removed and possibly compensation.
Link to the full SAR here> Subject Access (SAR) - Advanced Request - allaboutDEBT UK

With regard to the CCA Request...that will be irrelevant if it IS Statute Barred, but if it's illegible and doesn't show your address or include terms and conditions at inception/as varied then they haven't complied.
If necessary (if it turns out not to be Statute Barred) you can send it to our forum administrator Never-in-Doubt for checking for enforceability.

Elsa x

[Undercover Elsa]

Re: Barclaycard help please

Thread to the Default section as the default aspect is the main concern. PM sent to Flanagan

Elsa x

[Never-In-Doubt]

Re: Barclaycard help please

Hi exactly what reads on your credit file?

1. Who shows as account owner (ie who added default)
2. Date of default
3. Default/Delinquent Balance
4. Date last updated
5. In payment history boxes, date last paid (denoted by a green 0)
6. Is there a duplicate entry or just this one

Thanks.