Barclaycard Default not registered

[Never-In-Doubt]

Re: Barclaycard Default not registered

I'd sit tight and send a new CCA, yes. One to Barclays for the egg card and one to MBNA for the MBNA card.

[RonnyBoy]

Re: Barclaycard Default not registered

I'd sit tight and send a new CCA, yes. One to Barclays for the egg card and one to MBNA for the MBNA card.

Ok Niddy, I'll do that.

And when I get my access code for my £2 experian online credit report i'll send a dispute in to BC about the (6) markers.

Sorry, just to add I meant MSDW and not MBNA.

[RonnyBoy]

Re: Barclaycard Default not registered

Why are you fighting Noddle? They aren't a CRA - their parent CallCredit is but lenders aren't exclusively tied to them yet so the main CRA search would be Experian or Equifax. It's these you need to argue with if it's showing incorrect.

Dispute against BC (6) markers sent to Experian this afternoon.

[Never-In-Doubt]

Re: Barclaycard Default not registered

Excellent. See what they come back with yea

[DebtMagnet]

Re: Barclaycard Default not registered

I had this with Barc and complained direct to them. I said they should have defaulted me. It took a couple months but in the end they wrote back to say they admitted they should have defaulted it. They updated the file to default as of 2010 and sent me a cheque for £100 as an apology. Try going direct.

[RonnyBoy]

Re: Barclaycard Default not registered

Thanks for that info DebtMagnet.

I had an email response from Experian over the weekend, as follows:

Our Ref: EXP/********

Dear Mr ********

Thank you for your email, which we received on 13/02/2014.

I am very sorry to hear you have had cause to complain. Due to the nature of your concerns, your complaint has been passed for the attention of the Customer Relations team to investigate.

I can confirm that we are dealing with this matter as an official complaint in accordance with our complaint handling process. I have enclosed a copy of our complaint handling procedure.

This tells you what we will do with your complaint, the time scale we work to and what you can do if you are unhappy with the conclusion.

We will be in contact with you again shortly to advise you of the progress with resolving your complaint. We will try to reply as quickly as possible, but this will definitely be within the next four weeks.

In the meantime, if there is any other information you think will help to resolve your complaint please contact us by replying to complaints@uk.experian.com, by calling 0870 366 1660 # 2 or by writing to us at the following address:

Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

Kind regards

Paul Beardsley
Customer Service Representative
Customer Support Centre
Experian

Cheers RB

[RonnyBoy]

Re: Barclaycard Default not registered

Hi,

Had another email from Experian as follows:

Our Ref: EXP/********

Dear Mr *******

Thank you for your email, which we received on 13/02/2014. As you will be aware from our email sent to you on 13/02/2014 we are dealing with this matter as an official complaint in accordance with our complaints handling process.

In that email we provided a link to our complaints handling procedure, which I trust you have had the opportunity to consider.

In summary, my understanding of your complaint is that you believe that the information on the Barclaycard account started 21/02/02 is showing incorrectly.

You believe that the account should have been defaulted in September 2010 and therefore the status history on your credit report should have reflected this in not showing recurring "6" markers.

I am sorry to hear of your dissatisfaction with this account entry and that you have felt cause to complain to us.

Having investigated I would like to explain that we are a credit referencing agency and as such our role is to record information sent to us by lenders and from the Public Record.

I can also advise you that for the purposes of data provision under the Data Protection Act (DPA) 1998 it is the companies who provide data to credit reference agencies such as ourselves, who are classed as the Data Controller and so the onus to ensure the data is accurate under the principles of the DPA begins with them.

It is of course your right under Section 159 of the Consumer Credit Act to dispute the accuracy of the data and you can do this either directly with the company providing the data or you can ask us to do this on your behalf.

Our obligation and responsibility in line with your rights is to contact the company concerned and advise you of the outcome if you ask us to do so. However, we are unable to remove information without the lender's consent.

As a result of your comments I am contacting Barclaycard and I will let know what they say as soon as they get back to me.

I am also adding our standard dispute statement to this information, which will appear shortly:

"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."

As a result, anyone viewing this information will be aware that it's being disputed.

In the meantime if you have any further queries please feel free to contact me directly either by email, by telephone on 0844 481 0060 or by writing to me at the following address:

Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF.

Kind regards

Mr Joe Farrelley
Customer Relations Consultant


Is it worth me complaining direct to BC as DebtMagnet did or wait for the outcome from Experian?

Regards

[DebtMagnet]

Re: Barclaycard Default not registered

I would complain, can't do any harm. Here's the letter I wrote to them.

Dear Sir / Madam,

I am writing to you in relation to Barclaycard account number xxxxxxxxxxxx. In the early part of 2010 I encountered difficulty in making payments on this card and eventually entered a Debt Management Plan with Payplan. I also had the same issue with x other credit accounts at the time. All of these served a default notice on me late in 2010 and these accounts now show as in Default on my credit file.

I now notice that Barclaycard did not default the account as you should have done. Instead, you have continued to mark my credit report with 6 months late markers until the debt was finally sold on to Cabot.

This is not the correct procedure. I would point you to the guidelines issued by the ICO on this matter which I consider relevant to this account:

10!Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

The account has been referred to a collection agency or in-house debt collection department.
The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).

11!Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.
Quote:

Accounts should normally be filed as being in default where those payments due have not been received for six months.

Having taken all steps I can to take responsibility for my debts and enter into a repayment plan, I do not believe I should be placed into a worse position than somebody who has not. As Cabot are also incorrectly marking my account with late payment markers, my credit file will be damaged for 6 years after I make the final payment to them, even if I have satisfied the debt in full. This is not fair and frankly I would be better off stopping payments all together.



I hope you will record a default on my credit file for this account as of August 2010 as the ICO guidelines require you to. I hope we can sort this out amicably and avoid official complaints to the ICO and FOS which will be my next step.

Yours sincerely,

[RonnyBoy]

Re: Barclaycard Default not registered

Thanks DebtMagnet.

I received another email from Experian yesterday. As follows:

Dear Mr *****

Further to my email dated 03/03/14 you will be aware that I had raised a query on your behalf with Barclaycard in respect of the account started 21/01/02.

I can advise you that I have now received a response from Barclaycard, who have in their response agreed to completely remove this account from your credit report as it is now owned by IDR Finance UK LTD.

Therefore your report now no longer shows this information.

I am pleased that this matter has been resolved and I am therefore closing this complaint. I also thank you for your patience whilst we have been awaiting a response from Barclaycard. Please consider this to be our final response to your complaint. If you are unhappy with how your complaint has been handled you can refer your case to the Financial Ombudsman Service. You should do this within 6 months of 01/04/2014.

So it seems that its job done as far as BC are concerned. But IDR are still marking my CF with " 6 " markers. Do I have to make another complaint to Experian about IDR this time?

Cheers RB

[DebtMagnet]

Re: Barclaycard Default not registered

Personally I think you should complain direct to the DCA. They should not be putting 6 markers or AP or whatever on your file month after month. I think what has happened is not a good thing to be honest. In my view, and I may be wrong, it would be better if the BC debt did still show on your file and you had got them to add a correct default date. That means that any DCA who comes behind has to add default markers as well.

I've managed to get BC to add a default date of late 2010 but am now arguing with Cabot who have added a second default in 2013, which they cannot do. I'm in no rush as I'm making £1 token payments to keep them happy and hopefully can get them to put the correct default date on so it all falls off my file in late 2016. Once I have all the default dates in place, I will go down the CCA route as I will then be in the driving seat.

[RonnyBoy]

Re: Barclaycard Default not registered

Personally I think you should complain direct to the DCA. They should not be putting 6 markers or AP or whatever on your file month after month. I think what has happened is not a good thing to be honest. In my view, and I may be wrong, it would be better if the BC debt did still show on your file and you had got them to add a correct default date. That means that any DCA who comes behind has to add default markers as well.

I've managed to get BC to add a default date of late 2010 but am now arguing with Cabot who have added a second default in 2013, which they cannot do. I'm in no rush as I'm making £1 token payments to keep them happy and hopefully can get them to put the correct default date on so it all falls off my file in late 2016. Once I have all the default dates in place, I will go down the CCA route as I will then be in the driving seat.

After my initial delight I am in agreement with you about BC removing the account. I am correct in thinking that only BC can add a default to that account on the correct date?

[DebtMagnet]

Re: Barclaycard Default not registered

I don't know but I suspect so. You could write to them and ask them to record it correctly?

[RonnyBoy]

Re: Barclaycard Default not registered

Hi Again,

I've had another reply from Experian (Below) after disputing how Link Financial are recording this defaulted account on my credit file.

-----------------------------------------------------------------------------
Dear Mr RonnyBoy,

Further to our recent correspondence I can tell you that I have received a reply from Link Financial (BCRD) to the query raised with them on your behalf in respect of the account started on 14/02/02.

In that reply the company has confirmed that they cannot amend the entry at this time.

They have further commented as follows:

"The accounts will be held at a status 6 as the accounts are on a reduced payment plan (not the normal contractual repayment). This will change either when settled (will be marked settled) or when 3 payments are missed when the account will fall into default. This has been agreed with the original lender."

As described in my earlier email I cannot change this information without their authorisation. I am also removing the following statement from your credit report, which will be updated with this change within the next few days:

"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 wish to dispute this further, you will need to contact the company concerned directly.

Their contact details are:

Link Financial / Fortis Lease,
Camelford House,
87-90 Albert Embankment,
London,
SE1 7TP

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.

I am of course sorry that the action we have taken has not resulted in the amendment you have requested. I can advise you further that for the purposes of data provision under the Data Protection Act (DPA) 1998, while Experian is both a Data Controller and a Data Processor, in this case it is Link Financial who provide the data to ourselves who are classed as the Data Controller and so the onus to ensure the data is accurate under the principles of the DPA begins with them.

You do of course have the right under Section 159 of the Consumer Credit Act to dispute the accuracy of the data and you can do this either directly with the company providing the data or as in this case you can ask us to do this on your behalf. Our obligation and responsibility in line with your rights is to contact the company concerned and advise you of the outcome. This we have done.

I can fully understand your frustration in your belief that the account details are showing incorrectly on your report and consequently why you have disputed the data. This is why we have a processes in place when an individual queries the accuracy of an entry recorded on their credit report.

If information on a credit report is disputed we query this with the data provider as we have done in your case. The Information Commissioner is happy that by doing this we have taken reasonable steps to ensure the accuracy of the data. They have also confirmed that we do not need to ask the company for evidence that the data is correctly recorded.

Below is a quote from the letter that the Information Commissioner's Office sent to us confirming their viewpoint:

"By querying the data with the lender, I confirm that you have taken reasonable steps to ensure the accuracy of it. You are correct that you do not need to carry out a detailed or forensic examination of the basis under which the lender says that the information is accurate."

Although I appreciate your views as explained in your emails, I cannot remove the data when the companies have confirmed that it is correct and have asked us to continue to record the information.

If you require any further clarification you can contact:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Telephone: 01625 545745.
www.ico.org

I am able to inform you that having reviewed our records the original Barclaycard credit report entry for the account started 21/01/12 has been removed by the company concerned. It now no longer appears on your credit report.

I trust you will find this information useful.

Kind regards
-------------------------------------------------------------------------

Although that reply was expected, I'm still not satisfied with this. Can anyone advise what the best course of action is going forward? Is it worth complaining directly to Link Financial including a copy of the default notice from BC? Should I complain directly to the ICO including the default notice?

OR should I just proceed with unenforceability, requesting the CCA? And will this actually benefit me in the end? As my OP stated, all my other defaults fall off my credit file in approx 3 years and thats when I would like to move home and get a mortgage. Will unenforceability hinder me?

Many thanks for all the advice so far, really is appreciated.

Regards RonnyBoy

[Never-In-Doubt]

Re: Barclaycard Default not registered

Are you on a reduced plan? I missed that. If so then status 6 is correct as that's technically an AP albeit non contractual amount is normally being repaid (but not formally such as in a DMP).

Please explain fully what's going on so I can try and help here. If you're paying *something* then it's not defaulted to the CRA's so they'll leave it as status 6 or as AP if it's agreed (ie a DMP).

[RonnyBoy]

Re: Barclaycard Default not registered

Are you on a reduced plan? I missed that. If so then status 6 is correct as that's technically an AP albeit non contractual amount is normally being repaid (but not formally such as in a DMP).

Please explain fully what's going on so I can try and help here. If you're paying *something* then it's not defaulted to the CRA's so they'll leave it as status 6 or as AP if it's agreed (ie a DMP).

Hi,

I made my first payment to PayPlan in January 2011 which was distributed between 6 creditors (inc this BC).

The account history on my credit file for this BC, prior to me starting with Payplan was as follows...

MAR (1) APR (AR) MAY (AR) JUN (AR) JUL (AR) AUG (2) SEP (3) OCT (4) NOV (5) DEC (6)....

Of the 6 creditors there were 4 credit cards, 2 of which were actually with BC. The one above(with current late markers) and another one that virtually mirrors the above CRA history...... but this other BC was defaulted Feb 2011.

All 5 other creditors defaulted me.