Debt With Bipolar Condition Barclaycard will not issue Default on my account

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

They do have the right if it involves the conduct of firms under a regulated agreement. There is crossover where they can determine if they think a firm has acted unfairly.

The example of AAD is irrelevant, as you do not fall under the remit of the FOS.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

The example of AAD is irrelevant, as you do not fall under the remit of the FOS.

ergo neither do BG and the likes hence my point remains, always go to the OC, then the ICO then the FOS.

im just saying, we try and get folks to follow the right process. That's all

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

Saying that, it would be helpful to have an ICO decision to back up arguments to the FOS. I'm just saying that there is not the exclusivity you might think, as the FOS can make decision on what they think is fair for a regulated firm to do, even when it come to what they have done with your credit files.

With a complaint you would need as you say to juggle who you go to first based case by case.

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

ergo neither do BG and the likes hence my point remains, always go to the OC, then the ICO then the FOS.

We are taking about Barclaycard here, not BG.

Barclaycard certainly do fall under the remit of the FOS.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

Saying that, it would be helpful to have an ICO decision to back up arguments to the FOS. I'm just saying that there is not the exclusivity you might think, as the FOS can make decision on what they think is fair for a regulated firm to do, even when it come to what they have done with your credit files.

With a complaint you would need as you say to juggle who you go to first based case by case.

Oh I agree you can skip corners if you really wanted to but due to the complexity issues in this Case I still think jumping in with a FOS complaint right now could be a bad move. But let's see, hopefully they'll resolve things without too much hassle/fighting.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

We are taking about Barclaycard here, not BG.

Barclaycard certainly do fall under the remit of the FOS.

i know. But others will read this and skip parts and then see "go to the FOS" which isn't the proper way so I am highlighting what is the proper way.

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

In a few cases I recall, Barclays have rolled over with just the threat of the FOS and ICO, so you never know.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

In a few cases I recall, Barclays have rolled over with just the threat of the FOS and ICO, so you never know.

im trying to find the case where the ICO said the OC were in the wrong but the FOS overruled and then the ICO forced the OC to still comply, even though the FOS said to ignore.

It'd help if I remembered the case name and/or where I read it arghhhhh - that was a stonking fight between customer, bank, FOS and ICO.

any ideas mate?

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

If you can remember some key facts or words that might appear in the decision, then should be able to word search for it.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

HSBC / ICO / FOS / - but then it was an ICO decision not a FOS decision so you'd think it'd be easier to find, right?

Nope!!

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

That might complicate it then. I'll give it a go later.

[Riz]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

HSBC / ICO / FOS / - but then it was an ICO decision not a FOS decision so you'd think it'd be easier to find, right?

Nope!!

No. May be wrong but I think the ICO only routinely publish decisions of FOI complaints? Not normal ones? Hence unless it's on someone's blog, news site or forum, the it may not be anywhere public.

FOS unsurprisingly don't have any reference on their site.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

Sorry mate, should have specified, the user posted it either on LB / MSE or another type of forum - I really can't remember. But it was a user posting his letters from the FOS/ICO that showed the ICO won over the FOS. I knew I should have bookmarked it, I might have posted it on AAD - I'll try searching AAD later I guess.

[Wiggle61]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

Really interested in this.... I have ATP showing from NRAM personal loan and all my other accounts were defaulted four years ago so I asked them to apply a retrospective default. They refused, I called the ICO who were vague and told me to write to the FOS which I have done.

[Never-In-Doubt]

Re: Debt With Bipolar Condition Barclaycard will not issue Default on my account

Really interested in this.... I have ATP showing from NRAM personal loan and all my other accounts were defaulted four years ago so I asked them to apply a retrospective default. They refused, I called the ICO who were vague and told me to write to the FOS which I have done.

Its nothing to do with when the other accounts were defaulted.

It is based on a case by case basis, so quite simply pass the test yourself - ask yourself, did you stop all payments for at least 6 months and the lender added a default AFTER this date? If so then you have an argument. However I don't know who you spoke to at the ICO but as I'm arguing throughout, it is an ICO issue not a FOS issue unless you had another reason to complain about the business and/or they did something wrong that could affect you or put you in a worse position.

if for example you last paid a debt Jan 2012 then the lender should default you by the August really, anything after this can be disputed. Assuming the lender added a default 2 years later, in Jan 2014 then you'd have right to complain to the business first asking for removal and if they refuse you can then go to the FOS however if that is all that is wrong and you have other defaults they may not do much. It must be a material error that may have put you in a worse position so if you already had 20 other defaults then they might just say forget it, move on. If however this entry would be the only entry then you can rightly seek redress.

I still believe that using the ICO at the earliest opportunity is best as you only get one crack at the FOS and if they find against you then you're stuck. Go via the ICO and if they agree then the FOS will as the actual dept that deals with DPA issues has found in your favour, hence they have to as well.