Termination Notice V Default Notice

[Funkygibbon]

I received all the information that Barclays had on me via an SAR.

Within this information was 2 Termination Notices. One in 2005 and one on 23/02/2007.
I couldn't find a default notice at all. Although I have a default against me with the date of 23/02/2007.

Reading through your helpful guides is says that I should have got a default notice before the termination notice.

Does anyone know where I stand with this?

Thanks in advance!

[Never-In-Doubt]

Re: Termination Notice V Default Notice

Hiya - what exactly are you doing and why? are you in severe debt or just arguing this solitary default? It all depends on what you're doing, on what advice we can give...

[Funkygibbon]

Re: Termination Notice V Default Notice

I'm trying to get the default removed. I have paid the debt, (which came from bank charges but that's another story!) and I have a another default falling off in May next year. I am hoping to remove the default so I can get a mortgage in May 2011. Apart from these two defaults (both paid) my credit file is fine.

[Never-In-Doubt]

Re: Termination Notice V Default Notice

Hiya

Ok send this and see what they come back with: viewtopic.php?p=128#p128

[Funkygibbon]

Re: Termination Notice V Default Notice

Thanks for that. I can send that, but I have sent it maybe 3 times now. They responded with cannot find loan account when it's clearly a bank account which is why I sent an SAR!

[Never-In-Doubt]

Re: Termination Notice V Default Notice

Thanks for that. I can send that, but I have sent it maybe 3 times now. They responded with cannot find loan account when it's clearly a bank account which is why I sent an SAR!

Hiya

Ok well then time to go to the ICO then - see here: http://www.ico.gov.uk/complaints/data_protection.aspx

[Funkygibbon]

Re: Termination Notice V Default Notice

Right ok. Thanks very much for that. I'll fill it in and send it off.
Thanks once again!

[Never-In-Doubt]

Re: Termination Notice V Default Notice

your argument will be:

1. Failure to comply with s.87(1) of CCA - regards default notice issuance
2. Failure to comply with s.88 of CCA
3. Failure to comply with s.7 DPA (i.e. no reply to SAR)
4. Failure to comply with proper s.10 DPA guidelines regards to processing of personal data

That should sort things - after you lodge the complaint, you simultaneously send a copy of the ICO complaint along with the following template, to the CRA's that show the default: ---> viewtopic.php?p=132#p132

Best of Luck

[Funkygibbon]

Re: Termination Notice V Default Notice

I was just wondering how long this usually takes as I have sent off all the information and I have only heard back from the credit agencies. Experian and Equifax say that Barclays have said that the information is correct and to leave it on your file. And Callcredit have said that I need to pay £2 for report first!

I haven't heard anything from the ICO

[Never-In-Doubt]

Re: Termination Notice V Default Notice

ring the ICO and ask for an update.... http://www.ico.gov.uk/complaints/data_protection.aspx

You can call our helpline on 0303 123 1113 for advice to help you to solve the problem.

[Funkygibbon]

Re: Termination Notice V Default Notice

Yeah never thought of doing the sensible/most straight forward idea of actually ringing them up!!!
Thanks for that. They have got my complaint but it hasn't been looked at yet. It's in a queue!
Thanks again!

[Never-In-Doubt]

Re: Termination Notice V Default Notice

Lol. Thanks for update. Keep on at them......

[Funkygibbon]

Re: Termination Notice V Default Notice

I have finally had a response back from the ICO. They say the following.

You have complained that Barclays Bank plc has not responded to your request for a copy of your credit agreement under and section 78 of the Consumer Credit Act (CCA).

It may be helpful to explain that the Information Commissioner regulates and enforces the Data Protection Act 1998, amongst other legislation, but we have no involvement in regulating these section(s) of the CCA. The CCA is regulated by the Office of Fair Trading. As such, your complaint is not one that we can look into.

Any advice on what I can do next please?

[caspar]

Re: Termination Notice V Default Notice

You have a problem, because you'll find the OFT will not look into individual cases. Give me a couple of hours to think over this one - maybe somebody else will come up with another way forward first.

[oscar]

Re: Termination Notice V Default Notice

I copied in both the OFT and the FSA with regards to my dispute with Barclays and got the responses above that casper has pointed out.