Moonmonkey's Diary

[Moonmonkey]

Hi Roger,

I am watching this post for some time as I am in the exact situation like Moonmonkey. Just to share my own experience about Barclays late default. I had two Barclaycards credit cards opened in 2007 and 2008. In 2010, I went into financail difficulties and stoped paying. Barclays closed my both accounts and I agreed some reduced paymenst with Barclays. Barclays sent me default notice within first year but they never put defaults on my credit file and they kept reporting late payments to credit ref agencies. In 2013, Link purchased both accounts and they replaced barclays accounts on my credit file with Link with late payments. In 2016, I realised this mistake and asked Link to default my accounts but they refused, then I submitted my complaint to barclays and barclays upheld my compalint and told Link to default both accounts backdated to 2013. I am good at keeping records and have all paper work and letters from Barclays and Link to prove this including old credit reports from Experian and Noddle.

I sent CCA requests to Link in mid feb and so far just received standard letter and nothing else and now also sent SAR to Barclays as well.

Hi, yes seems Barclays do this a lot - if you haven't already why don't you set up a diary - that way the experts can guide you through step by step. You can take their advice or not - its up to you.

[johnbruce]

Good Will!!!
This is an agreement under CCA legislation!! So the question is under that CCA how could they retrospectively default back 3 years?
Doesn't this ring alarm bells?

But instead of starting a ping pong at the phone or by letter what You need to do is establish the facts!
There are clues I might add sic continuing the charge of Interest on a closed account springs to mind.
But LINK are the current owners so what 'turd' have they purchased?

You really need to know the background to all of this hence SAR.
I had to send two SAR's because Barclaycard took a literal and hence minimum response to my first SAR!!
This will also give insight into LINK's current dealings with them!

It has been said on this site STAY One step ahead!!

Hi Roger,

I am watching this post for some time as I am in the exact situation like Moonmonkey. Just to share my own experience about Barclays late default. I had two Barclaycards credit cards opened in 2007 and 2008. In 2010, I went into financail difficulties and stoped paying. Barclays closed my both accounts and I agreed some reduced paymenst with Barclays. Barclays sent me default notice within first year but they never put defaults on my credit file and they kept reporting late payments to credit ref agencies. In 2013, Link purchased both accounts and they replaced barclays accounts on my credit file with Link with late payments. In 2016, I realised this mistake and asked Link to default my accounts but they refused, then I submitted my complaint to barclays and barclays upheld my compalint and told Link to default both accounts backdated to 2013. I am good at keeping records and have all paper work and letters from Barclays and Link to prove this including old credit reports from Experian and Noddle.

I sent CCA requests to Link in mid feb and so far just received standard letter and nothing else and now also sent SAR to Barclays as well.

[Timewilltell]

Unfortunately, that named person is unable to work for us, we try to work our own type of magic

Not sure I agree with that, who’s the first person most call out to in a crisis? I guess MM answered that!

[nightwatch]

JESUS - thanks

Unfortunately, that named person is unable to work for us, we try to work our own type of magic

[Moonmonkey]

The information after GDPR is free (used to be £10)

This is my second letter

Sent to:

The Data Protection Officer
Barclays Bank UK PLC
General Data Protection Regulation Team
Leicester
LE87 2BB

Dear Sirs,
Reference: ############

For the sake of clarity the complete information I require is as follows
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including transaction log and a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.
If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
This request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours Faithfully

###############

JESUS - thanks

[Roger]

The information after GDPR is free (used to be £10)

This is my second letter

Sent to:

The Data Protection Officer
Barclays Bank UK PLC
General Data Protection Regulation Team
Leicester
LE87 2BB

Dear Sirs,
Reference: ############

For the sake of clarity the complete information I require is as follows
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including transaction log and a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.
If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
This request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours Faithfully

###############

[Moonmonkey]

Good Will!!!
This is an agreement under CCA legislation!! So the question is under that CCA how could they retrospectively default back 3 years?
Doesn't this ring alarm bells?

But instead of starting a ping pong at the phone or by letter what You need to do is establish the facts!
There are clues I might add sic continuing the charge of Interest on a closed account springs to mind.
But LINK are the current owners so what 'turd' have they purchased?

You really need to know the background to all of this hence SAR.
I had to send two SAR's because Barclaycard took a literal and hence minimum response to my first SAR!!
This will also give insight into LINK's current dealings with them!

It has been said on this site STAY One step ahead!!

Hi Roger is there a template i can use to request the SAR?

[Roger]

Hi Roger, Not the CRA's i complained to Barclaycard. if they sent one probably would have been for the original default date (i think 2016 maybe 2014) and not for the March 2013 default as they just changed that literally over the phone as a gesture of goodwill. So I will ask for a SAR from Barclays ?

Good Will!!!
This is an agreement under CCA legislation!! So the question is under that CCA how could they retrospectively default back 3 years?
Doesn't this ring alarm bells?

But instead of starting a ping pong at the phone or by letter what You need to do is establish the facts!
There are clues I might add sic continuing the charge of Interest on a closed account springs to mind.
But LINK are the current owners so what 'turd' have they purchased?

You really need to know the background to all of this hence SAR.
I had to send two SAR's because Barclaycard took a literal and hence minimum response to my first SAR!!
This will also give insight into LINK's current dealings with them!

It has been said on this site STAY One step ahead!!

[Moonmonkey]

It is a very simplistic approach to only think that the CCA S.77/78 is the only determinant for UE.

I surmise that you are talking about the CRA's Is this the Case?

Before defaulting you did Barclaycard send you a statutary Default Notice in 2013? or was this in 2016?

You really need to get your paperwork together and this is where the SAR's become very important.

Hi Roger, Not the CRA's i complained to Barclaycard. if they sent one probably would have been for the original default date (i think 2016 maybe 2014) and not for the March 2013 default as they just changed that literally over the phone as a gesture of goodwill. So I will ask for a SAR from Barclays ?

[Roger]

Hi roger - defaulted March 2013 - I had to complain to get them to do this - as the original default date was put on 2016. I also complained to barclaycard because they charged me 800 in interest after March 2013 - this was not upheld as they said they were allowed to charge interest and the default was a gesture of goodwill. Mmmmm I might re open than can

It is a very simplistic approach to only think that the CCA S.77/78 is the only determinant for UE.

I surmise that you are talking about the CRA's Is this the Case?

Before defaulting you did Barclaycard send you a statutary Default Notice in 2013? or was this in 2016?

You really need to get your paperwork together and this is where the SAR's become very important.

[Moonmonkey]

And haven’t seen mercer

[Moonmonkey]

Hi roger - defaulted March 2013 - I had to complain to get them to do this - as the original default date was put on 2016. I also complained to barclaycard because they charged me 800 in interest after March 2013 - this was not upheld as they said they were allowed to charge interest and the default was a gesture of goodwill. Mmmmm I might re open than can

[Roger]

UPDATE ABOVE

So from everyone's experience, does this mean they have looked for it but don't have it? What are the chances of them finding it?

I have replied to an entry of yours elsewhere that refers to this Barclaycard / Link debt
Background and detail here are really important with Barclaycard.
1/ Send a SAR to Payplan to find out what correspondence they may or may not have had on this Debt
2/ A SAR to Barclaycard will be necessary at some point BUT wait until Link come back with a CCA
3/ You say the CRA fell off in March 2019 meaning that the Default was 2010 or earlier? Does the name Mercer appear in any Barclaycard correspondence?
4/ Link may well have assignment issues!

[Moonmonkey]

In other news - 999 on Experian !! Haven't seen that for about 8 years.

[Moonmonkey]

Yeah I’ve stopped payments - and building up a war chest !! Although I don’t want to go to war