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  • Sharkleycard

    Niddy and friends. Hope you can advise on this one. I need to get a handle on my expectations for a Barclaycard complaint.

    In 2006 entered a CCCS DMP.
    Came off CCCS DMP in '08 and an informal AP with BC. In 2009 BC 'lost' my address and started writing to an old address and no statements sent, no letters etc. I had a bounced DD and missed some payments to BC and they cancelled AP. it was set up again in 2010 but they failed to collect under the fresh DD (their error)n and, because they were writing to the wrong address, I was eventually contacted by their DCA's Mercers. I paid them the arrears and started paying normal monthly repayments from that point to this. Have just paid them a lump sum and cleared the account.

    Ok, I went to the FOS last year because of the Mercers involvement and because BC had plastered me credit files with half a dozen 'late' markers. they were itching to default me but couldn't.

    FOS adjudicated fully in my favour; told them to move the late markers and pay me compensation for distresss. It was a Full adjudication as well, proper pucker 8 page dossier slamming BC.

    It turns out, now that I've paid the account balance, that BC had "closed" my account in 2010 when mercers got involved. No one had written to me telling me it was closed, no default, no formal communication whatsoever. zippo. cred files showing account as active and in good order.

    But it was closed and to use BC terminology "blocked."

    BC will now presumably mark it as "satisfied" (?) and then freeze dry all the AP markers on the cred file for 6 years.

    My reward for never missing a payment until they screwed up in correspomdence to me and in not processing a DD instruction.

    Is there anything I can do about this? Can the bank be compelled by the FOS to recall the account? can there action be deemed unfair? is there any recourse open to me?
    Last edited by The Debt Star; 13 May 2011, 19:02.

  • #2
    Re: Sharkleycard

    I don't see what you want/are asking - if the fos have found in your favour then they'll instruct barclays to pay compo and remove derogatory status. So what are you asking, sorry if I mis-read....
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Sharkleycard

      i am concerned that the bank closing the account will freeze the AP markers on my credit files for 6 years from the point of closure

      if the account remains open then i have a chance to score off the AP markers over next few years. I don't want credit and don't 'want' the account, but I do want to have those AP markers timed out eventually and not stay on there for 6 years

      I have looked thru my papers and the bank sent a DN from Merciless Debt Collection Ltd in June '10 demanding £X quid by X date or else and they got their money in plenty time, so no Default.

      if the bank were wrong to close the account without defaulting it (at that time it had a large debit balance as well) then can they be forced to re-open it?

      the problem is that its a credit card account, so they don't have to lend me 'owt if they don't want to. But do they still have to follow rukes and regs about how and when they close an account? this is what I don't know and would like to know.
      Last edited by The Debt Star; 14 May 2011, 11:36.

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      • #4
        Re: Sharkleycard

        Originally posted by The Debt Star View Post
        i am concerned that the bank closing the account will freeze the AP markers on my credit files for 6 years from the point of closure
        But you said that the FOS had told them to remove the late payment markers, so they should also remove these - no?

        Originally posted by The Debt Star View Post
        if the account remains open then i have a chance to score off the AP markers over next few years. I don't want credit and don't 'want' the account, but I do want to have those AP markers timed out eventually and not stay on there for 6 years
        they won't matter after 3 years anyway so I don't see what the problem is......

        Originally posted by The Debt Star View Post
        I have looked thru my papers and the bank sent a DN from Merciless Debt Collection Ltd in June '10 demanding £X quid by X date or else and they got their money in plenty time, so no Default.
        was this an actual default notice under s.87 CCA1974 or a notice of intended default? Big difference.....

        If the first, then there should be a default, nothing else. If the latter then they can add markers, ie the account would have been live.....

        Originally posted by The Debt Star View Post
        if the bank were wrong to close the account without defaulting it (at that time it had a large debit balance as well) then can they be forced to re-open it?
        This is a contentious issue whereby if they never followed account closure rules then you may have a fight, however this is something i'd be re-referring to the FOS.

        Originally posted by The Debt Star View Post
        the problem is that its a credit card account, so they don't have to lend me 'owt if they don't want to. But do they still have to follow rukes and regs about how and when they close an account? this is what I don't know and would like to know.
        No they will not reopen it and have no legal rights to, as they can remove an account whenever they see fit.....

        In summary, you ought to go back to the FOS with your concerns - I would...
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Sharkleycard

          The bank were forced to remove the late payment markers but the older AP markers are on the file.

          I believe that if nthe account is now marked "satisfied" then the AP amrkers will be visible for a further 6 years.

          The letter from mercers was a default notice I think and it gave me 14 days to shell up or else.

          I have emailed the FOS guy who dealt with this b4 but aint heard 'owt yet. but, is there any point if the bank can close an account whenever they like, even if it wasn't deafulted?

          Comment


          • #6
            Re: Sharkleycard

            I see what you're saying but remember one thing, yes they close an account when they want but they CANNOT demand anything other than the agreement. So for instance if they said right Mr Star, we no longer want your business with a bank account & overdraft - they can demand full repayment usually within 30 days or default you in line with the agreement you signed for the "repayable on demand" facility.

            Ok, scenario two - assume you had a credit card with a 10% apr - so long as you repay the agreed amount (ie 3%) on time each month, in line with their cca for " revolving credit" then they'd not default you or mark you as late. You'd go onto a repayment account earning the green [0]'s....

            Similarly for a loan, meet the contractual obligations and they CANNOT demand FULL repayment.

            Now, hopefully that's clear let's get back to your point. If your account is showing as settled on the credit file then the data that currently shows will stay there for 6 years, it's frozen if you like. This means as no new data is pushing older entries off, it'll update to show the full previous 6 years history so regardless of today's date if an account was defaulted in march 2006 the history from march 2000 to march 2006 would appear, with the default being the "end stamp" as such.

            So, in your case your credit file will show 6 years upto the default date. Anything after the default date should be blank boxes as you cannot add anything other than a yellow [S] (settled).

            In essence if you can screen print that entry an remove personal data and email it me, I can be more specific and give you better advice

            Hope the above helps!
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: Sharkleycard

              To elaborate, obviously you have 6 years from the default date so although data would show from march 2000 to march 2006 (default date); the default would remain for 6 years before everything gets removed.

              Even if you settled the account; the same applies as nothing can supersede a default notice other than a settled flag. If they ccj you, the default becomes settled (did you know that?)!

              So, if you remember I explained before that lenders search whatever they ask before a previous address is needed (ie if less than 3 years, please provide your previous address) then using the above example, by 2009 (ie 3yrs into the default) the applicant would obtain most mainstream credit as the lender only looks at the last 2/3 years UNLESS you have anything bad added in the last 3 years, they would then do a full 6 year search - usually your application would be referred for this to occur.

              Make sense?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Sharkleycard

                Ok, sounds fait accompli then and no point going to the FOS about the account closure last year. I thought they had to follow certain formalities for that, like telling you they were closing the account etc. Odd the bank still send me statements and haven't recorded the account as settled from 12+ months ago. All appears current and live on the surface but they tell me different on the 'phone.

                Comment


                • #9
                  Re: Sharkleycard

                  Originally posted by The Debt Star View Post
                  Ok, sounds fait accompli then and no point going to the FOS about the account closure last year. I thought they had to follow certain formalities for that, like telling you they were closing the account etc. Odd the bank still send me statements and haven't recorded the account as settled from 12+ months ago. All appears current and live on the surface but they tell me different on the 'phone.
                  Hmm, i'd not worry about it too much then and just see what happens, so long as the data stays the same and doesn't change, that's the main thing here.....

                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Sharkleycard

                    ok. thanks for your input, as always, gratefully appreciated.

                    DS

                    Comment


                    • #11
                      Re: Sharkleycard

                      Update: Barclaycard have reactivated the account, provided me with £9K credit and paid compensation of £650.

                      Perseverance is the key factor folks. Keep at 'em.

                      I threatened the bank with the FOS but at the same time kept asking for PROOF of the account closure which was not forthcoming.

                      I eventually got tired of the Director's Office bod and emailed CEO David Chan direct. He, of course, just copied it on to the Director's Office and I heard back from the same bod who was handling my complaint, however, he was suddenly much more conciliatory.

                      The upshot is that the bank could find no evidence of the correct termination letetrs being sent to me (probably because they never had been). So they re-instated everything., despite me owing Barclays thousands in personal loans.

                      Also, they wiped out all the AP data on my cred files.

                      Am happy chappy.

                      No, I won't be running up the credit but you know what, just getting that card in the post was brilliant. And chopping it up even more so.

                      Comment


                      • #12
                        Re: Sharkleycard

                        I'd have spent it lol. Have you signed an agreement for that card/account?

                        pmsl

                        Joke! Well done

                        Extra claps cos I know u love em
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Sharkleycard

                          Yeah, aside from fighting Jedi I 'm also hunting down Barclaycard.

                          Barclays/Barclaycard, how I hate you.

                          My best revenge on Barclays? Not spend a penny of their credit but keep the account open.

                          Well, I have brought my global debts down £9K over the past 12 months with the help of these forums.

                          Comment


                          • #14
                            Re: Sharkleycard

                            Why not demand 0% from the new card and then use it to add the £9k of debts to - sorted mate
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #15
                              Re: Sharkleycard

                              TDS,

                              Great result m8 well done!!!!!!!!!!!!!

                              Regards

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