the op says in post 21 they were paying till march 2014 £1PCM

so cant be SB'd?

I'm going to have to check through my bank statements to see I exactly when the token payments stopped. I might have made a mistake as I was still paying token payments to others at that time.

I don't think I still have the BC statements. The ones from the SAR definitely show zero balance and payments from 2007.

penalty charges were also shown on the statements until the statements just showed zero balances.

I will check and get back. I appreciate the help.

I've checked through my bank statements and

I was making token payments until Cabot bought the debt.

I do remember years ago that BC said that they weren't receiving the payments

which is probably why they are not shown on the statements that they sent me.

I also had a mastercard which I think at some stage they merged with the BC

So the payments may have been going to the mastercard account

.Before the sar statements showed Zero balances,

I apparently made payments for £7 a month for 3 months?

This makes no sense as it's when I remember writing to them

and starting the token payments.

Sorry but it's doing that spacing thing again

probably why they are not shown on the statements that they sent me.

Hello Doing

FYI I have been paying BC for some years a nominal sum, they have not sent statements to me, but an SAR produced statements with zero balances and zero payments, but my files with the CRA's show regular payments! Just some info for you. t

the op says in post 21 they were paying till march 2014 £1PCM

so cant be SB'd?

Thanks DX - I read post #23 in isolation !

Hello Doing

FYI I have been paying BC for some years a nominal sum, they have not sent statements to me, but an SAR produced statements with zero balances and zero payments, but my files with the CRA's show regular payments! Just some info for you. t

thanks. Just checked my CRA and it shows the token payments but every 2 months not the regular monthly, so not S/B.Can I still complain about BC not defaulting in a timely manner?

Hi DMB,

Make a complaint as per my post #24.

Hi DMB,

 

Make a complaint as per my post #24.

 

Hi guys. I've drafted a letter of complaint to BC and Cabot. Would you mind casting an eye over it to see if I should amend it please:

Dear Sir/Madam

I wish to make a formal complaint about your conduct in recording a default on my file with the credit reference agencies. You did not follow the principles that you as part of the credit industry has established with the Information Commissioners office (ICO), in particular principle 4 which advises the customer that; If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to show that the relationship has broken down.

It further explains that; As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears.

In my case, my last payment to you was in July 2007 so by your own guidelines a default should have been registered by January 2008. However you registered the default in March 2014 when you sold the debt to Cabot.

Registering the default at this late stage has caused further harm to my financial standing not to mention the harassment from the debt collection agency from their repeated calls and letters.

The ICO guidance is clear that; A record lodged with a CRA must be a reliable reflection of an individual’s credit standing. The Data Protection Act 1998 is likely to have been breached where, for example, inaccurate, out of date or excessive personal data is being used to assess your credit-worthiness.

While you are within your rights to sell on the debt the ICO guidance stipulates that; The lender must have notified you of their intention to register a default against you at least 28 days before doing so, in order to give you time to make an acceptable payment or reach an agreement with them on an arrangement. – You did not do this.

In summary my complaint is as follows:

1. The default date showing on CRA files is incorrect due to Barclaycard's failure to issue a Default Notice in a timely manner and in accordance with ICO guidelines and principles.

2. This may have caused me damage for which I can seek compensation.

3. I would like you to amend the default date within 14 days or I will complain to the ICO and take action seeking compensation.

Hi DMB,

Looks fine so fire it off but keep proof of posting from the PO.

Great. Thanks for looking and advice.

Complained as advised by email last night. I was cheeky and emailed the executives office.

Got a call from a really nice and friendly lady who could not have been more helpful.

She is going to have the default removed and send a cheque as a good will gesture.

I couldn't ask for more.

She did say that she found notes that said that they should have defaulted in 2006:???:

I'm happy with the result anyways.

Thanks all for your advice and I will make a donation to the site.

hey great result!!

dx

hey great result!!

 

 

dx

init? lot's of thanks to you an slick.

Hi DMB,

Wow, sounds like a great result.

Please let us know when you have this in writing and/or it's sorted.

Your Site Donation will help us be here to help others, thanks.

Letter and Cheque recieived from B/C today.Donation made.Again many thanks. Slowly working through all the debts and clearing things up.

Hi DMB and thanks for the update.

Thread title amended to reflect your win.