Hi Slick

I attach the letter that I received from BC. Sorry I seemed to have duplicated it.

I also drafted the following letter to BC as per below:

Thank you for your letter dated xxxxxxxxxxxx

I am very disappointed to see that the level of customer care standards have dropped down so much that you have resorted to sending standard letters without due care or holding a proper investigation to my complaint.

Third paragraph of your letter indicated that you were not aware of my new address.

However, I have been receiving letters,

and in fact have received the same standard letter from Barclaycard.

I also gave my new address over the phone.

Furthermore,

I have taken the necessary ID to the nearest branch to confirm my new address,

and with my SAR request I have sent the proof of ID and new address.

If this is the level of standard you provide,

then I am not surprised the level of incompetency within your organisation resulting in placing wrong information on customers’ credit files.

As I said before I do not owe any money to Barclaycard.

I only had the ‘INITIAL’ Barclaycard which was paid off in 2015.

I have made regular payments and have paid off the card few times.

You have sent a statement for the above card without data which indicates that you do not actually have any proof that I hold this card.

I therefore, request you to take necessary steps to remove the Default Note and the incorrect details from my credit file.

I hereby give you 14 days to take action, and failure to do so will result in making a complaint to the Financial Ombudsman and legal action against Barclaycard.

CB

I am still waiting for the BC to reply to my letter, will be two weeks next week.

If I do not hear from them do I write to fos or ICO or both?

I want them to remove the wrong details from my file,

Any advice would be much appreciated.

thanks CB

if you've not given them 14 days notice before complaining to the ICO

you need too.

I am still waiting to hear from Barclaycard.

However, I checked the CRA file and it has disappeared.

So they may have now removed the DN.

I will check with Experience as well.

Not sure how reliable Noddle is as they had wrong information on their records which had to be corrected.

The cra's display the information provided to them from the banks et al

I would like Barclaycard to send me in writing to say that they had got the wrong details but now have removed from CRA files.

I wonder if they would do this.

May be I will send them a letter asking them to confirm if they had removed the wrong details.

what date was the default?

dx

This has taken months.

Finally BC agreed to delete the DN,

however, at the same time has sent a letter to say that they have passed the information onto Hoist.

I am confused.

Have spoken to them to find out why this has taken so long.

I was told that they sent a letter and a cheque for £107 as compensation which I never received.

Yet, at the same time passed the info to DCA.

Is this normal or legal?

Why pay the compensation if they did not think it was wrong to put the DN on my CR file?

I had a battle with CR agencies telling them the DN should not be there.

Some months it was on then off the CR files and then on again.

Not sure who is responsible for this.

I have spoken to BC today and they are looking into it.

Has anyone had this experience with BC?

Any advice greatly appreciated.

they've no doubt sold the account to the robbers hoist

so have you got the money yet?

Hi DX - thanks for the response.

No I have not received the letter and the cheque that they claimed sent in April.

I wonder if they sent to the old address.

I spoke to BC today and the person I spoke to said that there will be a new investigation to the account and therefore will let Hoist/Robinson not to proceed with anything.

I told her that whilst there is a dispute they cannot allow a DCA to deal with the account.

She is looking into this now and that means another 2 months will be gone.

The account will be SB'd in Nov.

I am wondering if the DCA trying to get in quickly before it becomes SB'd.

So now waiting to hear from them again.

My concern is if they sent a letter and paying me compensation why sell it to a DCA.

I told her that if I don't hear from them soon I will be writing to ICO.

Can I still write to ICO or do I need to wait until the new investigation is over?

well if they say they did this is april is it now def gone

if it has you've nowt to complaint about to the ICO

Hi CB,

You should not be talking to BC or anyone else. Keeps all comms in writing by letter or email so you have proof of what's said.

Finally BC agreed to delete the DN

Are you sure BC and/or the DCA's have your current address - proved by them writing to you ?

Thanks Slick.

I was chasing them yesterday as I did not hear for months.

I was told that BC sent a letter with a cheque for £107 as compensation and will be deleting the DN from the CR file.

I don't know if anyone at BC got things confused.

I did have a card and it was paid off in 2015.

I asked the person I spoke to send me the letter again,

and she said she will send it and that she will also start a new investigation.

It seems that BC's internal system in chaos.

The account that I was querying was totally different

and I have sent many letters with my new address asking them to delete the DN from the CR file.

there was no reason to send to my previous address.

More importantly, whilst the dispute was going on they have instructed a DCA.

This account does not exist so it should not even be in the CR file.

how can they got a DCA involved?

Give them 7 days to send you the copy letter - after that, fire a written complaint to BC HQ.

Trust nothing you are told by phone unless you're recording it.

I have now received confirmation from Equifax and Credit Call/Noddle that they have removed the DN from my Credit Files. Hopefully this will be the end of it.

Have you received what you need from BC as well ?

Great that the CRA's have complied !

Hello Slick - thank you for your help.

I am now confused

I had another letter, and a cheque for £200 more than previously sent

and at the same letter says the debt has been sold to Hoist.

Do people in BC know what they are doing?

I am going to send a letter tomorrow asking what date they sold the account as I have had no letters or calls from Hoist, and no Notice of Assignment or anything.

Not sure why they are paying compensation and selling to a DCA.

Can I make a complaint to FCA?

Can BC sell an account whilst there is a dispute going on?

I hope Hoist is not using my old address to get a 'backdoor' CCJ.

BC has my new address so there is no reason not to give Hoist the old address.

What is surprising is that they say apologise in one letter and send me a cheque and in another letter with a larger amount and telling me Hoist are dealing my case.

They should be ashamed as it seems because BC cannot resolve the issue they have given it to a DCA to sort out.

Surely a big company like BC should be able to resolve the matters between the customer and themselves first.

It also seems that they cannot be bothered hence selling to a DCA.

Hi CB,

It may be worth waiting maybe 7 days or so to see if you get anything more by post that makes more sense of events.

In the meantime, monitor your CRA files as it may take a while for the adverse data to be removed.

Hi Slick

Noddle says it will be removed next month. Equifax has removed it. I may check Experian as well.

Can the BC pay compensation for the inconvenience and at the same time say they have sold the account.

They told me that because they do not have agreements they cannot enforce a CCJ or anything but they have sold to Hoist.

I don't understand how that can be?

Will let you know if I hear more.

Thanks CB

nothing to stop any creditor selling a lemon debt on to a debt buyer

that's what they deal with

buying debts in bulk on a spreadsheets for pennies to the pound

and sending out phishing letters to try and fleece people that think they are bailiffs into coughing up.

when they have no legal powers whatsoever.

biggest banking sector there is

800'000 claimforms are issued every years

85% go undefended

easy money for a very small outlay.

dx

Watch out for Hoist re registering the Default.

Hoist will no doubt write to you with a notice of assignment stating that now they are the legal owners. Hoist use Robinson Way as their collection agents.

As soon as you get any letter from Hoist/Robbers way, send a s78 CCA request ( which you already know they cant comply with via BC) and ignore anything else until you actually receive an agreement.

Unless of course they are dumb enough to issue a claimform.

Hello Martin

Many thanks for your response.

I have drafted a letter to BC today, and would appreciate if you could please have a look and advice if it is ok to send.

Thanks again - CB

Thank you for your letter dated xxxxxxxxxxxxxxxxx

Thank you also for sending me the cheque £xxxxxx (as compensation for distress) which I received with the letter.

Whilst I appreciate that you have made an effort to resolve the issue, I am disappointed also that there was no resolution at the end of the investigation.

Under the heading ‘Our Investigation’ Paragraph three says that you have provided the information. However, the points raised in all my letters were that Barclaycard has not provided all the information I needed to know that it is my account. You also mentioned that Barclaycard has sold that account to a third party.

Firstly, all my letters requesting Barclaycard to provide a Prescribed Terms and Conditions along with the Credit Agreement (through SAR and CCA requests) failed. You have admitted that you cannot enforce the debt because of lack of documentation. If the Creditor unable to fulfil SAR/CCA requests and provide the vital documentation which shows the debtor came to an agreement with the creditor, then surely the obligation of transferring debt to a third party is prohibited because there was no agreement in the first place. If there was no agreement then you cannot assume the debt still exists and pass onto a third party which is an unlawful act.

Secondly, you passed my personal information to a third party which contravened Data Protection Act. You have no evidence to suggest that the debt still exists, and therefore you cannot conveniently pass it onto a third party because you know that you will never be able to enforce this debt.

Thirdly, if you had sold the alleged account then you have not followed the process properly. To date, I have not received a Notice of Assignment or any information on Hoist Portfolio except to mention in your letter to say that I need to contact them directly. This is not the process that one would expect from a large establishment such as Barclaycard.

I will be forwarding all the correspondence to Financial Ombudsman Services, FCA and ICO for their review and information.

load of ole twaddle CB

totally pointless

Hi D

is it not worth writing to FOS?

BC said it is their final response hence the reason for sending this letter to BC and then to fos.

Although they said they have passed my details to Hoist I have not heard from them.

Perhaps it is too early, and may be they are trying to find the best approach

- through the 'back door' using my old address.

I am checking the CR file regularly to see if changes.

Thanks

what are you going on about?

BC know your correct address so if they've sold it do the fleecers

they've done nothing wrong by selling 'a' debt on.

I'm just lost as to why you need to write or complain to anyone?

nor keep checking your file