I can't find a good explanation of Unlawful Rescission. Please can you advise?

So no more options?

I'm assuming the account has been terminated also. What is Unlawful Rescission? I found out about post strikes but none on the dates in question (My partner's dad is a postman, so he checked it out for me). It's still one day out though isn't it? I'm not still paying anything towards the account and haven't for about a year, as i'd thought that if they didn't supply a signed CCA, i could withold payment. In hindsight, i wish i'd kept paying as i would've had no default against me now. It literally has stopped us buying a house!

How will i know if the account is terminated? I've checked my credit report and it shows: Current balance:£1,521Default balance:£1,477

I was no longer a student. They didn't want to accept my offer of repayment of what I could afford so made me take out the loan over 9 years. Surgery went well thanks. I had a slipped disc so they removed it!

I'm pretty sure there's no charges on this account. I don't know why they demanded payment, i told them what i could afford and it must have been unacceptable to them. This made the debt last 9 years and cost me over £1600 in interest alone!!! Been away for a while as had a slipped disc and surgery, but back to it now and want to get sorted....

Any suggestions on what to write and where? Been away for a while as i've not been very well and had to have surgery. Back to it now though and want to get this sorted.

The default is what concerns me the most. Do you think i would be successful in court, considering that they are likely to be able to provide all of the paperwork relating to it? I'm happy to go to court if it results in the removal of the default. How likely do you think it is for me to get it removed at this stage?

Is it worth doing? Could it lead to getting the default removed

Is it with doing? Could it lead to getting the default removed?

Which documentation should i request? They supplied a copy of the default in their last letter to me. Do i have a case with the FOS do you think?

Bump. Any suggestions anyone?

I have received NO arrears notices from Barclays, nor a letter regarding the change over of the account number or sortcode. What's my next step?

It was a current account. They forced me to take out a loan when i was unable to clear my student overdraft instantly.

Here's the default notice: I'll check about the 14 arrears notices, but i'm pretty sure i don't have all of them. I'll also check about the letter changing the account number, as i'm pretty sure i don't have that too....

I sent them a letter in September stating the following: "Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this." I'm sure i read somewhere that if your account is in dispute, they cannot add a default to your file. Does that sound right?

Can this be a way out maybe?

Well, the original account had absolutely LOADS of charges on it! They then pretty much forced me to take out a loan, which was called a resolve loan. Massive amount of interest and payable over NINE YEARS!! Does that help? When you say penalty charges, do you mean charges that were added on for non payment before the default was issued? Also, i sent them a letter in September stating that my account was in legal dispute. I'm sure i read somewhere that if your account is in dispute, they cannot add a default to your file. Does that sound right? Is this the end of my dream of buying a house?

I've received the following letter today and to be honest, i'm feeling pretty defeated now! Any suggestions on what I can do next, or is it all over??? ----------------------------------------------------------------------- Dear Championless I’m sorry you needed to contact us again regarding your complaint about a default logged on your credit file by Barclays. You also query the validity of your loan due to the account details being amended when it was transferred onto our purpose built system. Two separate letters have been issued to you requesting thatyou contact us to discuss your concerns; however we have received no response. I have completed my further investigation of this matter and have laid out our final response below. I refer to our letter of 1 June whereby the default was logged on your credit file due to the resolve loan going into arrears. As agreed, in February 2010, when the default was logged, we did adhere to the Banking Code whereby we allow customers 28 days notice to we plan to give information to CRAs. Please find enclosed a copy of the default issued to you on 10 December 2009 whereby it states ‘Not earlier that 28 days after the date of this letter, the bank intends to register details of the default on your account with CRAs’. I refer to our letter on 26 June, whereby you were issued with a statement showing your outstanding loan balance being transferred to the new account number. A letter was issued to you in August 2008 to advise of the internal change and your new loan details. This was not a new loan and only a continuation of your existing loan, therefore you were not required to sign a new agreement. You did sign for the loan when it was opened and 7 statements have been issued to you since the loan was transferred to our new system, along with 14 arrears notices all stating the new account details. As you have defaulted on your loan and the information passed to the CRAs is correct and factual, along with the necessary notices being issued to you timely, on this occasion, we have not upheld your complaint. I hope this explanation is helpful and has answered all of your concerns, although I appreciate that it may not be the outcome you wanted. In line with our previous letters, if you are still unhappy with this outcome, you may now ask the FOS to review your complaint. I have enclosed a copy of their leaflet, which includes details of how to contact them. Please note, you have six months from the date of this letter to refer your complaint to the FOS for investigation. Our complaints procedure has now been exhausted and you may consider this letter to be our final response. Please be aware we will not enter into further correspondence on this matter. However, if you choose to contact the FOS, we will cooperate fully with their investigation. Once again, we are sorry for the problems you have experienced, thank you for letting us know. We take all complaints seriously and value your feedback to help us identify where we can improve in the future. Yours sincerely Stupid Barclays Person -----------------------------------------------------------------------

I've received the following letter today and to be honest, i'm feeling pretty defeated now! Any suggestions on what I can do next, or is it all over??? ----------------------------------------------------------------------- Dear Championless I’m sorry you needed to contact us again regarding your complaint about a default logged on your credit file by Barclays. You also query the validity of your loan due to the account details being amended when it was transferred onto our purpose built system. Two separate letters have been issued to you requesting thatyou contact us to discuss your concerns; however we have received no response. I have completed my further investigation of this matter and have laid out our final response below. I refer to our letter of 1 June whereby the default was logged on your credit file due to the resolve loan going into arrears. As agreed, in February 2010, when the default was logged, we did adhere to the Banking Code whereby we allow customers 28 days notice to we plan to give information to CRAs. Please find enclosed a copy of the default issued to you on 10 December 2009 whereby it states ‘Not earlier that 28 days after the date of this letter, the bank intends to register details of the default on your account with CRAs’. I refer to our letter on 26 June, whereby you were issued with a statement showing your outstanding loan balance being transferred to the new account number. A letter was issued to you in August 2008 to advise of the internal change and your new loan details. This was not a new loan and only a continuation of your existing loan, therefore you were not required to sign a new agreement. You did sign for the loan when it was opened and 7 statements have been issued to you since the loan was transferred to our new system, along with 14 arrears notices all stating the new account details. As you have defaulted on your loan and the information passed to the CRAs is correct and factual, along with the necessary notices being issued to you timely, on this occasion, we have not upheld your complaint. I hope this explanation is helpful and has answered all of your concerns, although I appreciate that it may not be the outcome you wanted. In line with our previous letters, if you are still unhappy with this outcome, you may now ask the FOS to review your complaint. I have enclosed a copy of their leaflet, which includes details of how to contact them. Please note, you have six months from the date of this letter to refer your complaint to the FOS for investigation. Our complaints procedure has now been exhausted and you may consider this letter to be our final response. Please be aware we will not enter into further correspondence on this matter. However, if you choose to contact the FOS, we will cooperate fully with their investigation. Once again, we are sorry for the problems you have experienced, thank you for letting us know. We take all complaints seriously and value your feedback to help us identify where we can improve in the future. Yours sincerely Stupid Barclays Person -----------------------------------------------------------------------

I'm sending this today: To whom it may concern I refer to my letter dated 28th June. I have still not received a response to this letter. I am disappointed that I have still not received a response. This situation is extremely stressful for me and is preventing me from attaining a mortgage, thus forcing me to stay where I am currently residing. I am considering going to the press with this matter, as I believe it is shocking the way I have been treated and appalled at the apparent disregard for the law that Barclays have show. If I do not receive a response within 7 working days, I will have no choice but to take this matter to as many members of the press as possible. I will also submit complaints with the Financial Ombudsman Service, the Information Commissioner’s Office and I will also commence legal action against Barclays for breaches of the data protection act and emotional distress. I look forward to receiving a full response from you imminently.

I'm sending this today: To whom it may concern I refer to my letter dated 28th June. I have still not received a response to this letter. I am disappointed that I have still not received a response. This situation is extremely stressful for me and is preventing me from attaining a mortgage, thus forcing me to stay where I am currently residing. I am considering going to the press with this matter, as I believe it is shocking the way I have been treated and appalled at the apparent disregard for the law that Barclays have show. If I do not receive a response within 7 working days, I will have no choice but to take this matter to as many members of the press as possible. I will also submit complaints with the Financial Ombudsman Service, the Information Commissioner’s Office and I will also commence legal action against Barclays for breaches of the data protection act and emotional distress. I look forward to receiving a full response from you imminently.

Sent them this letter on 28th June and still no response. Any suggestions for next steps? I refer to the default entry on my credit file dated xxxxxxx. At this time you were subscribed to the Banking Code. Although a membership was voluntary once signed up you had to follow each and every provision. I would like to bring to your attention Section 13.7 of the Code: In these cases, we will give you at least 28 days’ notice that we plan to give information about the debts you owe us to credit reference agencies. At the same time, we will explain the role of credit reference agencies to you and the effect the information they provide can have on your ability to get credit. Further to the above I would also like to bring your attention to the Information Commissioners Guidance on Defaults. Notices of intention to file a default Notices to comply with Sections 13.7 of the Banking Code and 7.5 of the Lending Code should provide adequate warning Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing. At no point did I ever receive such a notice giving me 28 days to rectify the situation. Also no such notice was included in my recent Subject access request which if present should have been. The fact it was not suggests no notice was ever sent. Taking all of the above into account I believe you have breached the fourth principle of the Data protection Act in that the data has not been processed fairly. You have also breached the Banking Code which was in place and you were signed up to at the time agreeing to abide by the conditions laid down. Furthermore the default you have placed on my file relates to an account i did not even know existed. At no point did you inform me of any account change neither did i sign any documentation which would be required in order for a new account to be opened. Please provide me with evidence of me acknowledging and agreeing to any account change. I look forward to receiving a full explanation at you earliest opportunity. An unsatisfactory response will leave me with no option but to commence legal action against you for breach of the data protection act.

Still no response from them after sending the letter above. Any suggestions for next step?

That letter looks great James! I have also received a response to my other letter above regarding the unfamiliar account number. Here it is: Thank you for your letter regarding the default registered on your credit file for your resolve loan.* You have advised that you are not familiar with the account details i mentioned in my previous letter, you have never asked for it to be opened and do not know why it exists.* I can confirm that in October 2008 Barclays transferred all lending products on to a new purpose built system, which involved changing the existing account details to a new sort code and account number. You will have been notified in writing of this change at the time (I did not, nor did i receive a copy following my SAR). Please accept my sincere apologies for the confusion regarding this matter. I have today enclosed a loan account statement, which i have highlighted to show the balance transferring over from your existing account.* The information provided in my previous letter still stands as you broke the terms and conditions of the loan account. The default registered will not be removed from your credit file.* Thank you Customer relations advisor