I've had a look round and am unable to find anywhere that reports on strikes. Is it definintely 4 days for service? Does it matter that xmas was in between? Do i get more days? How would you suggest i proceed?

The last date for posting second class was 18th December, last for first was 21st. How do you think i should proceed?

Cool, will send both today. Just had a thought though, the original CCA mentions nothing about data protection or them sharing it with CRAs, do you think this is relevant James?

I've just had a quick look over the copy of the CCA and it mentions nothing about sharing data with CRAs or that i give permission for them to do so. Is this relevant?

The letter's date is 10th December 2009. The other date is 28th December 2009. I'm sending a SAR today and this one too: Dear Sir/Madam Account Number: XXXXXXXX Sort Code: XXXXXX I am writing with regards to the default entry you have placed on my credit file dated 25/02/2010. Please confirm which account the default refers to as I am unable to match it to the account above, which is detailed on previous correspondence from you. I would also like to refer to the 4th principle of the Data Protection Act that personal data shall be accurate and, where necessary, kept up to date. As this default notice does not relate to any account I have had with Barclays you are in breach of the Data Protection Act by adding the entry to my credit file. Please provide me with a full explanation and remove this entry from my file within the next 14 days otherwise I will issue proceedings against you for breach of the Data Protection Act. Yours faithfully

Yes, the date on the letter is 10th December 2009 but i don't have the envelope anymore.

Bump?

I was thinking i might send the SAR first, to see if they have a copy of the default before i say that i have one? What do you think? Won't they just remove it and then reissue a default? Or do you think i should send the above letter first?

Here you go:

James, do you know if there are any suggested templates for such things? P.S I really appreciate all of your help on this so far.

Should i write this letter before the Subject access request?

Can they do that? Just change account and sort codes? Should i write this letter before the SAR?

The thing is, the account number on the account opening paperwork that they sent me, the one for the loan, does not match the one on the default letter. Any suggestions?

They didn't register the account with any CRA. However, once they issued the default, the account suddenly registered with experian. I've just had a thought though. The account numbers don't match up. The original account number is now different to the one listed on the default notice. AND a different sort code. Is this relevant?

They didn't register the account with any CRA. However, once they issued the default, the account suddenly registered with Experian. I've just had a thought though. The account numbers don't match up. The original account number is now different to the one listed on the default notice. AND a different sort code. Is this relevant? Copy of default notice to follow...

That's ok, i know you must have loads of posts to answer. I didn't complain to the FOS as i thought it wouldn't do any good. Do you think it's worth it? They've since registered the default, i wish i'd just paid it as i thought they couldn't do that whilst it was in dispute. I've been advised to do a SAR. What do you think?

Thanks James, that's helpful. I had a dispute in the fact that i requested a signed agreement and they would not provide one other than a blank one. The CRA have come back to me today saying that Barclays will not remove the default. Barclays have also come back to me themselves following my offer of full & final settlement on the proviso that they remove the default and have suggested that they would only do so if it was added in error. Can i challenge it on me not receiving the default notice? Or if they provide proof it was sent, is that considered proof that i received it? Or can i make a complaint to the information commissioners office, following the subject access request, that they do not have the right to process my data in such a way? Just wondering what the next step is after the SAR? Your help would be really appreciated. Thanks

Bump?

Yeah it was a loan. Can I argue that the default was placed in error because my account was in dispute at the time? I know they don't have a copy of my original credit agreement but all they do is suggest I contact FOS. Will this do anything useful? They've told me they would only remove the default if it was put on in error. What can I do next?

Do you think i'd have a chance with full & final settlement on the proviso that the default is removed?

Hi All I was wondering if you could help me. My boyfriend and I are about to apply for a mortgage so i checked my credit report and a recent entry has been added. It relates to a Barclays loan showing as a default. I have previously requested a copy of a signed CCA which they did not provide. It is detailed in the link below: http://www.consumeractiongroup.co.uk/forum/barclays-bank/216812-barclays-resolve-loan-2.html I am now in the position where i have the account suddenly turn up on my credit report (previously this account had never been reported to a CRA. I've emailed Experian to ask them to remove it but just wondered if anyone has any suggestions, as i'd like to try and resolve this as soon as possible so i can get a mortgage. Can i challenge Barclays on data protection grounds as opposed to unenforceability or is the only option to clear the debt somehow and have it showing as settled? Does a settled default account look bad to lenders? All other accounts on my record are perfect with not so much as a late payment. Your help would be greatly appreciated. Thanks championless

The thing is, Barclays have never reported this loan to any of the credit reference agencies. Are they able to do so years later and immediately register a default?

So does this mean i need to start paying them again? Can i still challenge the debt or does the manchester test case mean that i'm back to square one and have to pay this?

I thought they had to send me a true signed copy? Isn't that what the letter i sent asks for? Can anyone help me. I've received a default for this now and they are now threatening court action. Calls from Barclays are coming in several times a day. I ask them to communicate with me via letter but they refuse and tell me calls will continue. Please can someone help me? Surely there must be something i can do. I'm really worried that i'll be taken to court. Don't they have to prove that i signed an agreement? Help help help?!