You need all the statements, write back and make it clear that if they refuse you’ll submit a complaint to the ICO.

Hi Peter After reading the opinion I'm not confident in pursuing this.

You really need all the data that the bank holds on you. First time I've heard of their collection centre arranging a loan to refinance.

The legal opinion gives the green light to claim damages under breaches of the DPA 1998 and/or negligence as per Durkin.

Should receive it in the next few days. Looking forward to your comments on the opinion. Regards

Someone that specialises on the subject might be a better way to put it.

Opinion should be with me by Thursday. The expert has been involved in COA cases concerning matters I've raised.

Peter, I agree that Grace is not really required as the data is probably incorrect in any event, contrary to data laws. Nevertheless, I’ve instructed the expert to consider it, so it will be interesting to see if it assists.

But the COA said that a CRA file should show that the account is unenforceable.

Barclays response. Barclays reply.pdf

When status 6 would apply. Status 4-6 or 4-6 & BB - Possible Triggers • If, when status 3 has been set, the customer is showing no realistic attempt to repay the overdraft then, a Status 8 should normally be set. • Status 4-6 will normally only be needed if the customer has made a repayment proposal and is making a realistic effort to repay the overdraft, but the overdraft is more than 3 months beyond its repayment date.

Peter, Is 6 a legitimate entry for a overdraft?

Hi take your point about confusing the issue, but think it could apply if they argue that there is no requirement to file a default. Barclays have offered £150 for distress and inconvenience. I’ll post the letter when it arrives.

In my opinion. If the status of 6 missed payments is excepted, then the credit file should have made reference to the fact that the account was unenforceable. If the credit file wasn't able to show this, then the status of 6 should not have continued to be recorded.

Peter I think the more we can throw at Barclays the better. The legal opinion on merits of the case will be interesting. Paul