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paulwlton last won the day on January 22 2007

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  1. Should receive it in the next few days. Looking forward to your comments on the opinion. Regards
  2. Someone that specialises on the subject might be a better way to put it.
  3. Opinion should be with me by Thursday. The expert has been involved in COA cases concerning matters I've raised.
  4. 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.
  5. But the COA said that a CRA file should show that the account is unenforceable.
  6. Barclays response. Barclays reply.pdf
  7. 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.
  8. Peter, Is 6 a legitimate entry for a overdraft?
  9. 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.
  10. 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.
  11. Peter I think the more we can throw at Barclays the better. The legal opinion on merits of the case will be interesting. Paul
  12. Para 38 Grace. 38. As for the second submission, I have not been persuaded that the shortcomings in the CRAs’ registration systems can excuse a registration which is in substance inaccurate because of an omission (namely that the ‘default’ related to an unenforceable agreement). If an accurate registration cannot be accommodated, then the answer is for the industry to change its registration systems, and in the meantime for inaccurate registrations not to be made.
  13. Peter, The creditor isn't legally obligated to register a default once a default/termination notice has expired, its totally at their discretion. What they did in my case was to keep the account status as active. The account became statute barred/unenforceable from 2014 and as per Grace the credit file should have been updated to reflect this. Fourth principle Data Protection Act requires ones personal data to be accurate and up to date. Ive asked the expert to consider Grace, Doyle and Durkin.
  14. But a statute barred debt does not require a court to declare the debt unenforceable? It is fact that the account was unenforceable 6 years after the termination notice was served as per Doyle. I
  15. Hello Peter, Is it not analogous to Grace?...the account was unenforceable by statute. Your advice always appreciated.
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