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Everything posted by paulwlton

  1. Someone that specialises on the subject might be a better way to put it.
  2. Opinion should be with me by Thursday. The expert has been involved in COA cases concerning matters I've raised.
  3. 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.
  4. But the COA said that a CRA file should show that the account is unenforceable.
  5. Barclays response. Barclays reply.pdf
  6. 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.
  7. Peter, Is 6 a legitimate entry for a overdraft?
  8. 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.
  9. 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.
  10. Peter I think the more we can throw at Barclays the better. The legal opinion on merits of the case will be interesting. Paul
  11. 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.
  12. 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.
  13. 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
  14. Hello Peter, Is it not analogous to Grace?...the account was unenforceable by statute. Your advice always appreciated.
  15. Hi Peter The detailed opinion will assist and Ill post it once received. Meanwhile Barclays have gone very quiet.
  16. As I intend issuing a claim in the courts I have asked a lawyer that specialises in this area of law for a written, detailed opinion on the matters I have raised.
  17. Can anyone improve the letter? Cheers. I am now in receipt of my personal data. In 2019 you investigated my complaint and provided your response on the 22nd April. You supported my complaint that my account update was not completed on the agreed date and therefore offered a compensatory payment for distress and convenience. In addition to supporting my complaint you acknowledged that recording the account at the credit reference agencies was longer than intended, however, your opinion was that the data was correct as the balance rem
  18. Data from telephone transcript dated April 2019. Mr W referred to statute barred I adv we wouldn’t consider the acc to be statute barred as corres have been sent Mr W feels this statement is dishonest, misleading, doesn’t fit in with statute barred legislation.
  19. Peter, Surely it’s the termination letter that gives the bank the cause of action and if they fail to issue within 6 years the account becomes statute barred. The bank are wrong to state that sending an annual statement of account trumps the sec 6 SOL. I will ask them to confirm whether they are relying on case law or qualified legal opinion.
  20. The banks response back in 2019 denies the balance is statute barred. Now this raises even more issues regarding the status of the account registered at the CRAs. Although the balance has shown zero since it was settled in 2019 the accounts history has remained showing a status of 6. The bank should have removed this status once I’d informed them it was statute barred. The COA in Grace v Lloyds confirmed where an account is unenforceable a customers credit file should reflect this. Am I correct Peter, dx ?? “As regular correspondence has been issued about the ou
  21. Peter, The termination notice has now appeared.
  22. In 2019 Barclays Stated that the overdraft was not time barred and that the reporting of the account to the CRAs was correct as it was never terminated. Shortly after this I sent a DSAR to Customer Relations for all data on the account, specifically referring to any termination notice. The bank complied, but no termination notice was included, when pressed on this, the bank stated... "we no longer all of the past records relating to your account" (letter posted earlier on this thread) A few weeks ago I decided to make a DSAR online on the Barclays site. The
  23. Data being reported incorectly on Equifax as well. creditfile z,.pdf
  24. The person dealing with my complaint still hasn’t seen evidence of what I allege and continues to investigate. However, it has been stated that they should have deleted all the account history in 2019 and have agreed in principle to pay compensation if the team responsible failed in their duty of care. I cannot see the compensation they will eventually offer will be acceptable as a settlement in the region of £7000 is required for the damage caused. Just to add the bank bizarrely maintain that the account was never statute barred because they sent an annual statemen
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