Hello Peter, Is it not analogous to Grace?...the account was unenforceable by statute. Your advice always appreciated.

Hi Peter The detailed opinion will assist and Ill post it once received. Meanwhile Barclays have gone very quiet.

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.

Thanks Peter.

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 remained outstanding. You rejected my claim that the account was in a statute barred status from 2014 on the basis that you sent annual statements. Hitherto, you have failed to provide any case law or relevant statute that allows the sending of statements to circumvent the provisions set out in Section 6 Limitation Act 1980. As you continue to insist that the account is not statute barred and reject the application of section 6 LA 1980 I would ask you to seek legal counsel on the matter before continuing to mislead and/or conceal. My contention that the account was time barred was totally reliant on Barclays having a cause of action, which was, for the avoidance of doubt, the written serving of a notice for demand as confirmed in the Court of Appeal in (Doyle V PRA (2019) Further to my contention that the account status of 6 is incorrect It was decided in the Court of Appeal (Grace & ANR V Blackhorse (2014) that where an account is unenforceable by statute the credit file must show this in the status, failure to do so renders the information incorrect and a breach of the Data Protection Act. You have acknowledged that the extended reporting has impacted on my ability to obtain credit and employment, notwithstanding, that you believe the reporting to be correct. However, your claim is now a bad one with the emergence of the notice of demand previously withheld in 2019. For the reasons set out above I request that you review the original complaint. Yours Sincere

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.

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.

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 outstanding balance, we don't agree that the account can be considered statute barred nor do we feel we're being misleading in stating this. However, I can assure you that we won't be taking any steps to pursue payment of the balance and we will be making the changes we promised”.

Peter, The termination notice has now appeared.

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 data arrived today and guess what has appeared???? I'll post the letter later.

Data being reported incorectly on Equifax as well. creditfile z,.pdf

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 statement. I can see this ending in the county court in reliance on the Durkin case.

Should have access to all the data on the account tomorrow. latest response from Barclays. Dear Thank you for your patience while this matter has been under review. I’m afraid I’ve not yet been able to get the answers I need from the relevant team to allow me to provide you with any more information. However, please be assured I will continue to work on this and I will provide you with a further update no later than 29 January 2021. Kind regards Customer Relationship Manager Barclays

important – sometimes a default is good news! Defaults sound bad, right? So getting one removed must be good? This is probably the most confusing thing of all, but No! It can often be better to have a default on your credit record. If there is a default against a debt, then the whole debt will “drop off” your file after six years, even if you haven’t repaid the debt. With no default, the record will not go away until six years after it is marked as settled/satisfied in some way. So don’t rush into trying to get a default removed… and never try to get a default date changed to a later one because it will wreck your credit record for longer

Peter, You are spot on. Todays email. Dear _______ Thank you for confirming that you are to investigate my allegations that the bank has breached Data Protection laws and also disregarded ICO guidance. Further to my letter of complaint submitted yesterday 21/01/2021 I wish to include that in 2019 the bank rejected my claim that the balance was statute barred as of sometime in 2014. The bank never provided its reasoning behind the rejection other than implying that a termination was ‘never’ served in 2008 and that the balance was legally recoverable. Could you please confirm whether you continue to believe that the balance was never statute barred pursuant Sec 6 para 3 Limitation Act 1980 as I believe your intention was to mislead and justify your continued regime off filing a status of 6 on my credit file. Yours Sincerely

mrabody You're spot on mate. Barclays aknowledge my complaint. I’m sorry you’ve had to contact us again regarding your complaint and that I’ve been unable to speak with you directly when you’ve called. I can assure you I’ve reviewed the information you’ve sent and I’m currently liaising with the relevant team to try to get this resolved, as soon as possible. I’m afraid I can’t give you any more information at the moment, nor can I give a specific timescale as to when I’ll be able to get an answer for you. However, I will provide you with an update no later than 26 January 2021. Thank you for your patience in the meantime. Kind regards

Peter, I bet theres lots of overdrafts being recoded as a status 6 instead of a default contrary to the ICO guidance. This way the overdraft never becomes stat barred and like you say is valued more than a defaulted account. Most debtors are oblivious to this. Anyway just after id paid £2.20 to send the letter recorded deliver Barclays rang and asked me to email it them. Regards

mrabody No loss, just general damages as per Durkin. The bank has already paid out £750 for the distress and inconvenience they've caused in taking too long to mark the account as settled and passing the debt onto a DCA. However, they would not accept damage to the credit status from 2014 even after admitting that the account should have had a default status and that the same would have fallen off in 2014. Ill post their letters when I receive the contents of my DSAR.

Letter going off today. On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction plan the bank may demand full payment of the outstanding balance. On the 21st August 2008 I was served with a statutory termination notice pursuant Section 76(1) and 98(1) Consumer Credit Act 1974 stating that on 05th September 2008 the bank was to terminate the agreement. It is accepted that if a person fails to settle their account after receiving a termination notice the bank is entitled to register a default on the their credit file. However, instead of registering a default the bank registered the account as a status 6, which shows that payments are 6 months in arrears. The ICO’s Technical Guidance on filing defaults with credit reference agencies states that. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. The filing of a status 6 instead of a default meant that damage to my credit status was not just restricted to 6 years, the damage continued and consequently both myself and partner have had applications for credit rejected. The bank has admitted that had it followed due process and registered a default the same would have fallen of my credit file in 2014. I therefore allege that the bank negligently filed incorrect data with the credit reference agencies, the consequence of which has resulted in damage to my credit status/worthiness and reputation. The damage has extended to my partners credit status by association. The processing of my data is neither fair nor is it accurate. The bank has breached the First and Fourth Principle of the Data Protection 1998, the First and fourth Principle GDPR (2018 DPA). The bank has been negligent, failed in its duty of care, failed to to abide by the FCAs principle 6, “treating customers fairly”, and has disregarded the ICO’s technical guidance on filing defaults with credit reference agencies. In order to satisfy my grievance and pursuant Article 17, 82 GDPR respectively, I require the immediate erasure of the incorrect data on my credit file and compensation for the damage the same has caused as outlined above. Yours Sincerely

The credit file showing incorrect data. creditfile.pdf

I think you're correct Peter, Could there be a claim using the Durkin precedent ??? Regards

Just to add, para 4 of the ICO's technical guidance states that a status of 6 should not be used in place of a default.

Peter, My new complaint. The bank failed to update the credit file in 2008 recording a series of 6 months in arrears up until 2019. In 2019 the bank wrote the amount off and since then the accounts status has shown the status of settled at zero, but the negative data will remain until 2025. My research suggests that there is no legal obligation to apply a defaulted status (8 on experian) to ones credit file post default (its at their discretion). If the bank had recorded the account has defaulted the credit file would have been wiped clean in 2014. Between 2014 and 2019 the bank continued to report a continuing series of 6 missed monthly payments on the file. The bank is required to process data lawfully and fairly and that the data is accurate and up to date. Paul

Hi Peter, I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?

Peter, I thought overdrafts were payable on demand ?