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hacompany

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About hacompany

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  1. Nope. Not sure what else I can do. The ICO won't help, financial ombudsman a complete waste of time Not sure what else can be done.
  2. I can't seem to find any successes! This just seems outrageous... I have complained to the ICO and the FO... The FOs response doesn't make any sense: your complaint about Barclays Bank Plc Thank you for your emails of 30 June 2015 and 7 June 2015. I have considered very carefully the additional information you have sent us. However my view of your complaint remains unchanged. As originally discussed you are unhappy that Barclays recorded an arrangement to pay marker (APM) on your credit file. You state that Barclays agreed to, in its own words, reschedule the terms of the agreement. findings After reviewing your account, I can see that Barclays have reported an arrangement to pay for the periods of October 2010 to May 2011 and from July 2011 to September 2014. This arrangement was initiated under a suspended order of possession (SPO), which was not maintained. At this point, Barclays was left with two options, to either apply for the enforcement of the suspended order of possession to be put in place and repossession or to increase the payments required, still under the SPO. I can confirm that an APM involves a temporary, short term arrangement where the lender agrees to accept reduced payments. Although you were paying a higher sum plus extra to clear the arrears on your mortgage, I cannot say that Barclays recorded this information incorrectly. The rescheduling of agreements involves a formal and permanent rescheduling of the payments due on the account. The payments you were making were to clear the arrears and also the capital payments. Looking at the call notes provided by Barclays I can see that the arrangement that was discussed with you was temporary and was not a permanent rescheduling of the payments due on the account and therefore does not fall into the category of rescheduling of agreements. I do agree with some of the points you have made in your email sent to me on 30 June 2015. But I think it is important for you to note that it’s Barclay’s discretion as to how it records the credit file information. So here I have assessed if what Barclays did was fair and reasonable and most importantly factually correct in your circumstance at the time. Also I have considered that Barclays has mentioned in its final response to you dated 29 May 2015 that it entered into a ‘variation for a sum higher than the terms of the Suspended Order of Possession’. I think there has been a misunderstanding here, as when recording markers on a credit file, the option for a financial firm to choose a ‘variation to pay’ is not one that is available. Therefore Barclays chose an APM, as this was the most accurate reflection of your circumstance and reflected the management of your account. I think it is important for you to note that anyone checking your credit file will be able to see the activity that has taken place in regards to the APM being placed on it. In your circumstance I can see that your arrears have been decreasing and that the APM has now stopped, putting you in a better position than if a default was recorded. In addition to the above I have asked Barclays for the Information Commissioner Office’s (ICO’s) report for your account. Barclays has stated that in your case the ICO has not concluded that Barclays has acted inaccurately and the information recorded was factually correct. I have also discussed your complaint with senior members and the general consensus is that Barclays recorded the information on your credit file factually. conclusion Based on my findings I do not feel that Barclays acted unfairly or unreasonably. I know that this is not the outcome you were hoping for. And I appreciate that this will come as a disappointment to you. If you disagree with this, please write and tell me by 12 August 2015 – setting out your reasons and including any evidence that you have not already provided and that you think is important to your case. I would be grateful if you could let me know now, if you plan to reply fully but do not think you will be able to meet this deadline. Please do not hesitate to contact me if you have any questions. Kind Regards Xxxxx Xxxxxxxx Does that Brig guy still use this forum? He seems like he has a few ideas about this sort of thing!
  3. Based on the ICOs definition of an Arrangement to Pay, it is not factual. An arrangement to pay is defined by the ICO as a temporary this involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments. For me it was a period of at least five years paying the full mortgage plus and additional sum to clear the arrears, which were reduced each month.
  4. is it correct at the time of registering though?
  5. I wrote to Barclays and asked for them to default me, after a few weeks or tooing and frooing they have sent me there final response. Not what I was hoping for: Your complaint We’ve finished our investigation Thank you for your time on the phone and for talking through your complaint with me. We’ve now finished our investigation, so this letter is to inform you of our decision. I’d like to assure you that we’ve looked into it very carefully. About your complaint Your complaint was, in summary: You are unhappy because Arrangement to Pay Markers (APM) have been reported on your credit file in relation to your mortgage account. You feel we have used an APM rather than a Default marker and that this contravenes guidance issued by the Information Commissioners Office (ICO). You would like a Default marker to replace the APM with a default date of May 2009. Our Decision On reviewing your account I can see that we have reported an APM for the periods of October 2010 to May 2011 and July 2011 to September 2014. The arrangement was initiated under a Suspended Order of Possession, which unfortunately was not maintained. At this point, rather than pursue a Warrant of Possession we entered into a variation for a sum higher than the terms of the Suspended Order of Possession. For the purposes of the Guidance a 'default' should be recorded on a credit reference file when 'the lender is in a standard business relationship with the individual decides the relationship has broken down'. The guidance also gives flexibility on how we go about making that decision. So for example mortgage lenders can give borrowers greater latitude around repayment arrangements if their account gets into difficulty. I do not feel the guidance requires us to file a default after an arrangement to pay has expired. We still retain the flexibility as to when to file a default as described above. Whilst I appreciate your comments on the guidance, further guidance has been issued by the ICO concerning the application of arrangements and defaults. ‘There are exceptions to this which may result in a default being recorded at a later stage, such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit. If an arrangement is agreed (see Principle 3 above), a default would not normally be registered unless the terms of that arrangement are broken. Apart from being 3 or more months in arrears there are other circumstances which may lead to the recording of a default: 1. Property such as a house or vehicle has been repossessed or handed back with no indication to pay a remaining balance.’ Given the above, we cannot default a mortgage until we secure possession of the property. As the terms of the Court Order are currently being met we are required to report this Court Order as an APM. Therefore, whilst I appreciate your position and your sentiments on this matter I do not feel we have made a mistake and feel the account has been reported correctly. The retention of arrangement information by Credit Reference Agencies (CRA) does vary, with Experian, for example having a period of three years from the end of the arrangement. I do hope this answers your complaint fully. Thank you for taking the time to complain to us and I hope that you will feel confident in letting us know your views again. Your next steps Please get in touch with us if you would like a further explanation of our decision. If there’s anything you think I haven’t considered, and you have new information to share with me, please let me know right away and I’ll be happy to look again at your complaint. Otherwise, you can ask the Financial Ombudsman Service to look into your complaint for you. This is a free, independent service for resolving disputes between customers and financial services institutions. We’ll give the Ombudsman all the information they ask us for, but do remember that you need to approach them within six months of the date of this letter. I’ve enclosed a leaflet on how to take your complaint to the Ombudsman. Yours sincerely Xxxxxxx Xxxxx Senior Decision Maker What do I do now? This seems ridiculously unfair, even if I had gone bankrupt in 2009 it would be off my file by now!!
  6. Hello CAG I haven't posted on here for a while, hoping you can help. I’m writing to complain about the way Barclays have reported the payment history on my Mortgage. I recently applied for a credit card and got refused; I signed up to ‘Credit Expert’ and spoke with one of their representatives who said the reason I was declined was probably because I have not been keeping up with my mortgage. Although I have had some difficulty in the past when I lost my job in 2009, I have not missed a mortgage payment in over six years so I thought this was odd. In 2009 I lost my job and was unable to pay my mortgage and, after a number of missed payments Barclays obtained an order of possession. Fortunately I regained employment and was able to strike a deal with Barclays just in time to fend off repossession. This deal was to pay my full mortgage payment plus an extra payment towards the arrears. This was under a suspended order of possession. I believe this is defined by the ICO as a rescheduling of the agreement. Barclays have agreed to reschedule the terms of the agreement for the medium to long term, in this case 4 years, in anticipation that the arrears would be cleared and I would return to the original level of payment and some of the arrears were recapitalised. It states quite clearly in the ICO guidelines how this arrangement should be reported: - The credit reference file should record the correct payment history up to the time of the rescheduling. - The account should be marked to show a new arrangement has been made, and reflect the modified repayment terms. - Any record of monthly payments after the reschedule should reflect payments made against the modified agreement. - Where a rescheduling of this type breaks down, a default may be filed when the total value of the arrears is equivalent to three monthly payments under the original terms. However, this should not result in the customer being placed in a worse position than someone who has made no effort to pay whatsoever. Yet Barclays have been reporting each payment as an ‘Arrangement to pay’. This is not factually accurate. An arrangement to pay is defined by the ICO as a temporary this involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments. Arrangement to pay markers imply that I have been making reduced payments towards my mortgage and that I am accruing arrears each month. This is not the case. Please advise. This is a major problem for me, the last AP marker was September of last year. This will be on my credit file until 2020. If I had known this was going to be how things would pan out, I would rather have defaulted in 2009 and had a clean credit file today. Its ridiculous that some one who defaulted six years ago is in a better position to some one who has paid off all the arrears.
  7. Thanks for your response! I realise that they don't have to negotiate, and certainly wasn't expecting them to make a decision straight away. I owe the following amounts: Lowell Portfolio - £10,000 Bank of Ireland (Post office) - £4,500 Incasso (RBS Loan) - £18,000 Regal (RBS Card) - £1,200 I have offered 40% Do you think they will agree to remove the defaults?
  8. Hello Consumer action group Can I start by saying how helpful I have found this forum so far, I think it's amazing that so many people are coming together to offer support to each other in these difficult times. In the interest of keeping a long story short - I was made redundant two years ago and have been unable to get another job that will pay me enough to meet my mortgage payments. I am also in negative equity mortgage arrears. I'm in a real mess. As I see it I have only two options - Go bankrupt or offer to final settlements to my creditors and start again. I have four creditors excluding my mortgage, electric gas, council tax etc Lowell Portfolio Bank of Ireland (Post office) Incasso (RBS Loan) Regal (RBS Card) Fortunately I have a family member who has kindly offered a small lump some to try to clear these,on the basis that it will give me a fresh start etc. I have sent letters explaining my situation and offering 'pro rata' amounts to each of my creditors with the following terms a) The Default Notice will be removed b) The Status of the account will change from “Defaulted” to “Settled” c) The Current Balance will appear as £0.00 d) The Default / Delinquent Balance will be set to £0.00 e) There will be no date in the “Defaulted Date” field (as it will be removed) f) There will be no date in the “Date Last Delinquent” field on the report g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit No one is playing ball, they either won't negotiate or they won't negotiate etc. Can anybody advise me whether these terms are reasonable/possible?
  9. I recieved all the paper work from the CCJ this morning What information can I give to help me?
  10. I've sent a letter off to the Woolwich today asking for all the information they have in relation to my CCJ so hopefully I will get a response to that over the next week. Will attempting to get the CCJ set aside be detrimental to my relationship with the Woolwich? I've read on other threads that as I did not receive the paperwork this might be enough to get it set aside? What are your thoughts on this?
  11. Thank you so much for your quick response. I don't have any of the paper work unfortunately, I'm sure I can write to the county court to ask for it. What information specifically would help? I think the CCJ was the step before the repossession. The CCJ meant if I didn't offer a payment plan which the Woolwich found acceptable they would be able to go for repossession? Coincidently I called them to sort out a payment plan, unaware there was a CCJ? - Approximately two weeks after it had been enforced. Also if I try to get the CCJ set aside will that upset the mortgage company? I didn't defend myself at the time the CCJ was granted, I didn't even know it took place until afterwards...
  12. Hello I'm new to this forum so please bare with me, i'm not even sure if i'm posting in the right place so feel free to move this post if necessary... To cut a long story short, I was made redundant almost two years ago. Up until this point I never missed a mortgage payment and had no debt on my credit cards. I never expected to be out of work for as long as I was. Everything spiraled out of control, I put mortgage payments on credit cards and then everything just collapsed I had no income, I couldn't meet any of my payments and I just buried my head in the sand. I just had to focus on finding another job and thought I could just repair everything afterwards. I'm finally working again and i'm slowly chipping away at my debts and trying to repair my credit file. I have just ordered my credit file from Experian and it's actually not as bad as i thought... at the moment. The only real thing it looks like i'm stuck with is a CCJ for getting behind with my mortgage. As soon as I realised how bad the situation was I had to ask for help from family who stepped we called the woolwich who set up a payment plan and we have been paying the mortgage + £100 towards the arrears and have since not missed a payment. Once I have caught up with other bills I also intend to increase this in order to clear the arrears quicker. Is there anything I can do to get this judgement set aside. I had a clean credit file before the last two years. I'm finally out of this nightmare and just want to put everything right. I am not disputing the money I owe, but this CCJ on my credit file will make life difficult over the next 6 years. For example, my new job comes with a small car allowance but i'm finding it difficult to lease anything etc Any help advice will be greatly appreciated. Thank you for reading.
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