Thanks for that information Windsock. It's so disappointing to know that I settled the account in 2012 yet bad data can be shown until 2018 and all the way back to 2006, I would have been better off defaulting in 2010 (which is when I cleared off all balances and never used the card again) at least then it would come off in 2016. I really thought that as the months go by each marker drops off, it's shocking to know that they can keep showing 6 years before the settlement date. As barclaycard have reported the dates wrong to equifax, is their any statute that says I can ask for the whole record to be removed? Also, is it possible for barclaycard to give the correct dates of the late payments to barclaycard bearing in mind they have not reported anything to equifax since 2010, hence would make it worse for me as the missed payment dates are more recent than is actually shown on the equifax report? I am concerned that if I push for the removal with barclaycard they will cotton on the to fact that they have the late payment markers further back then they should be and then move them forward.

Dear friends, I have checked my Equifax and Callcredit report’s in the last few days as I know I have some pretty bad looking marks relating to a Barclaycard I had a good number of years ago, I have learnt from the error of my past and have had a clean credit file for the past 5 or so years. The Barclaycard was not managed well by me (I moved address in 2008 after graduating, got a new job and got married all simultaneously and did not inform Barclaycard during this busy period until 2010), although I never defaulted just had a large number of late payments, I am really upset about not being more proactive at the time as now I would like to get a mortgage and this is really holding me back. My main issue today is that Equifax are showing inaccurate Barclaycard data going back to 2006, and I only want it to show the most recent 6 years (going back to 2009). To get a better understanding of what actually happened I will explain my Callcredit/Noddle report first as they have reported the Barclaycard entries correctly: Jan – Jun 2009: To explain, I fell behind on payments in Jan 2009 & lots of fees were added by Barclaycard until June 2009 when they took money (minimum payment amount) from my Barclays current account to offset against the Barclaycard balance hence, a green mark in June 2009. Jul 2009– Mar 2010: Then as they added interest and more fees (from Jul –Mar 2010) this pushed me over my credit limit again until March 2010 when they again took money from my Barclays current account to pay the full balance on my Barclaycard. Apr 2010 – Mar 2012: I assume they kept the account open until March 2012 which is why I have a number of green payments for this period. Equifax Report: Right now my concern is my Equifax report. This shows a number of errors for Barclaycard, and frustratingly they are also showing inaccurate data going back to 2006: I only really want the most recent 6 years showing (from June 2009 onwards) as I don’t see why they should be holding data on record which is way older than 6 years. As they have recorded the payment markers incorrectly, if the report would show only the most recent 6 years then I wouldn’t have any late payment markers showing which is what I am hoping to do however, in reality it should show like the Noddle report with late payment markers in 2009/2010. I would like to find a way of asking Equifax to update my Barclaycard records to only show the most recent 6 years (green markers from 2009 as above) without worrying about Barclaycard reporting the correct dates (late markers) to Equifax and Equifax amending their report. Is there any way I can do this? Do Barclaycard still have the authority to ask Equifax to change the data even though it was so long ago, or do Barclaycard have to report it within a certain timeframe? Is there any way I can ask for the whole record to be removed due to the incorrect entries/dates? Should I approach Equifax or Barclaycard as I would like to try and get this done as soon as possible as I have seen a house I would like to buy? I apologise for the long post but its the only way I could explain it due to the complications, any help is really greatly appreciated x Imogen

Thankyou BRIGADIER2JCS, your efforts are greatly appreciated. Will get on with the account in dispute letter now

Update: I sent them this CCA / Prove it letter on 28/12/11 via recorded delivery. Dear Sir/Madam, This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an alleged account I held with yourselves. I have no recollection of ever holding an account with yourselves, or any party from whom you purchased this alleged debt from. Further to this neither I have no recollection of ever receiving a ‘default’ notice, and I therefore require you to substantiate this data. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that you provide evidence that I am liable for the above account and await your written response. Otherwise I will have no option but to make a complaint to the trading standards department and consider taking legal action against yourselves, and also informing the OFT of your actions in placing a ‘default’ on my credit file. In particular, I request you provide: 1. A true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. 2. Any deed of assignment if the debt was sold on. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. 3. A signed true and certified copy of the original default notice Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Received this response on 07/01/12: So they have not provided the CCA or default notice, but say they have requested them from Creation Finance Services Limited. It is now been 19 days since the oringal CCA letter was posted. Should my next step be the Account In Dispute letter? Would this library one be ok? http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale Many thanks in anticipation

I see, I did not know that the default title could be updated, so I understand now, the OC would have had their name against the default, and when lowfile bought it they put their name against it. I will follow the advice given and CCA lowlife. Really appreciate your help DX and Silverfox

Hi Silverfox & Brigadier, I accept that if it is my debt I would have to leave it and not bother pursuing it, or even offer to pay off the defaulted amount of £200 in full with lowell agreeing to remove the default (if they would!). However it makes me angry that lowell have never sent me any letter stating they are going to default me, neither do I have anything that tells me where the original debt has arisen from. Its only for this reason im pursuing lowell to get some answers as to who the original creditor is. If they can tell me that and it is indeed someone I recognise I will have to accept its going to stay on my file for 6 years. This is why im trying to follow some legal protocol to get lowell to give me some info regarding the original debt.

Thanks Dx, problem is I dont even have the 16 digits, as all the XXXXX are actually shown as XXXXX then just the last 4 digits. As I dont know who the OC is, would I be ok to SAR lowells ? Or maybe write to Lowells first without SAR and ask them who the OC is. Paying it off might be easier with the conditions of removal of all negative data as you say, but I just want them to tell me what the debt relates to so I have the satisfaction of paying something that I actually believe I owe. Best sleeping on it.

The full line is: Credit Card from Lowell Portfolio 1 Ltd (I) / XXXXXXXXXXXX1234 I assume it relates to the account number of the supposed debt (the 1234 is some other digits) Their are no references to the OC anywhere else in the report.

USC are a high street clothing store. Problem is they may not even be the original creditor, its just the only purchase on credit that I can think of which I may not have paid. appreciate your help Dx

This seem ok as a request for CCA and default notice ? Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxxxxx This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an alleged account I held with yourselves. I have no recollection of ever holding an account with yourselves, or any party from whom you purchased this alleged debt from. Further to this neither I have no recollection of ever receiving a ‘default’ notice, and I therefore require you to substantiate this data at your earliest convenience. I request: 1. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. 2. Any deed of assignment if the debt was sold on. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. 3. You must supply me with a signed true and certified copy of the original default notice Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I have enclosed a copy of the Equifax page relating to this ‘default’ for your reference. We look forward to hearing from you. Yours faithfully

Hi Silverfox, I would be happy to keep quiet and let it lie, but I desperately need to clean up my credit file within the next 6 months therefore want them to explain why this default is on my file in the first place. I guess I will have to contact lowell/ Experian to ask them both what its about and then dispute it. I know its a risky strategy, but if I find I did actually owe lowlife or their masters I will just have to cough up the £201, however on the other hand if I find out the debt has nothing to do with me I will fight them to get it removed. I guess I will probably send them a CCA tomorrow, anyone know the address for Lowell portfolio 1 ? Hopefully they wont be able to provide me with all the paperwork, plus I want to see my signature on this CCA. Would a prove it letter be better ? Once I have sent a CCA or Prove it letter can I contact Experian and tell them im disputing the account ?

Thanks Dx. Would asking Lowell to provide a CCA be useful? As this would show me where the debt has arisen from, and if I actually did take it out. Will carry on researching and post back here with any ways I can find of getting this removed from my credit card file.

Hi Dx, Aah, I see. I think the original debt may be for a store card I took out at USC, but not sure as I only spent around £40 on that card. Can Lowlife show themselves as a creditor I owe money to on my experian report? Thats quite shocking as I have never signed anything with them

Merrrrry Xmas, especially to all the very insightful and helpful members on here x

Guess I missed this

Hello everyone, hope your all well prepared for Xmas Loving this site, getting help over on another thead at the moment regarding reclaiming by CC charges which I would have no idea how to do if it wasn't for the kind help of people on here. I checked my Equifax report time, first time ever, and I have a few issues I need to deal with. I have a default from Lowell Portfolio. Problem is I have never heard of them or dealt with them! I Googled them and found they are a debt collection company, but I really dont know which debt they are collecting..... I have had letters from numerous debt companies over the years which I binned as I always tried to deal with the company I owed money to, not the debt companies. So, with me having no clue what this relates too, and a big red mark and default on my credit file, is their any way I can find out what its all about or even get this account removed from my credit report. In all honesty im shocked this is on my report and want it gone - will attach picture in next post. As always, any help is greatly appreciated. Thanks Imogenx

Hi Slick132 Yes your right, the SAR is because silly me has lost half my statements. I wont bother with the CCA request as all the reading I have done does tend to indicate its not useful in my case. Will get partner to write a cheque then as it saves time in the post office doing the postal order. Many thanks

Just getting the SAR together now. I don't have a cheque book, my partner is happy to send the £10 cheque from his account, would Barclaycard reject this as the cheque would not be in my name? Or are Barclaycard ok with postal orders ? Also, I really dont remember if when I opened the account back in 2004? if I signed up for PPI. Would requesting a copy of the CCA show if I did have PPI or not?

Thanks Dx you have got actually looking forward to getting this started now. whilst I am waiting on the 40 day SAR, would it be worth contacting the credit reference agencies, and telling them I am disputing the markers on my file. I read somewhere that the credit reference agencies will contact Barclaycard, and give them 28 days to respond. If they do not, then its possible that the markers would have to be removed due to lack of response...? Not too sure about doing this as it just doesn't seem solid like the reclaim route does. Edit Aah.... Just read that people have requesteda copy of the CCA from Barclaycard, and when they do not provide it then the person has contacted the credit reference agencies stating this fact and disputing the account. Should I state in the SAR that I want a copy of the CCA, and then does the postal order have to be for £11 not £10 ? Or should I send the SAR and CCA requests in seperate letters with seperate payments.

Aww thanks Dx and Slick, I will definitely be going for the removal of default markers as part of the claim, as the primary reason I have ended up here is to get ready for mortgage application. I guess I won't bother trying to argue my case with Barclaycard and get them to understand why the payments did not reach them as from my little reading it looks like it will be near impossible. Think the reclaim way is the best option, I will call Barclaycard tomorrow and get them to update my address. Then get the SAR request sent. Can I reclaim charges up to march 2010 or was their a cut off point to when the charges became fully legal? If their is no cut off point does that mean that charges even to the current day can be reclaimed, makes me think why CC companies put them on their in the first place if they can be reclaimed.

Great news on reclaiming the charges, so happy about that The late payment markers are a bit of a problem though. So, if I have this right, the late payment will not be wiped unless once I remove the £12 overlimit fee it brings me under the overdraft amount. E.g. Overdraft £600 Jan 2009 statement Outstanding balance £580 Late payment fee £12 Interest £3 Overlimit fee £12 New balance £607 Could possibly be wiped as once the £12 overlimit fee is removed, it brings the outstanding balance below the £600 credit limit. Feb 2009 statement Outstanding balance £630.67 Late Payment Fee £12 Interest £6.54 Overlimit Fee £12 New balance = £652.06 Cannot be wiped as removing the £12 overlimit fee leaves me at balance of £640.06, still above the overdraft amount. And any subsequent months cannot be wiped either as removing the £12 overlimit fee each month still leaves me over the £600 credit limit. Im thinking I may be better off just calling Barclaycard, being nice and explaining what happened with me moving house and the direct debit falling off at the same time, in the hope that they take pity and remove the late payment markers.

First of all, amazing site, was so happy to have found it and a glimmer of light to my miserable problems with Barclaycard. Recently requested my credit report from checkmyfile and have quite a few problems relating to defaults/late payments with Barclaycard. The problem lies with a combination of me moving house and then direct debit being cancelled at the same time, hence Barclaycard not getting paid for months on end which I was not aware of. I only found out about the problem when Barclaycard took the outstanding amount in full (plus lots and lots of fees) directly from my Barclays bank account. Therefore the debt was cleared in full including all fees. Im now trying to tidy up my credit report as im desperate to get a mortgage but have got no chance with all these late payment markers all over my file. What I wanted to know was if there was any way I could ask Barclaycard to remove the defaults/late payment marks on my credit file. I know they probably wont do it just out of goodwill, but could they be removed as part of a reclaim of credit card charges? Just checked my statements and every month the balance was outstanding I had: Late payment charge £12.00 Over credit limit charge £12.00 These charges were applied from statements October 2008 to March 2010 – so the charges alone came to £432. The account is still showing is open on the credit report as for the last 8 months under Barclaycard its showing as green. I will call Barclaycard tomorrow and ask them to update my address details to my new address. Very confused as I read a lot about things changing regarding reclaims to bank accounts. Hence im not really sure if I could reclaim these charges, and if as a consequence of reclaiming the charges I could get the late payment markers removed. Any help will be greatly received.