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shutmeup

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Posts posted by shutmeup

  1. Have you checked the other CRA's to see if Lowells are reporting the debt to them?

     

    Lowells never reported my debt to Experian for some reason, just Equifax and Callcredit.

     

    " As the Barclaycard reference relates only to the factual statement that your account was sold, and we are not currently reporting any defaults, there is nothing for Barclaycard to remove from your record."

     

    When you agree to a settlement make sure that you get BC to agree to remove ALL information they hold about you from all 3 CRA's.

     

    Has BC not bought your debt back from Lowells?

     

    Obviously every case it different but with mine I pushed it as far as they would go with their financial settlement and then said I would accept their offer if they agreed to remove all information about me as well. They were quite happy to agree to that.

  2. Some advice please.

     

    I have 3 default notices on my credit file with Experian and

     

    one of these I have no knowledge of.

     

    I contacted the DCA ( MKDP) on the 1st June 2013 and placed a query on the debt as I have never had a Barclaycard.

     

    The entry on Experian has since been marked with a "Query" entry.

     

    I received a letter from MKDP on 17 July 2013 which was quite apologetic about the length of time taken as

    "we are still unable to resolve your query" and "we are liaising with the original creditor"

     

    How long can they keep me hanging on for an answer, it's now 2 months and if they cannot resolve it,

     

    can I force them to remove the "default" entry.

     

    Thanks for any help you can offer.

     

    T_T

    I've been having that same kind of letter from them every month since last summer. It's been that long I cant even remember what they are trying to resolve.

  3. Thats their standard response but they will pay up if you start court action.

     

    You can argue for the default to be removed as well if without those charges being added your account wouldn't have been defaulted. I think you may be able to do that anyway as the amount you were defaulted for would be different without those charges added.

     

    Although I 'bribed' them into removing my default by agreeing to accept a lower cash settlement in exchange for them removing all their account history from my credit files. It depends if you want more money or the default removed from your credit file.

     

    If you start court action Barclays will buy the account back from Lowells so i wouldn't bother trying to sort out how it appears on your credit file at the moment.

     

    Have you got a list of all your charges and the dates of them? Look for a £40 charge as well that BC sneak in for notifying you by letter that your account is behind payment. They will pay that back as well.

  4. That's quite a decent opening offer. My first offer was for only charges applied within the last 6 years and no interest at all.

     

    Keep going though. I turned down 4 offers before accepting.

     

    Always double check everything as I would get used to them putting the wrong name on things. I think BC litigation either hire people straight out of school or are not that bothered about paperwork being correct.

  5. I'm not sure what amount will be refunded, I originally added 8% to each monthly amount but the FOS letter says Lloyds should put me back in a position as if i had never had ppi.

     

    I had a letter and phone call from the FOS saying they upheld my complaint a while ago, but Lloyds have ignored them and not even bothered replying to say whether they agree with the decision or not.

     

    I haven't contacted Lloyds myself yet as i thought it was the job of the FOS to sort it out but it looks like i'm gona have to chase this up myself.

     

    I've been a pain to Lloyds for the last 18 months so i was expecting them to disagree with the FOS decision but it looks like their going to try and drag it out as long as they can!

  6. Two months ago the F.O.S upheld my ppi complaint against Lloyds and gave them a month to respond if they agreed or not. As Lloyds have ignored them my complaint now has to go to an Ombudsman to make a legally binding ruling which can take up to another year!

     

    Is this just another tactic the banks employ trying to make people give up fighting them?

     

    I always thought if the F.O.S upheld your complaint that was a legal ruling but apparently a complaint has to be upheld by an Ombudsman to be of any use.

  7. Any DCA would be foolish to attempt court action now and if no payments have been made since 2009 the debts become statute barred in 2015.

     

    CCA available or not no court action.

     

    I've just been reminding them of the CCA requests when they bother me and was planning on playing letter tennis until 2015 but if thats the case I shall just ignore them from now on!

     

    Learn something new everyday on here.

  8. If the default was in 2005 court action is not a possibility, the Limitations Act 1980 states in simple terms that no action should be brought after 6 years from the date of the cause of action (the default date.)

     

    I never knew that.

     

    All of my defaults were from 2005/06 and I continued paying until 2009 when I started asking for CCA's. So does that mean if they managed to find a valid CCA now its too late to do anything as the debts have dropped off my credit file?

  9. I have a thread in the Barclaycard forum where a few months ago i won my unlawful charges claim against them. Part of my settlement was BC removing the default as they told me they had bought the account back off Lowells when i started my claim.

     

    After the claim had been settled I applied with my bank for a credit card and overdraft as i should have had a clean file only to be turned down and told to check my file. Lowells had re-added the default as BC had not completed the purchase of my account or even notified them the debt didnt exist anymore. Bc only sorted this out after i made a complaint to them.

     

    I settled my claim early for a lower amount with BC in the belief that they held my debt, yet it was still Lowells account at the time. Having made a complaint to BC for compensation for damage to my credit file i have been turned down using Kpohraror as that was a business claiming damages and have now been told that Durkin vs HFC is irrelevant as that is not binding in England.

     

    Does anyone have any advice about starting a claim for damages as BC misrepresented how they were handling my original claim, caused me to be turned down by my bank for credit and are adamant that i have to prove financial loss and the cases i quoted are pointless.

  10. Barclays again rejected my complaint stating that Kpohrarer has no legal standing in my argument as that was a business cheque that bounced. I've sent an email today quoting Durkin vs HFC as well but i think it's time to start preparing a court claim as i suspect they will say Durkin has no relevance to my complaint either.

     

    On the plus side i received a letter from Lowells showing a 'timeline' of how my account was handled when Barclays were repurchasing it and it shows they did not notify Lowells that my account had been cleared until i had made a complaint. Combined with BC's original letter apologising for any inconvenience this default caused i cant see how they can now not accept this mess is all their fault.

     

    I have also had letters from Tesco and Natwest confirming my credit card applications were unsuccessful when i applied, before i found out the default had been re-added. Natwest is pretty telling as they specifically state the reason my application failed was because of my credit file. After checking Experian last week which now shows a score of 975 i think its safe to say Natwest would have issued me a card if that default hadn't been showing.

     

    So i've sent all this information off to BC and now i'm waiting for them to turn down my complaint again!

  11. I recently contacted Noddle to find out the exact details of who was reporting an account over the last few months but was told they could only tell me details of my file for this month.

     

    If i sent them a SAR would that provide the details i want of who was reporting an account each month? Surely they don't just delete the old records when the files are updated every month?

  12. The creditor decides when and if a cause of action results in a default being made on an account, the ICO Technical Guidance on Defaults says defaults SHOULD be placed within 6 months of the cause of action!!

     

    Has the ICO got the power to order creditors to adjust their entries if they fall outside their guidance?

     

    Or do creditors decide themselves whether to abide by the guidelines and take notice of the ICO?

     

    It doesn't seem right to me that there isn't clear specific rulings on actions that can affect someone so severely with regards to defaults.

  13. Have just checked and I made the last contractual minimum payment required in May 08, paid some random amounts for a few months after that, then £1 from November onwards so think it's fair to say a default should definitely have been recorded...

     

    If my maths are correct you should have been defaulted by Jan 09 at the latest, nearly 4 1/2 years ago!

  14. Being issued a default notice is totally different to an actual Default being recorded on your credit file.

     

    I was issued 4 notices that i never settled before finally being Defaulted. To quote a BC 'high-level complaints manager!' i spoke to last year, 'a default notice is only classed as an advisory letter and the company issuing it does not have to act on it if you fail to bring your account up to date'.

     

    I believe your true Default date that should be recorded would be 6 months after you started making reduced payments as technically that is when your account went into Default.

  15. When you stopped paying the proper amount each month did you go straight onto making token payments?

     

    I was told it had to be no payment at all and no reasonable contact with them for 7 months before they issued the default.

     

    Although this doesn't really make a difference overall as at the time i was told this i wasn't aware of the ICO statement above i just quoted the ICO default guidelines at them and was happy they backdated 6 months. Had i known of that statement i would have argued for it to be backdated a lot further.

     

    There are a lot more knowledgeable people on here than me to advise you of what your next move should be but it seems unfair that if you paid your debt off tomorrow it would still show for 6 years yet if it was defaulted to the correct time it would be clear in half that.

  16. This is the ICO statement i used.

     

    This was from another poster on here who made a complaint that they were Defaulted years after an arrangement to pay was set up.

     

    “When someone defaults on an account and is only able to make token

    payments, the default should be placed on that persons credit file

    there and then, regardless of whether they are making the token

    payments or not. It is not acceptable some years down the line to

    place a default then, as using the fairness test, the person who

    didn't pay at all is obviously in a better position than the person

    who did.”

     

    Not sure if it has any legal standing but mine was backdated within a week of using this. (Although i did go straight to the top and complain to the CEO's office!)

  17. I recently got a Lloyds Default backdated by 3 years as i had been on an arrangement to pay for longer than that before they finally Defaulted me and got Barclaycard to backdate by 6 months as the Default should be applied within 6 months of the cause of action and they took 12 months to Default me.

     

    So if they do turn round and Default you now you can argue that it should be backdated to within 6 months after you first started making token payments as that and a DCA being involved are clear indicators of a defaulted account.

  18. Just a quick update on this,

     

    I've sent Barclays a SAR specifically requesting all information they hold about me in regards to my recent claim against them as i am going under the assumption this will end up with the courts again.

     

    Although they were quick to dismiss the Kpohrarer vs Woolwich Building Society case i quoted, i have again referred to this in my latest letter to them regarding the damage to the reputation of the Claimant in that case, caused by the wrongful action of the bank in handling his financial affairs.

     

    I have given them one more chance to settle this before i start legal action and seek a lot higher damages.

  19. They did remove their entry, but because they didnt complete the purchase of my debt back from the DCA, lowells started reporting it again. When i complained last month BC contacted Lowells and told them to remove the debt. So when BC were reporting on my credit file they didnt actually own the debt.

     

    Although i think the FOS and ICO should know about this im inclined to go the legal action route as i settled the claim early for a lower amount because of what they told me so i think im at least entitled to claim that amount.

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