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About licensedkexy

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  1. Hello Guys Long post incoming, but I’m really hoping someone can find the time to help me out with this situation, any advice is much appreciated. Background and History to Date July 2008: 2x Accounts Opened with Barclays Bank (1x Joint Account and 1x Personal) Between 2008 and 2010: £200 was drawn on the Personal account using the 0% overdraft facility 2011: In a branch, both signatories of the Joint Bank Account asked for it to be closed and all associated accounts also closed and provided new contact details August 2013: Charges started to be added to the Personal Account January 2015: Termination notice served to my old address May 2015: Default added to my Credit File for £359 (default date listed as January when the Termination notice was sent) To my gross misfortune, I spotted the anomaly on my credit report a mere week after they had sent the default information to the credit reference agencies. I paid the full amount in full within 2 days, after first trying to negotiate removal of the default mark. Barclay’s claim that they were never given my new address and therefore they did everything in their power to get in touch with me, including phoning me, again on an old number. I have no proof that I provided their adviser with my new address. Correspondence to Date I sent the below letter. Barclays responded as follows they sent regular letter to my home address and that as they didn’t receive a response to the termination letter, they were left with no choice but to place the default notice on my credit file enclosed a “copy” of the termination notice that was sent to me advised that as the default notice is factually correct they are unable to remove it advised I have six months from the date of their letter to escalate to the ombudsman, if I escalate any later they will not give permission for the ombudsmen to access my data Questions What are the difference between a Termination Notice and a Default Notice? Are they legally obliged to serve a Default Notice? The Termination Notice they sent does not include a reference to section 87(1), does it have to? Is it reasonable to argue that they should have tried to contact me by email or by writing to me at many of the up-to-date addresses listed on my credit file? Should I demand a copy of the original signed agreement? Would this help net me anything? Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address? Do I only have 6 months from Barclay's letter or can I send them a few more letters and have time for them to respond before escalating to the ombudsman? Next Steps.... I was going to try the below next steps, are these a good use of time – any suggestions or builds? Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address? Ask for a default notice, not a termination notice – demand the default be removed if this was not sent. Demand a copy of the original, signed agreement. Is there any route or argument that since the last transaction was before 2010, the default notice should apply from then and not 2015, when they decided to “cash in” so to speak? Panic and cry.
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