Ok this is an update,
I emailed Barclaycard and they said as I do not have an online account I can't register a complaint with them,
I didn't think that should be right
I pushed that and they said I could write to them and gave me an address to write to
which I will do rather than phone them.
Any advice on what I should say in any written communication with them?
In the meantime I have sent this letter below personal (details removed) to Robinson Way:
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I have no knowledge of any such debt being owed to Barclaycard
on the basis of not having one nor have I applied for one.
The first contact I received from you was in the form of a work payslip
which contained no detail about what you were contacting me for, who you were or what you wanted.
As I get [problem] emails all the time I naturally ignored it
much like the emails I get from Nigeria asking for my bank account details.
The next contact I got was a letter from HPH2 advising Barclaycard had passed that onto them,
and you at Robinson Way would be administering it for them with no details how to contact you.
I then got a notification from the credit reference agencies advising me that HPH2 have registered a default against my credit report.
I have checked this with Experian, Callcredit and Equifax and this default was apparently logged last year in 2015.
This is not true as it has only appeared on my credit report in the last week.
How this has been lodged against me I don't know, as HPH2 who you work for has accessed my credit report
you must therefore be able to see all of my details and financial accounts
and you will see I have not had a Barclaycard and my credit report does not have a single late payment on it for anyone ever.
I trust this is a mistake in transferring information between companies and can be sorted easily,
however, after looking online to make sense of this and learn about what has happened
and have read many reports about what an unscrupulous company you are
and that I am not the only one you have done this to
and you have a reputation for doing this to people.
I was unable to contact you to correct this mistake until the letter I have received 19/05/2016 dated 12/05/2016.
Based on what I have read I have decided to respond only in writing
so I can keep records of this as I will take this further if it is not corrected.
I have familiarised myself with the Financial Conduct Authority (FCA) consumer credit sourcebook which states the following rules.
“Disputed debt .... (1) A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds. “7.141
“Valid grounds for disputing a debt include that: (1) the individual being pursued for the debt is not the true borrower or hirer under the agreement in question; or (2) the debt does not exist; or (3) the amount of the debt being pursued is incorrect. “ 7.142
“Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement. “7.143
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3*
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 therefore like you to do the following:
1 -I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.
2- You respond appropriately to the disputes I have raised with Experian, Call Credit and Equifax and remove this incorrect default from HPH2 from my credit file.
3- You also update any other credit reference agencies you may have incorrectly lodged this debt against my name for,
4-I have no desire to get into a game of correspondence with you, I have no knowledge of any debt owed by me to anyone. So please ensure any response you make is your final response.
I await your written response in full to all the points raised as well as confirmation that this matter is now closed.
Should this not happen, I will have no option but to make a complaint to the Trading Standards Department
and consider informing the FCA of your actions.
As well as the Information Commissioner's Office and my local MP.
I look forward to hearing from you.
I have received a response from Equifax when I disputed the default on my credit file which is below:
Thank you for getting in touch.
Hoist Portfolio has investigated your query and have told do not hold any details of another person being liable for this account.
However, they have asked that you may contact Barclay which is the original creditor of this account
using the following details if you think you have been a victim of fraud.
Phone: Barclaycard fraud department on 0800 318 665.
The note that we added, stating that your information was in dispute will be removed within 24 hours.
You’ll find more information about your credit report at: (equifax website) .
If you have a question, you should find the answer in our FAQ section.
If not, you can send us an online query, and attach your documents to it
– no need to worry about them getting lost or delayed in the post.
I hope you find this useful. If there’s anything else we can do for you, please let us know.
Equifax Customer Services
I have sent this in response in anger:
I am not satisfied in anyway with this response,
I have contacted barclaycard and they have stated that as I do not have an account
I cannot lodge a complaint with them unless I set one up.
I do not feel I have been a victim of fraud in anyway.
I have had no post from Barclaycard, I have had no contact from Barclaycard. I have had no statements ever.
I have had no record of this appearing in my credit file at any point ever until last week
and the record they have states that the account was opened in 2009
and a default lodged in 2015.
If this is correct who has accumulated this alledged debt,
and what has happened between 2009 and 2016 to get to this point.
If these two events occurred when they say that they did, why have they not appearred sooner?
This bring the credibility of this data into question.
I understand as the credit reference agency, you do rely on the alleged creditor to remove the default
however you do have responsibilities yourselves.
I have checked this matter with the Information Commissioners Office and their website states
" If you have contacted the credit reference agencies and the original lender
and there is an obvious inaccuracy which they are unwilling to correct
then you may wish to report your concerns to the ICO.
Please note that it's not our role to decide on financial disputes."
And I will be doing this, they also state
"As a general rule, if the entry you are looking at has the name of a company on it,
it’s likely to be that company who is responsible for that entry.
The CRAs cannot amend this data without the permission of that company.
Having said this, we still expect the CRAs to take reasonable measures to ensure the information
that is reported by lenders via their credit files is accurate.
The information that is generated by the CRAs and for which they are responsible,
includes financial links, linked addresses and alias information."
What measures have Equifax taken to ensure this data is accurate?
What evidence do you have of any financial links?, linked addresses? and alias information?
I will take this matter to court if it is not resolved and both you and this alledged creditor refuse to rectify this matter.
What proof have you seen that this debt it mine?
If you have such proof why do I not have this proof?
The reason being it does not exist.
I want this to be but back to the company who has registered this default to prove the accuracy of this data
which they have to do before asking someone to pay.
I want the next response from you both to outline any escalation routes and also be your final answer.
As you are both so sure of the accuracy of this data it should be no problem at all
for you to give your final response in your next reponse and I will take it to the Financial Conduct Authority
and the Information Commisioners office, and then court if needs be and I will be seeking compensation.
I thought this matter would be quickly sorted as a simple mistake,
I'm starting to think this is going to be very difficult and time consuming.
I was literally going to take out a mortgage in a few months time
and that plan has now been completly scuppered for god knows how long.
Any advice on what to do next and any next steps appreciated.