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suekelly

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About suekelly

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  1. Don't you believe it!! I've had three entries on credit reports that have appeared from nowhere. Also I know that Eon report their accounts on Equifax so I'd be surprised if the other energy companies don't. look to see if there are any searches on your file. If someone looks at your records they leave a "footprint". If a debt collector does this then it says exactly that - enquiry by debt collector. i've been told - don't know how true this is - that a search by a debt collector stays on your record for six years!!!
  2. Just wondered if there'd been any further developments in this case.
  3. Also, it just occurred to me that the argument that the CRA's put forward that they don't hold the records for any defaults after they've disappeared from your accounts is ridiculous. I'm sure, like every other organisation, they are obliged to hold onto data for six years. Send them a SAR and you'll see what info they hold on you. They don't like fulfilling these and try to get away with sending you a credit report but stick to your guns. You'll have to send them £10 for the information. I've done this and I know that they keep information long after it's dropped off your credit files.
  4. Barclays really do think they operate outside the rules - as others have commented. The argument they put forward that a default notice was issued but not actually enforced it is a red herring in my opinion. The ICO state that if you default on a credit agreement then the creditor should default the account after 3 months. Are Barclays seriously implying that this account has not been in default all these years? I had a similar experience with them. They applied a default to my credit reference accounts almost three years after I defaulted. When I complained (consistently over a period of 12 months to anyone who would listen), they agreed that this was a mistake and that they'd remove the default from my credit reference details. However, they then put an Arrangement to Pay on each of the credit reports. I eventually rang someone at Barclaycard and after looking into it - and following a threat that I would take it to the FO - they agreed that they'd made a mistake and removed them all. I also got a compensation payment from them as a "goodwill" gesture. Don't let them get away with this. What they have done is totally wrong and both the ICO and FO would back you up on this. And as the Brigadier rightly states, as the account defaulted in 2004, no-one can put anything at all on your credit records as 6 years has elapsed.
  5. Thanks for your response DX100uk. First one relates to Lloyds TSB. SAR'd them in June 2012. Received a pile of papers at the beginning of October. They sent me details of a loan and credit card I have with them but no information at all on the current account with the large unpaid overdraft. I'm just writing to ask them them why not! Wanted to know if they are likely to come back to me and tell me they don't have to provide this information as the default was served almost 7 years ago. Also been paying a monthly amount to BLS since the beginning of 2006 - mostly a token payment of £1 but did pay £18 and £30 a month a certain times. I stopped payments in Aug 2012 when my SAR request timed-out. I've not re-started the payments. In addition, I've not received any statements from either Lloyds or BLS since April 2006 when it was passed to BLS. Second one related to Egg. I mentioned this in another post in answer to someone else experiencing problems with this bank - this is copied from that post: I'm also experiencing the same problems with Egg. I sent them a full SAR in June for two loans and a credit card. They sent me the same letter you received stating that they didn't have to send me an executed copy of the credit agreement for the credit card only as the account was closed. In fact all the account are closed as far as I'm aware! I'm sure this is their standard response to all SAR requests. The credit card debt was in fact incorporated into the second loan (as was the outstanding balance on the first loan and PPI). The second loan was taken out in 2005 after I called them to advise that I was struggling with payments of the first loan and credit card. They responded by pushing this loan on me which admittedly had a lower APR but was for £15,000 more than I already owed. Lots of issues here but the main point is that five months down the line, they have ignored all my follow-up requests regarding the SAR. To complicate things, the debt was allegedly sold to Apex in 2010 (defaulted in 2005). The first I knew about this was when Apex started chasing me. I paid Apex a token payment for a couple of years but have stopped now - this was before I'd read all the information about DCA's on this site. They sent me the "Assignment documentation" when I requested proof that they'd purchased it. This consisted of a dodgy letter on Egg letter-headed paper and a letter from them - both dated 2010. They are now threatening to go after a CCJ for non-payment. I sent them a full SAR request too on the basis that as they'd bought the debt, Egg would have passed all the paperwork onto them. Not the case apparently. They advised me that they were only given enough information to chase the debt - whatever that means! I've since sent them a CCA request but they've ignored this. I suppose the next step is to contact the ICO? I'm also considering a claim with the Financial Ombudsmanicon for mis-selling the loan (lots of reasons why I think this might be worth doing). Sue
  6. Hi Brigadier, The point I'm still not clear about is.... I'm aware that banks have to keep details for six years. But, if it is over 6 years since the account was closed but there is still a debt outstanding that they're chasing, would they have to keep the details including statements of what the debt comprises? Also, if the second loan (a consolidation loan) defaulted over 6 years ago which, when taken out, compromised of a previous loan and credit card debt from 2001, would they still have to keep this information too? Can you see where I'm going with this? Technically, all these accounts are over 6 years old so are you saying that the bank does not keep anything that dates back further than 6 years? In which case, how can they prove that the debt exists and that the amount they are chasing is correct? Thanks.
  7. Hello, A couple of questions: 1. How long do banks keep statements for bank accounts where the account is closed following Default but a debt is still outstanding from an overdraft? 2. If a consolidation loan taken out in 2005 (defaulted same year) replaces another loan and a credit card debt with the same company, will the bank have to produce details of all these accounts under a full SAR request? I've been through tons of posts on the forum but there is so much conflicting information, it's difficult to know what is the true position. Thanks in advance.
  8. Hi Phil, I'm also experiencing the same problems with Egg. I sent them a full SAR in June for two loans and a credit card. They sent me the same letter you received stating that they didn't have to send me an executed copy of the credit agreement for the credit card only as the account was closed. In fact all the account are closed! I'm sure this is their standard response to all SAR requests. The credit card debt was in fact incorporated into the second loan (as was the outstanding balance on the first loan and PPI). The second loan was taken out in 2005 after I called them to advise that I was struggling with payments of the first loan and credit card. They responded by pushing this loan on me which admittedly had a lower APR but was for £15,000 more than I already owed. Lots of issues here but the main point is that five months down the line, they have ignored all my follow-up requests regarding the SAR. To complicate things, the debt was allegedly sold to Apex in 2010 (defaulted in 2005). The first I knew about this was when Apex started chasing me. I paid them a token payment for a couple of years but have stopped now - this was before I'd read all the information about DCA's on this site. I sent them a full SAR request too on the basis that as they'd bought the debt, Egg would have passed all the paperwork onto them. Not the case apparently. They advised me that they were only given enough information to chase the debt - whatever that means! I've since sent them a CCA request but they've ignored this. I suppose the next step is to contact the ICO? I'm also considering a claim with the Financial Ombudsman for mis-selling the loan (lots of reasons why I think this might be worth doing).
  9. Thanks Slick Will bear in mind what you said. Good not to be too trusting as you say. Now to tackle problems with Egg/Apex.
  10. You can't agree to a contract if you don't know the terms! I have also experienced situations like this in the past and it is so frustrating. As they actually stated that the "admin fee" was specifically for the tenancy agreement and credit checks then how can they not let you have sight of the Agreement before you have to sign it? As Mariner51 rightly points out, both parties to a contract should be able to negotiate the terms and if they are not agreeable then both parties should be able to walk away. When I was asked to see the Tenancy Agreement before renting a property not too long ago, the Agent actually told me they were unable to let me have sight of it because they'd be contravening the Data Protection Act!!! One of the very few times in my life when I was actually speechless!!! I'd also bet they didn't produce or ask you to sign a "contract" with them for the "non-refundable admin fee" - i.e. what was the fee for, were there any circumstances that could arise where it might be refundable - for instance, if the landlord decided not to let it to you for reasons other than a poor credit report, etc. I would tell them that you are not willing to sign the Tenancy Agreement until you have all the facts. If they are still being uncooperative then I think you will have to demand your £250 back and threaten to report to them to Trading Standards (reporting them to ARLA or any of the other organisations these agents align with is, in my opinion, and through my own experience, a complete waste of time). Even though this may mean losing the property you want, it's better to be clear about what you are committing yourself to now rather than when they start asking you for more money and making unreasonable demands further down the line.
  11. Hi Slick132, No, she didn't. But, the compensation she mentioned was in my bank account the following day! I've also managed to get Lloyds TSB to remove an incorrect default notice from the CRA files and Eon a late payment entry which was down to them not collecting a D/D payment. This was as a result of being sure of my facts and persevering.
  12. Hi All, RESULT!! Having followed advice to put everything in writing and not getting very far, I decided to try one last time to sort out the incorrect entry on my CRA files by phoning Barclaycard. I called and explained that I wanted to clarify a couple of points about my default and arrangement to pay so that I could explain the problem clearly to the ICO when I raised my claim. They immediately put me through to a manager who listed to my questions and then said she'd call me back. Less that two hours later, she called back. She was extremely apologetic about the way my complaint had been dealt with and agreed to remove the arrangement to pay entry from the CRA files immediately. Also as a "goodwill gesture" I've been offered a generous amount of compensation for my distress and inconvenience. Next step is to put in a claim for PPI and charges. There isn't anywhere on the copy of the application form that mentions PPI. It also clearly states on the computer printout I've been sent following my SAR request, that no insurance had been requested. When I've checked through the statements I've been sent, it seems Card Payment Protection was charged for four months, then there's a break of a couple of months before they started charging me for Accidental Death Cover. A couple of months later, they started charging me for PPI again! I'm also going to send a CCA request to see if I can get hold of the credit agreement. Will keep you informed! Sue
  13. Hi Ros, Good luck!! They are obviously using this as a ploy to avoid dealing with the massive holes in the information they're providing under a SAR request. I'm now in the process of writing to the ICO to complain about their entries with the CRA's. At least that will give them something to think about. I've just been looking for a phone number to see if there is someone who can tell me how to get past the "phantom standard letter ticker" but haven't had much success Might also find an isolated spot and scream at the top of my voice to dispel some of the frustration I'm feeling.
  14. I see what you mean. If you look at the copy of the application form they sent me there is no mention of PPI. I could argue for the refund on that basis alone couldn't I? Having said that, when I applied for the card I was self employed so maybe I submit that as a reason for a refund as well. I do have all the statements I need to reclaim PPI. However, the majority of the amount they charged me was for excessive charges - even after the account had supposedly been closed! I think, on reflection, that I should put in a court claim for both the PPI and court claim costs now. I'm also going to write to the ICO about the incorrect CRA entries. Thanks for your input slick132 and renagadeimp. It's good to get another opinion on things as you often end up getting bogged down in the mire and can't see the wood for the trees .
  15. Hi renegadeimp They won't correspond with me! They've sent the same letter back four times. Not sure who to write to to get anywhere. Is there a formal template I could access and send? And who should I send it to if the Data Controller won't deal with it?
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