I have 2 defaults on a zero balance

[scarlet]

Please can somebody give me some advice?

I paid off a large barclaycard bill in Oct however the next bill I had showed an interest balance of £84. I rang Barclaycard and they apologised and said even though I had paid the whole bill off I still owed the interest which would show on the next bill. I was lucky enough to argue it and they removed the interest, or so I thought. The following month I recieved another bill with interest of £100 a late payment charge of £12 and a default as I missed a payment. I went mad and rang again after a lot of arguing and explaining they apologised again and promised to remove all charges, default and balance or so I thought!!. Along comes this months bill with yes you guessed more interest another late charge and another default. I rang again and spoke to another jobsworth and his manager and he also said he would remove everything. A couple of days ago I recieved a debt colection threatening letter for £10.00 arrears on a zero balance. I rang Barclaycard and my balance is now nil however I must pay £10.00 (Two months minium payments of £5.00) or the debt collection agency will be making a visit. Also they are asking for another £5 minium payment for January. The woman on the phone told me to ignore it. I rang Barclaycard a couple of hours ago and they say I still owe it. I paid £15 over the phone but need to know what to do about the incorrectly posted defaults and £15 which I had to pay just to stop the DCA calling. I have spent about £20 in phonecalls to Barclaycard in 4 months.

Edited April 16, 2009 by scarlet
updated

[clemma]

bump

[slick132]

Hi Scarlet,

 

Have you checked your credit records to see if any defaults are actually showing.

 

You really need to know this to ensure you know what you want BC to remove from your history.

 

First off, I'd put your complaints in writing to BC giving a brief summary of events to date.

 

Tell them you require written confirmation that the a/c balance is showing as zero (or is there now a credit in your favour because of the pay'ts made). Or, if there's a credit on the a/c, tell them you require immediate repayment of this sum, together with compensation for all the stress and phone charges this has caused.

 

If there are any negative markers on your credit history, demand that they be removed immediately.

 

I don't think you should have paid the £15 by phone - however, it's done now.

[scarlet]

I got worried so paid the £15 however just rang Barclaycard and automated service said I still owe £15. So spoke to an advisor who told me that card was in credit of £15 and ignore the automated service.

Still not sure who to believe. I had to consolidate this original card debt of 8K with a loan so I thought I would be able to sleep at night. Wrong!!!

 

Thanks for your advice I will write a letter this weekend.

[scarlet]

I received a letter last week from Barclaycard. They have not apologised and they did not mention any defaults. They have just put £125 on my credit card. I have not used the card since I paid it off. They say it is the final response. What do I do now? How do I get them to remove the defaults. I have already threatened court action so could someone please tell me what I can do.

thanks

[slick132]

Hi Scarlet,

 

Have you checked your credit files to see if there are any Default or late pay't markers which should not be showing.

 

Have you rec'd a full refund of any penalty charges which were made.

 

You need to check your recent statements to see they've refunded all penalty chgs. If not, list them on a SOC and fire it of with a reclaim letter.

 

[scarlet]

Hi Slick,

Yes the credit file shows that I missed two payments. There is no mention of default so I suppose it can't have defaulted. However I really need to clear that as technically I didn't owe anything therefore I never missed any payments. I have previously claimed for recharges which I got back in 2006 (about £100+) and they took off the last two late payment charges in the end. I have sent two letters asking for my credit file to be adjusted and they have ignored me and just offered me £125 as goodwill. What I would like to do now is take this to court but I don't know what the next stage is. I am not after any charges I just want this case to go further as it will effect my credit rating an I am studying to be an accountant. Any help is appreciated. thanks

[slick132]

Hi Scarlet,

 

I assume, from your reply, that all penalty charges have been refunded.

 

If your credit record shows that 2 pay'ts were missed by you or paid late, you need to take this up with BC and get the credit records corrected.

 

I'm moving your thread to Data Protection and Defaults Issues forum where you should get the help you need.

[scarlet]

I have requested in writing twice for my credit file to be amended but they seem to think the £125 is sufficent and will not discuss the incorrect late payment marks against my name. Can I now file a N1?

[slick132]

Hi Scarlet,

 

I left this last night to see if anyone else had suggestions - alas none.

 

Can you confirm why they offered the £125 goodwill.

 

Or was this in fact full or partial repayment of penalty chgs.

 

[scarlet]

They gave me the £125 just as a Goodwill gesture as in my letter I had told them how stressed I was with their error. However in their reply to me they said that they were crediting the credit card with the £125 but they did not mention my complaint or the bad credit they have put on my name. There is no bank charges involved in this case.

[slick132]

I think you should write one further letter to the CEO's office along the following lines:-

 

J Varley Esq, CEO

Barclays Bank PLC - Trading as Barclaycard

1 Churchill Place

London

E14 5HP

Dear Mr Varley,

FORMAL COMPLAINT

Account No: xxxx xxxx xxxx xxxx

I regret having to contact you but cannot get a reasonable response from your staff.

Last October, I paid off my BC account but, for some reason, incurred an interest charge the subsequent month. When I contacted BC about this, it was agreed the interest would be refunded.

Clearly this was not properly dealt with and my next statement showed further interest payable along with a late payment charge of £12. I again had to complain and was told it would all be sorted.

However, in January, after this was still not resolved, I was threatened with collections proceedings and agreed to pay £15 by phone to avoid further problems.

I then wrote to BC on xxth January setting out my grievances - a copy of this letter is enclosed.

I was offered £125 as a Goodwill Gesture but have been unable to get any reply regarding the removal of the late payment markers from my credit files.

I would like these negative markers removed from my credit files.

I fail to see why such a simple matter is so difficult to resolve. I should not have to endure the stress and inconvenience of trying repeatedly to explain all this to your your staff, only to have them ignore my reasonable requests.

I now require that the negative markers be removed within 14 days or I will start court proceedings to rectify this matter, without further notice.

** - see below

I sincerely hope this will not be necessary and look forward to your prompt reply.

Yours sincerely,

Scarlet

** If you're happy to leave the credit on the BC a/c, fine.

 

If not, add a further para to the letter:-

I would also like the credit balance on my account to be (repaid to me by cheque / credited to my Barclays bank account no. xxxx xxxx at sort code xx-xx-xx).

[scarlet]

Well I had enough of Barclycard so I filed a N1 against them for removal of two missed payment markers and damages including court costs £75 and postage etc.... They were served with the papers on 6th April and replied back to court on 9th with defence of full claim. I cannot wait until the day I go to court. I have paper evidence that I did not owe anything for the two months yet they still think they are in the right. I don't expect to win damages for the stress caused as I believe you have to have financial lost and I haven't but I want my credit file cleared. I want my day in court to show Barclaycard that they cannot mess with peoples future. I am hoping though seeing as they only had about two days to look at the paperwork before they filed a defence that when they go to submit their defence they will realise what a mess their customer service staff have made. Any advice as this was nothing to do with bank charges just a computer error on their part.

[slick132]

Did you get any response to the letter to Mr Varley's office.

 

[scarlet]

Hi Slick,

 

My internet connection was playing up at the time so I filed before seeing your response so it was too late. I wished i had seen it but its too late now. Thanks for your time anyway.

[slick132]

You're v welcome.

 

This will get sorted, by one means or another. You could still send the letter to Varley's office, amending it to show that you have already started court action. It may lead them to resolve the case for you more quickly.

 

Read up on Defaults in the Data Protection and Default Issues forum, in readiness for your next moves.

[scarlet]

Thanks again slick. I will keep you posted.