Barclays Resolve Loan

[cerberusalert]

You could defend on the basis that the DN is defective by one day, but it would strengthen your case if it can be determined what dates the strikes occurred during that period. Hopefully there was one at the time of posting.

[championless]

I've had a look round and am unable to find anywhere that reports on strikes. Is it definintely 4 days for service? Does it matter that xmas was in between? Do i get more days?

 

How would you suggest i proceed?

[cerberusalert]

I've had a look round and am unable to find anywhere that reports on strikes.

Christine Buckley there was one planned for 19th Dec but it was cancelled AFAIK but there was still a backlog of mail from previous strikes.

Is it definintely 4 days for service?

If it was posted second class yes. They would have to prove it was sent 1st class.

 

If they send an unlawful DN then terminate the account they are in breach of Section 87 (1) of the CCA 1974. The reasons for the DN being unlawful can be found in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222021-creation-consumer-finance-taking-3.html#post2461953

[championless]

Sorry to be a huge pain, but are there any templates for writing to them regarding this particular issue?

[cerberusalert]

Until they terminate the a/c you should not make them aware of the defective default notice otherwise they can just re-issue another.

[championless]

How will i know that the account in terminated?

[championless]

On my credit report, it shows a number 8, which says "The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended."

 

Does this mean it has terminated?

 

I'm going to send a SAR today, along with the letter about my account number not matching to the one of the default, does this sound like a reasonable approach to you for the moment, or should i put in a letter regarding the dates as well?

[championless]

Just noticed it states on the default notice that they would terminate the agreement after 28/12/09.

[championless]

I've received information back from Barclays following my SAR. I've received:

 

8 Fiched sheets of figures relating to the account from Jun 05 - Oct 08 (At the bottom of this it states account closed and the balance shows zero. It says this exactly "STMT Produced 13 Oct 08, Reason - Account Closed, STMT SHTS 00007 to 00007,Central 2nd Cl, STMT Addr - As per a/c heading")

 

A blank 'form of agreement' as shown earlier in the thread

 

AND Statement information relating to the account number i don't recognise.

 

It looks like that at some point in Oct 08, they decided to change my account number and sort code without telling me. I also sent the letter suggested above about the account numbers not matching up. I sent this to the data exceptions team. They sent me a letter stating that they could not deal with my case and referred it to retail banking customer services (who have since said it will take until at least 1st June to get back to me, can they do that if i asked them to remove the data from my report within 14 days?)

 

But that's all that was sent. Shouldn't they have sent me more than this? Like a copy of the supposed default? Notes on the computer systems that they hold about me, etc?

 

Any suggestions about next steps?

[championless]

I'm pretty sure what they've supplied is, compared to what i've requested in the SAR, massively inadequate!

[slick132]

You can write and tell them that, while they review your case, you want the CRA's to show that the adverse data about the a/c is in dispute.

 

Also, if there's specific data which is missing (DN, Termination Notice, Notice of Assignment, etc), tell Barclays you think the following items appear to be missing and that they should forward them within 14 days.

 

If they don't comply, a formal complaint will go to the ICO and you may take county court action to force disclosure.

 

[championless]

I've had the following letter from Barclays yesterday in response to me asking for the rest of the information on my account following my SAR 30 days ago:

 

-----------------------------------------------------------------------

Dear Championless

 

We write further to your letter of 13 May.

 

As regards your earlier letter of 26 April, we apologise that this was construed as only relating to account XXXXXXXX.

 

We can now confirm however, that further enquiries to obtain additional information will be progressed by across the Bank. In consequence, the material that qualifies for disclosure as your 'personal data' will be supplied within the statutory 40 calendar day period.

 

Please be aware however that not all information is covered by the data protection act and some information may be exempt from disclosure.

 

Yours sincerely

THE MANAGER

Barclays Data Protection

-----------------------------------------------------------------------

 

Any suggestions for a reply or shall i just wait and see what comes back from the SAR?

[slick132]

Wait and see if they now supply the outstanding data that you want.

 

[championless]

Right, it's been more than 40 days since my original letter. What do i do now? Or do they get another 40 days after writing this a while ago?...

 

-----------------------------------------------------------------------

Dear Championless

 

We write further to your letter of 13 May.

 

As regards your earlier letter of 26 April, we apologise that this was construed as only relating to account XXXXXXXX.

 

We can now confirm however, that further enquiries to obtain additional information will be progressed by across the Bank. In consequence, the material that qualifies for disclosure as your 'personal data' will be supplied within the statutory 40 calendar day period.

 

Please be aware however that not all information is covered by the data protection act and some information may be exempt from disclosure.

 

Yours sincerely

THE MANAGER

Barclays Data Protection

-----------------------------------------------------------------------

[slick132]

Hi Champ,

 

I'd wait for their reply, but chase them up if they take more than two weeks from now.

 

[championless]

Hey Slick

 

I received a large jiffy bag today FULL of data following my SAR. I've had a quick sift through. For starters, there's no default notice nor, from what i can tell, any notes on when it was supposedly sent. Secondly, it refers to only ONE barclays resolve account, closed with a zero balance. No mention of another account set up which they transferred a balance to.

 

I'm kind of struggling to tell what i'm looking at due to the sheer amount of data, but i'm sure there's no default and no second resolve account. There is also no true copy of a credit agreement or my consent to use/share my data.

 

Any suggestions on next moves?

 

Thanks as always

Championless

x

[slick132]

You'll have to carefully go through what has been provided, to identify what has not.

 

Then write back giving them a final 14 days to provide X, Y and Z, failing which you'll file a court claim to force disclosure and report the matter to the ICO.

 

Remember they are not likely to send a credit agreement in response to a SAR and they have no duty to do so.

 

[championless]

What would happen at court? Would it be to just force disclosure of the missing information, or could i add on that they've placed an illegal default?

[slick132]

If you have no joy in getting the data you feel they should supply, you can complain to the ICO or you can try to force the bank's hand using court proceedings.

 

The court proceedings would be for the disclosure only, at this stage. The proceedings should be quite simple and you can read up on this in the Bank Templates Library. Item 20 or thereabouts.

 

Edited September 20, 2010 by slick132
typo

[championless]

Hi Slick

 

I've drafted the letter below. Can you suggest anything to beef it up a little or will this be sufficient?

 

----------------------------------------------------------------------

Thank you for your letter dated 01 June 2010. You mention in your letter about the default entered on my credit file for account XXXXXX XXXXXXXX. I am not familiar with this account, I never asked for it to be opened and am unsure as to why it exists.

 

Following a recent subject access request, the account I was previously familiar with for the Barclays Resolve was Account Number: XXXXXXXX Sort Code: XXXXXX and was closed with a zero balance on 13 October 2008, as shown on the attached sheet. I have also attached a print out, sent to me following my subject access request, which shows that the account I am familiar with is a completely different account number and sort code than the one you have issued a default against.

 

Therefore, please could you explain what this account relates to, as again, I am unfamiliar with it and I believe that this default has been registered in error? Due to this error, I request that you immediately remove this default from my credit report.

---------------------------------------------------------------------------------------------------

[slick132]

The letter looks ok but you could maybe add some references to the CCA 1974 from the Default Removal forum threads.

 

Also, if you are still missing data on an a/c which you know existed, should you not ask them for the additional data that you want.

 

[championless]

I've sent the following letter in response to the missing data...

 

-----------------------------------------------------------------------

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account Number: XXXXXXXX Sort Code: XXXXXX

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 26 April. The disclosure of personal data is incomplete in that at least the following documents are missing.

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

• True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
  
• Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
  
• Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
  
• A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
  
• A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
  

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. I will also open a case with the information commissioners office immediately.

Yours faithfully,

 

Championless

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[championless]

I've received the following letter from Barclays today from their data protection team:

 

Dear championless

 

We have investigated this matter and are able to give the following comment.

 

Following our previous letters, you were provided with the information you were entitles to receive in accordance with the requirements of the data protection act.

 

If the information you are endeavouring to locate is not found within the packages already supplied, then it is not available under the terms of the act or was not retained by the bank.

 

Yours sincerely

The Manager

----------------------

 

Any suggestions for the next step? I'm scared the answer is for me to take them to court? If they've admitted that they don't have a copy of the default, surely they have to remove it as is placed on my file illegally.

 

Is there a letter I could sen to the data protection team, that would ask since they are unable to provide a copy of the default, then would they remove it immediately since it is illegal as they have not kept their records of the supposed default?

 

Thanks as always

Championless

[slick132]

Hi Champ,

 

The letter you have just received is not a response to your letter in post #72 above, as it's too soon for them to have replied to it.

 

I think that, if there are specific items which you think they should supply but haven't yet done so, you should specify the items you require.

 

[championless]

The above letter is in response to the letter in post 72 as they mentioned the date of that letter in their reply above.*

 

I have also received a response to my other letter above regarding the unfamiliar account number. Here it is:

 

Thank you for your letter regarding the default registered on your credit file for your resolve loan.*

 

You have advised that you are not familiar with the account details i mentioned in my previous letter, you have never asked for it to be opened and do not know why it exists.*

 

I can confirm that in October 2008 Barclays transferred all lending products on to a new purpose built system, which involved changing the existing account details to a new sort code and account number. You will have been notified in writing of this change at the time (I did not, nor did i receive a copy following my SAR).

 

Please accept my sincere apologies for the confusion regarding this matter. I have today enclosed a loan account statement, which i have highlighted to show the balance transferring over from your existing account.*

 

The information provided in my previous letter still stands as you broke the terms and conditions of the loan account. The default registered will not be removed from your credit file.*

 

Thank you

Customer relations advisor

-----------------------------------

 

Any suggestions on how to proceed? I'm confused!