Re: Remove default on grounds the default was filed before default notice was served & did not receive statements

[bankfighter12345]

Hi

 

Re: Remove default on grounds the default was filed before default notice was served and dispute amount was caused by Barclays failed to send me bank statement.

 

I have applied for a mortgage with nationwide last week and was declined on the base of my credit record. I've just discovered on Expreian that I have 872 in credit score but have a default on a current account with barclays back on Nov 2007.

 

I am devastated and want to fight against Barclays to remove the default from my credit files urgently. I need help from this forum.

Here is the background:

Back in 1999, between me and my wife we had 3 current accounts with Barclays, 1 joint account, 1 under my name and another 1 under my wife's name. We moved house in 2002, I submitted the request to change address for all 3 accounts to Barclays. Barclays did send regular bank statements to our new address for 2 accounts, but no the one (my own name) in dispute. I did not take much notice as I did not use that account at all.

 

Sometimes in 2007, I went to the Barclays branch, asked for a bank service for my joint account. The staff tried to sell me a premium package, which said I would benefit from low rate of overdraft repayment. I was confused and told her that I did not need it as I did not have overdraft, then she showed me the account under my name has been recorded as overdraft for over £2000. I was shock and asked her to send me the bank statements to cover the overdraft period. But I have never received these statements.

 

Since than, I received some letters about this overdraft. In the letters, Barclays withdrew the overdraw facility (£5000), closed my account, also threated to submit "default" to credit agencies. I also received phone calls from the Barclays debt recovery department, they pushed me and wanted me to pay full amount immediate, they refused to accept my explanation or send me the copy of original transaction. So the dispute must had go on for some months. I went to the branch on 21 Nov 2007, and asked to be sent the statement again; the staff said it would take at least 3 weeks. However, the statement has never arrived.

 

In Jan 2008, I wrote a complain letter to Barclays and finally was sent the copies of statement. It said I transferred £2xxx from my own account to the joint account in Aug 2005, because there was credit in the account, this resulting £2xxx overdrawn, plus built up of interest over 2 years. Barclays also agreed to refund all interest if I pay off original amount. I then paid off original amount in Mar 2008. In May 2008, Barclays sent me a letter confirmed the debt had clear.

 

Actions needed Now:

Only last week, I discover that Barclays had filed "default" to both Expreian and Equifax on 17 Nov 2007, which was 2 days before (19 Nov 2007) Barclays sent out threaten letter “ it is the Bank’s intention to register details of the account with credit reference agencies.” and 41 days before (28 Dec 2007) Barclays sent me a formal "final warning: Legal action" (I believe this is so called default notice) -- this was dody, should broke a law, can someone please tell me which law were breach here?

 

Now, I think about some points which may found my fighting grounds, but I would appreciate it someone from forum with more experience can give me some advise or suggest some strategy:

 

(1) bank error, the account was marked as "gone away" in 28 Jan 2003 and the bank still allowed the transaction to go through; It should not had allowed to happen.

 

(2) The bank failed to notice the customer for this transaction for 2 years; we have 3 accounts with the bank, and still received all statement for 2 accounts. Barclays failed to send me the bank statements, otherwise, the problem would not exist at all. The branch staff could see from her PC that these accounts were connected. It is the Barclays failure to send off the bank statements to me.

 

(3) the bank submitted the default to credit agencies dates before served "default notice", which break consumer credit act, am I right? which section of consumer credit act apply to this?

 

(4) the bank submitted the default to credit agencies dates before they sent me a copy of statement show this dispute amount. They did not give me a chance to see this original transaction before submitted the default to credit agencies;

 

(5) the bank submitted the default to credit agencies before sending me the copy of bank statement, the amount was in dispute and the bank did not give me a chance to see the prove of this transaction. -- this is breach of Data Protection Act, but which section of Data protection act apply?

 

(6) The default amount on Expirean and Equifax was £3xxx, which is original £2xxx + £9xx interest, is this correct? the £9xx interest was refunded by barclays, I believe this amount was wrong. Becuase the barclays failed to send me the bank statement and I should not pay any interest at all.

 

(7) the bank failed to prove if indeed this transaction was draw by me, need to see copy of original cheque; Barclays only gave me copies of statement, this is not the same as copy of original cheque which had my signature, which can prove the overdrawn were from me no others. May be potential claim against bank if I am forced to pay high interest to get a mortgage,due to unlawful default on my credit file.

 

Which ground or Act can I apply to above key points? please be details as possible. I need the barclays to remove this dedault urgent, otherwise, I do not know if I can get the mortgage at all or forced to pay high interest rate.

 

Also, can someone please suggest which department should I address to? My previous complain letter was deal by a customer relations advisor, should I write to her? or Debt Recovery department?

 

Also, if someone know the lenders or mortgage brokers who may help me, please let me know. I need a decent mortgage urgently.

 

Thank you in advance!

Edited July 3, 2010 by bankfighter12345

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.