Barclay's Card or Morgan Stanley

[Simon'sMum]

Hello everyone, First time posting !

I am currently in the process of trying to remove 2 defaults and a Debt management flag from my Credit file- I have written to Equifax and in my opinion they have been very good- (Had a default placed by Alliance & Leiciester and RBS-Mint removed.)

 

Any way that's off the point.

On my credit file there is a "debt management flag"- placed by Barcley Card

This has puzzlled me as I've never had a barclay Card.

 

It's only since reading these threads that I realised I did have a Morgan stanley Credit card and back in 2004/2005 I had to leave a job as it was making me ill and agreed to Morgan stanley to make reduced payments. Once I got another job I then statred making the full payments- The final payment was in late 2007 early 2008.

 

I have 2 questions.

1. If my credit card was with Morgan Stanley is it right that Barclay card can put this debt management flag on my credit file - I'm assuming that they bought/tookover Morgan Stanley.

 

2. Is there a template letter or does anyone have any suggestions as to how to word a letter to Barclays asking them why and if they will remove the Debt management flag off my credit file.

 

Any suggestions ??

[slick132]

Hi Simons Mum and welcome to CAG.

 

1. Morgan Stanley was, indeed, taken over by BC. You need to check whether the dates are right about when the a/c was in default or in "debt mgt". You should also check the CRA entries accurately reflect that you brought the a/c back into line and paid it off.

 

2. See here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?243-Challenge-defaults and here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?72-Data-Protection-and-Default-Issues

 

It may be that the negative markers are accurate if they show that the a/c was in default. The fact that you sorted it will show in your favour but that doesn't mean you can get the markers removed.

 

Did you get any penalty charges when they a/c was in default. If so, these can be reclaimed in full plus interest. This would also mean any default notice issued that included their unlawful penalty charges was inaccurate and challengeable.

 

8-)

[Simon'sMum]

Hello Slick132, thanks for your reply.

I'm not sure about any charges as I got rid of most of the papaer work once everything was paid off. But what I dont understand is if my agreement was with Morgan Stanley how and why are Barclays allowed to record this flag. I dont recall ever been asked permission for my info to be used by anyone other than M/S. M/S have never told me that it was been taken over by Barclay Card- I've also notice on my credit file that Santandar have placed a record- and again I've never had any accounts with them.

If I've never agreed for my information to be disclosed is that in breach of the data protection act ??

I followed the standard format of writing to Barclays, Alliance & Leiceister and MINt asking for copies of the default notices, non of them sent any, after waiting, and sending a least 2 more letters to them for 8 weeks with no replies I then contacted the Information Commissioner and the FSO, and Equifax.

Equifax got no reply from A & L or MINT so that's why they've removed as unsubstanciated, but wont remove the Barclays one, but wont say why.

 

What is the difference between a default and a debt management flag ?

Is there a different way in how I should have been notified ?

 

When I contacted Morgan Stanley and agreed to pay a lower amount I was never told that this flag would be put on my file- but I think it was all agreed over the phone so how do I prove it ??

[slick132]

Hi Si's Mum,

 

When BC took over the Morgan Stanley a/c, they acquired the right to use your data.

 

I followed the standard format of writing to Barclays, Alliance & Leiceister and MINt asking for copies of the default notices, non of them sent any

Did you use a formal SAR to get this data and send them the £10 fee. If so you need to chase this up and get your last 6 years' statements so you can see if there are any charges to reclaim.

 

If you didn't send a formal SAR, do so now using the template in the Bank Templates Library. Don't delay as you'll lose data beyond 6 years from the date of the SAR.

 

The difference between a DN and a Debt Mgt marker on your CRA is probably just that a DN is a more serious negative marker. It makes no difference whether you were told a Debt Mgt marker would be placed, if it accurately reflects that the a/c was in arrears.

 

8-)

[Simon'sMum]

Hi Slick132,

when did Barclay's take over M & S ?

If they have put this on my credit file should they have written to inform me like they are supposed to do with a default ? Or should they be able to produce something saying that they were going to put the marker on.

Because I've never had anything from them, like I said earlier I didn't know about account with Barclays.

Also I'm realy confused now cos I've just got my credit file from "Callcredit" and according to them Barcleys have not put an end date that my account was settled. But according to Callcredit I owed £7436 in Aug 2006, but since Sept 2006 it says the balance is nil.

Experian say it was settled on 31.10.2008

Equifax's says that on 4/9/2008 i owed nothing to barclays when "insight last updated"

How can I find out exactly when it was paid off and how long will it stay on for ?

Experian report says special instructions started on above 1/4/2005 and ended 1/8/2008.

Sorry so many questions !!

 

Do I need to write to Barclays asking for a copy of the debt management flag notice ?

I just wrote to all 3 asking for a copy of the default notice, which I never got off anyone.

 

Mint & A & L have since written grovelling letters saying they are sorry I've had to complain about them to the ICO and they will be in touch in the future when they have carried out further investigations, so I wont hold my breath

Simon's mum

[slick132]

Hi Simon'sMum,

 

Check on Wikipedia to see when MSDW got taken over by Goldfish, then BC.

 

If you wrote to BC just asking for some info, they had no obligation to respond. Send a SAR to BC at their Northants address now.

 

Barclaycard

1234 Pavilion Drive

Northampton

NN4 7SG

 

This should get you data about DN's, any penalty charges and CRA markers.

 

Use this thread only to discuss the BC a/c. Start separate threads if you need to discuss the A&L or Mint a/c's further - this will avoid confusion between the different a/c's.

 

8-)