Default Notice odd situation

[jamcol]

I am hoping someone can help me with this as I have gone through the posts and can't seem to find the answer.

 

I requested a copy of my agreement on a loan from barclays back in Feb 2009. This has been going backward and forward since then and I stopped paying in June 2009.

 

I received a Default Notice on the 20 August 2010, I responded saying that I was awaiting copies of my agreement and the default was invalid. I received a letter from Barclays partially upholding my complaint and including a copy of my agreement. This was sent on the 11th September 2010 and received on the 18th September. I received no further contact from Barclays until I received a letter from their debt collection service demanding the loan be repaid. This was sent 25th September and received 27th September 2010.

 

I have seen the template letter for when an account has been passed to a debt collection agency but this refers to the original bank not complying with a CCA request. However, barclays have now complied but they had not when the default notice was issued.

 

Any advice appreciated.

 

Regards

 

Jamcol

[harrassed senior]

Did you ever put the account in dispute, by sending the appropriate notification, if is not automatic and will only be so when they are notified by you.

 

I believe therefoe that your problem is the issue of the default prior to them complying, eventually with your CCA request.

 

Strictly speaking, had that been done, then they are indeed wrong to issue the Default Notice which in dispute regarding your request, but I honestly don't think that is a big problem.

 

Have you received any notification that the account is terminated, and were you given a precise date by which the default was to be rectified?

[jamcol]

I issued all the letters regarding a CCA request including the letter follow no response after 14 days advising that the account is in dispute.

 

Attached are the defualt notice and the letter from the collection agency

 

Collection let.pdf

Default Notice.pdf

[stunned_monkey]

They are allowed to issue a default without an enforceable agreement - see the McGuffick test case.

 

I would have argued DPA but since they've now produced your agreement, I'm afraid you have ne'er a leg to prop yourself up on.

[jamcol]

Regardless of the need for an agreement to issue a default, as they had not provided me with anything under my CCA request and the account was in dispute they were not entitled to issue the default as they could not enforce the account. And as they were not in entitled to issue the default they were not in a position to refer it to a collection agency. Is this not the case?

 

Regards

 

Jamcol

[vjohn82]

Regardless of the need for an agreement to issue a default, as they had not provided me with anything under my CCA request and the account was in dispute they were not entitled to issue the default as they could not enforce the account. And as they were not in entitled to issue the default they were not in a position to refer it to a collection agency. Is this not the case?

 

Regards

 

Jamcol

 

Not quite as simple as that but the ICO require that firms are able to prove, with paperwork, the legal basis for registering a default. Have a read of this which will take a little while but it should sink in exactly what sort of case will be required to be put together...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

[vjohn82]

Regardless of the need for an agreement to issue a default, as they had not provided me with anything under my CCA request and the account was in dispute they were not entitled to issue the default as they could not enforce the account. And as they were not in entitled to issue the default they were not in a position to refer it to a collection agency. Is this not the case?

 

Regards

 

Jamcol

 

Not quite as simple as that but the ICO require that firms are able to prove, with paperwork, the legal basis for registering a default. Have a read of this which will take a little while but it should sink in exactly what sort of case will be required to be put together...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf