Barclaycard try to send info to CRAs on disputed account

[financialdunce]

I need some advice on a long running dispute with Barclaycard. In early August 2008 I requested documents from Barclaycard under the 1974 CCA. When they failed to produce the documents I notified them that the account was under dispute, and no payments would be made until they produced the documents. Despite repeated requests they failed to do so, instead claiming that I had defaulted, and handed the case to a series of debt collection agencies. Each time I was approached by an agency I informed them of the facts, they replied saying that they would no longer deal with the matter, and handed it back to Barclaycard.

 

Now I’ve received a letter from Barclaycard that contains the following:

 

“As previously explained, one of our obligations as a lender, is to share default information about our customers with Credit Reference Agencies when a formal demand for payment is made and the account is then closed.

During an internal processing error on our part, the updating of your Barclaycard Credit Reference record within your credit file hasn’t happened. To correct this, and to bring your credit file up-to-date, we are now passing a default record for your Barclaycard account to the Credit Reference Agencies.”

 

It’s my understanding that since the account is already under dispute Barclaycard cannot pass a default record to the CRAs: am I correct? And if so can anyone point me to the exact legal wording that forbids them doing this, and also tell me which authorities I should report them to if they proceed.

 

Many thanks in advance for any advice.

[slyspy]

reporting to CRA's is one of the things they are allowed to do as the result of various rulings.

[financialdunce]

Thanks for the reply. Do you have a reference for any of the rulings? I understood that once the case is in dispute they cannot share any information with a third party, including CRAs.

[slyspy]

try McGuffick or Carey, forget which one exactly. There's plenty of information in the main Debt Collecting Agencies forum

 

they can basically do everything apart from take it to court, and many DCA's are now winning the DJ lottery with spurious reconstructions.

[The Debt Star]

you were ill advised to stop paying them during your dispute. the result is that your credit files get trashed.

[Jamesx81x]

This is what gets to me about the way the CRA's conduct themselves.

 

Although i agree you should never stop payments and if you do a creditor is more than entitled to report this to the CRA's.

 

With regards to placing a default record on your credit file both the lending code and Information Commissioners Office Guidance on Defaults states that a default notice should not be placed on file if the account is in dispute(providing the dispute has been raised prior to the entry).

 

Lets not forget the ICO are the department set up by the Government to oversee the Data Protection Act and all its various guidelines. How is it then that the CRA's simply ignore these guidelines as they please and what exactly are they there for when that is the case.

[Rhia]

ASk them to produce a copy of the agreement which shows definitively that you gave your full consent to your personal data being passed to third parties. If BC does not have this then you can complain to ICO. If they uphold your complaint you can take court action and I would do it in that order as the Judge will take notice of the ICO's ruling.