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    • I have a section 75 I started on the same day as the MCOL. You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.   I really take another case taking 7 months to conclude, it's soul destroying.
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    • Hi all, Hope someone can assist me as I feel a bit out of my depth.   Sorry for a long post in advance, it's probably best to set the scene as full as possible. We purchased 2 flights to Canada and returning to the UK from San Diego, the flights were with American Airlines (operated by BA) but importantly, booked through a travel agent budgetAir.co.uk on 9th January 2020.   BudgetAir’s first failure was to inform us that part of the flight was cancelled but after we discovered this from the airline and drew it to their attention, there were no suitable alternatives available so they agreed to refund the cost on 20th August.   EU law says they have to refund me within 7 days of a cancellation but obviously with the pandemic and they having to get the money back from the airline it’s reasonable to wait longer. The problem here is they keep telling me to be patient but American Airlines keep telling me that nobody has asked for a refund yet. Just for clarification I keep asking American Airlines as other people in a group I belong to have been waiting since February/March with no refunds.   On 26th September I sent BudgetAir a “notice before action” giving them 7 days to either refund me or for us to agree a mutually agreeable future date for a refund. On 5th October I started a MCOL which was issued the following day on 6th October. On 26th October I requested a default judgement which was issued today 18th October.   Two things concern me: 1, BudgetAir are a part of Travix International B.V in Amsterdam, BudgetAir are not listed as a Limited company in the UK, BudgetAir.co.uk is a trading name of Travix International B.V they use in the United Kingdom. This is the only UK address they provide anywhere on their documentation, this also explains a little more of the company structure: https://www.budgetair.co.uk/about I’m concerned I have used the right company name on the MCOL but it’s the only name they trade with I the UK.   2, My second concern is the address, I believe the London address may be no more than a postal address and will not give high court bailiffs any ability to recover goods. With the above thoughts, I don’t know how to proceed now I have got a judgement, assuming they don’t pay. My only option could be a 'third-party debt order' but I don’t know how to get any bank details, I paid my credit card and have no information (nor can I find online) about their banks.   Any thoughts would be gratefully received, Many thanks Anthony.
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Barclaycard try to send info to CRAs on disputed account


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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.

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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.

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

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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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.

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  • 3 weeks later...

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.

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