Barclaycard [goldfish] Credit File prioblem

[florish]

Hi

 

I’d be very grateful for any help/advice with the following problem.

 

Four years ago, I asked Goldfish if they could write-off my credit card debt due to my circumstances (which I’d explained to them).

 

They wrote back saying that they couldn’t do this, however they stated, due to my circumstances, that they wouldn’t pursue me ever again for any further payments.

However,the debt would still show on my credit file.

 

Not so long after that was agreed, Barclays bought all the Goldfish accounts,including mine – and it wasn’t too long before they requested payments from me again. However, once they saw a copy of my letter from Goldfish they agreed that they shouldn’t be pursuing me for payments – and they haven’t done so.

 

However, it still leaves my credit file in a bit of a mess (please see attached).

 

 

It continually shows 6 payments in arrears, and I think it’s going to do that until

I die or I somehow manage to clear the debt.

 

If the account had had a default, then at least I’d know it would drop-off my credit file after 6 years, but it looks like this will never drop off.

 

Does anyone know if there is there anything I can do to have these entries removed?

 

Thanks in advance.

 

Florish

[BRIGADIER2JCS]

You will need to write to the Data Controller at Barclays

head office and put your case for the rmoval of the entry

as it is unfair to disadvantage you more than a debtor having

a defaulted account which be removed after 5 years paid

or not.

The limit period is five years in Scotland for defaults.

[royalscot]

Im sure the Default stays on your credit file for six years in Scotland ....The statute of limitation is 5 years in Scotland and six in England

 

regards

 

 

rs

[Bang!]

Yes - it's SB in 5 years for Scotland, but the CRA record remains for six. This does provide a bit of an anomaly given the debt cannot be repaid as its expired (unlike in England where it only can no longer be enforced by a court) - so effectively it creates a record for a year that is not owed and cannot be paid.

 

Technically if you gave money to repay it after five years in Scotland, it would be a gift as there was nothing to repay, and so in turn the payment could not remove the record, as there was nothing owed to repay.

[florish]

Thanks for the advice peeps.

 

Florish

[florish]

Hi, apologies if this is a bit long-winded (there should also be two jpgs' attached)

 

I had a credit card with Goldfish which I had to stop paying in November 2007 as I couldn't afford to pay. In April 2008 Goldfish wrote to me stating that due to my circumstances they would permanently cease collection activity - although the debt would always show as outstanding on my credit file.

 

Not long afterwards Barclaycard bought the Goldfish accounts, and I had a letter from them confirming that although the debt still existed they would have to abide with my agreement with Goldfish.

 

However, that has resulted in Barclaycard populating my credit file with a '6', each and every month for over 5 years.

With the help of my daughter I paid the £700 that was owing to them so that the account was settled, but of course, the 6 payments late indicator on my credit file is still there, and will be for another 6 years.

Is it worth while me contacting Barclaycard to see if they could remove this entry, especially as it's never been 'defaulted' but possibly should have been defaulted. What's actually happened is probably worse than a default!! Is it possible to ask for a retrospective deafult?

 

 

I also have another debt with Barclaycard, which I've had an 'Arrangement to Pay' of £5 per month for over 12 years. This debt is for over £2k and once again my daughter wants to help me pay it in full to settle it.

Once again, I don't understand why it's never been 'Defaulted' or it would have dropped off my credit file over 6 years ago.

 

Is worth while suggesting to Barclaycard that if they retrospectively defaulted both of these accounts, then the outstanding balance for this one would be paid in full?

 

If so, how should I word such a letter, and who best to send to?

 

 

I'll just add that there is no ppi on either of these accounts and I do have the signed (CCA) agreements for both of them, which I was surprise at as the second account was opened in the mid 1990s.

Thanks in advance for your assistance with this matter.

[BRIGADIER2JCS]

CRA entries must show the up to date and accurate conduct of the account, which they appear to do.

 

There is a small chance that BC may back date defaults, the ICO Technical Guidance on Defaults gives the ICOs view that LP makers in replace of defaulting ban account.

[florish]

Thanks Brig.

Would I write to the Data Controller at Barclays?

[florish]

I'll write to Barclaycard tomorrow.

 

I did email Experian to ask about all the 6s and this is their reply:

 

Barclaycard account started **/**/2000

 

I have checked our records and can confirm that this account is now showing a settlement date of **/**/2013.

 

The status history shown on a settled account shows how payments were made before the account was closed. We retain settled accounts on your credit report for six years from the date of settlement.

[florish]

I've written to Barclaycard, and so far they refuse to remove all the 6s from my credit file, meaning they will show on my credit file for 11 years.

Five years from when Barclaycard bought the Goldfish debt, and six years from when I paid it in full last year.

 

 

However, I've just being going through my paperwork this morning and I found a Default Notice from Goldfish for this very debt.

They'd actually defaulted me for this debt in July 2007, and therefore it should have dropped off my credit file in July 2013.

 

 

What's my next move folks?

[BRIGADIER2JCS]

Ok Flourish this is well out of order and amounts to unfair manipulation of the CRA data.

If GF actually did default the account after that DN: Is this on CRA files still it may be that there is some doubt here that GF passed this on without defaulting, but it's worth a try anyway:

To The Data Controller/ Credit Reference Section

Barclaycard.

 

 

 

 

Date.......;

 

 

Ref: Account Number and any other refs used by BC;

 

 

FORMAL COMPLAINT:

Inaccurate Credit Reference File Entries.

Sir/ Madam,

 

 

I refer to recent correspondence regarding the entries that Barclaycard are causing to be displayed on my credit reference files relating to this account.

 

 

I have contested that it is unfair to use late payment markers as a substitute for defaulting an account leaving me at a disadvantage compared to a debtor who has such an account removed from CRA files paid or not

 

 

Barclaycard is aware that the account is now settled in full and to record adverse data for a further six years is manifestly unfair in this situation.

 

 

However further investigation leads me to conclude that Goldfish in fact defaulted the account in July 2007.

 

 

I require Barclaycard to fully investigate this matter and to respond within 56 days from the date hereon.

 

 

Barclaycard's response will decide what further action I will need to take including but not limited to a Complaint to the FOS/OFT /FCA and the ICO.

 

 

I have attached herewith a copy of a default notice issued by Goldfish.

 

 

Send recorded signed for post.

[florish]

Thanks Brig, excellent letter, which I'll post on Monday and let you know the outcome.

What address should I send this to?

Leicester or Northampton?

[BRIGADIER2JCS]

The CRA section is at Leicester I believe.

[florish]

Thanks again Brig

[florish]

Barclaycard have come back to me and are refusing to remove all the 6s or give me a retrospective Default.

Barclaycard state that all the '6' entries are correct.

They also state that Goldfish never Defaulted me, and that this account has never been Defaulted, thus the 6s must stay.

This is what I received from Goldfish just before Barclays took over their accounts :

 

 

[florish]

However, going through my files I've come across the following which was received in May 2009.

It was sent by Debt Managers Ltd on behalf of Barclaycard - although I do have a separate letter from Barclaycard which acknowledges this Formal Demand.

I don't remember receiving a Default Notice or a Termination Notice from Barclaycard, although I also didn't remember receiving this Formal Demand until I found it yesterday.

 

 

Would this give me any leverage in getting these 6s removed?

 

 

[BRIGADIER2JCS]

What you have is a default notice From Goldfish which does not mean a default was actually placed and as BC have been very careless in the way that it has managed data. If the £34.00 was paid within the time scale given a default would not have been placed.

It seems that BC has just used a DN as threat and have no followed it through.

A SAR to BC is probably best now.

[florish]

Thanks Brig.

Were Barclays out of order in sending the Formal Demand to me, without Defaulting me or Terminating the account?

 

 

ps the £34 was never paid to Goldfish, no further payments whatsoever were sent to them.

[BRIGADIER2JCS]

I believe so, as said Barclays management of account data and CRA reporting I think is still being investigated by the regulators, some customers have been receiving letters about this.

If you have not made a SAR yet it may maybe the time to do so.

[florish]

Ok, I've at long last been successful in getting the late payment markers (6s) removed from my credit file.

 

My first complaint was rejected and that was their final response.

 

However instead of going to the FOS or ICO I complained again to Barclaycard as I was determined that I was correct. However they rejected my second complaint and once again I was given their Final Response.

 

However, once again, instead of contacting the FOS or ICO, I this time wrote to the Barclays HO in London - not just about my original complaint, but also about the way it was handled.

 

I then received a telephone call from a man in their 'Executive Office' who explained that they were once again rejecting my complaint - however I honestly don't think he had read all the paperwork I'd taken the time to compile and send to them - and when I argued (politely) the valid points with him, he eventually conceded that I could be correct.

 

Last week he telephoned me to say that my complaint has been upheld in full.

The late payment markers will (and now have been) removed and replaced with a retrospective default.

 

The Default is now showing on my credit file - they didn't backdate it the entire 6 years - but it will drop off in a few months time - whereas the late payment markers would have shown my account as delinquent until the year 2019.

 

In response to the way my complaints were handled, Barclays stated they would pay me compensation of £100 (which I never asked for - but has now been credited to my bank account).

 

One other thing - the gentleman in the 'Executive Office' informed me that the ICO Guidelines are 'just recommendations - and that Barclays don't have to abide with them.

However, he further stated that Barclays are currently reviewing this, in order to minimise future complaints.

 

Now I just need to get rid of the AP markers on my other closed Barclaycard account - thought it best to complain separately

[BRIGADIER2JCS]

Given the success you have had so far I would suggest that a formal complaint about the AP markers on the grounds that is unfair to continue to display these as it will harm your credit profile for another 5 years, placing you at a disadvantage in comparison to a debtor who has made no arrangement to pay but gets the default removed from CRA files paid or not.

 

 

Seeing as Barclays are "reviewing" their actions it is a good time to try this.

[florish]

Will do Brig, thanks