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BARCLAYCARD **WON** Charges repaid with compound int't and DN removed**


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Ok so where do i begin!

 

First of all i owe Shelley an apology as she warned me not to trust Barclays and to check all my credit files to make sure everything had been removed. I did get confirmation from BC before settling that they had removed all their data with regards to my account but it appears i have been misled in how they handled my claim against them.

 

At the start of my claim BC informed me they had purchased my debt back from Lowells and that any settlement i received would go towards paying their debt first. I didn't really have any say in the matter and agreed to this.

 

However after contacting Lowells myself recently to find out why they were still reporting to the CRA's a debt that a) they didnt own anymore and b) doesnt even exist anymore, i was informed that BC hadn't actually purchased the debt back yet and they were only informed the debt had been cleared after i had complained to BC about Lowells still reporting the debt.

 

So, now i am going to argue 2 points against BC. They misrepresented how they were handling my claim and their failure to 'tidy up loose ends' led to my credit file being marked with negative data.

 

I have made a complaint to the person who originally dealt with my claim and it has now been passed over to someone else in BC litigation. I am now waiting to hear their response to this and i intend to claim damages over this mess.

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Hi SMU,

 

Thanks for updating this publicly although we've already discussed these various matters off-thread.

 

I have to say I'm shocked that Barclays misrepresented the situation about repurchasing the debt. We've seen them address this in other cases which is why I said you should go ahead and settle on the basis that they bought the debt back as stated.

 

They appear to have acted without integrity with regard to settling the debt. Worse still, because they didn't even send the money to settle the debt that remained with Lowells, the DCA then added the adverse data back to your CRA files. For this, I think you should indeed seek damages/compensation from Barclays.

 

We will also have to bear this in mind for future cases where a debt remains with a DCA. We shall seek proof that the debt has, in fact, been repurchased by BC.

 

:-)

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Hi SMU,

 

No apology necessary - I am always suspicious about anything BC says and I am disappointed that they have treated you in this way.

 

Not sure if it would help, but have you thought about reporting this to the ICO? (information commissioners office or The Ombudsman? What do you think Slick?

 

Shelley (AKA - BC Slayer - :laser:)

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi Slick,

 

It has ended up in a mess and i am annoyed now because at the time i felt my claim was being dealt with professionally on both sides but this obviously wasnt the case.

 

I now await their explanation, although i already know what happened, before i proceed with my next step.

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Hi Shelley

 

I have already notified them i intend to contact the ICO because on top of all this, it appears that for at least 1 month BC were reporting to the CRA's an account they didnt actually own!

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Well i've had a reply from BC today saying they apologise for any inconvenience caused by the credit reference left on my file and that they acted promptly to remove it when i notified them of the problem.

 

No explanation of why this happened.

 

Also i quoted Kpohrarer vs Woolwich Building Society 1996 to them in my complaint about a Default being incorrectly recorded but they feel i have not suffered any loss or financial damage due to the credit reference left on my file. Never mind the fact i was turned down for 3 credit applications with a supposedly clean credit file, i have had to spend the last month sorting all this out.

 

So basically they have admitted they were in the wrong but feel correcting the information is a satisfactory response.

 

In my complaint i only said they had failed to handle my claim correctly by not removing credit info properly so i think now i shall say what i have said in this thread, that they misrepresented and dishonestly handled my claim.

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Firstly, didn't B/C confirm they had removed it from your credit file weeks ago? Therefore, if they are now saying that they removed it as soon as you had notified of it still being there, then they couldn't have removed it could they? Personally, I believe that the Financial Ombudsman will obtain all information about how and what B/C allegedly did or didnot do, in order to handle your complaint and will award any compensation they deem appropriate to the situation.Get your complaint off to them as soon as you can.

I would also be inclined to get a letter of complaint off to ICO sharpish so B/C will be attacked from all angles of authority.

 

What B/C have done is NOT good enough and better controls need to be put in place.

 

Just because B/C say they don't think you have suffered any loss doesn't mean they are correct - take immediate action and let them know you mean business.

 

I wonder what Slick and the team would recommend?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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They did remove their entry, but because they didnt complete the purchase of my debt back from the DCA, lowells started reporting it again. When i complained last month BC contacted Lowells and told them to remove the debt. So when BC were reporting on my credit file they didnt actually own the debt.

 

Although i think the FOS and ICO should know about this im inclined to go the legal action route as i settled the claim early for a lower amount because of what they told me so i think im at least entitled to claim that amount.

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I think the FOS and the ICO will both take too long to investigate and I doubt either of them will order anything like the damages you can seek through the court system for the adverse data being left and/or re-posted on your CRA file.

 

I therefore agree with your last paragraph above, that your best route now is to seek payment for the damage caused to your reputation by the erroneous adverse CRA entry.

 

Although I feel Barclays' behaviour (stating that they'd bought the debt back from Lowells when they had NOT) is appalling, I don't think this is a good cause of action. The debt remained and you were happy for it to be deducted from your settlement.

 

So I think you should concentrate on the CRA entry being re-posted.

 

:-)

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Just a quick update on this,

 

I've sent Barclays a SAR specifically requesting all information they hold about me in regards to my recent claim against them as i am going under the assumption this will end up with the courts again.

 

Although they were quick to dismiss the Kpohrarer vs Woolwich Building Society case i quoted, i have again referred to this in my latest letter to them regarding the damage to the reputation of the Claimant in that case, caused by the wrongful action of the bank in handling his financial affairs.

 

I have given them one more chance to settle this before i start legal action and seek a lot higher damages.

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Hi SMU,

 

Yup, that all sounds good for now.

 

:wink:

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  • 4 weeks later...

Barclays again rejected my complaint stating that Kpohrarer has no legal standing in my argument as that was a business cheque that bounced. I've sent an email today quoting Durkin vs HFC as well but i think it's time to start preparing a court claim as i suspect they will say Durkin has no relevance to my complaint either.

 

On the plus side i received a letter from Lowells showing a 'timeline' of how my account was handled when Barclays were repurchasing it and it shows they did not notify Lowells that my account had been cleared until i had made a complaint. Combined with BC's original letter apologising for any inconvenience this default caused i cant see how they can now not accept this mess is all their fault.

 

I have also had letters from Tesco and Natwest confirming my credit card applications were unsuccessful when i applied, before i found out the default had been re-added. Natwest is pretty telling as they specifically state the reason my application failed was because of my credit file. After checking Experian last week which now shows a score of 975 i think its safe to say Natwest would have issued me a card if that default hadn't been showing.

 

So i've sent all this information off to BC and now i'm waiting for them to turn down my complaint again!

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Hi SMU,

 

As you know from discussions we've had off-thread, Barclays will only take this DN matter seriously if and when they have a court claim land on their desk.

 

I think you should start a new thread to deal with the post-court issue of the inaccurate Default, probably in the Legal Issues forum.

 

:wink:

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Excellent Thread, Good Luck with getting the dn removed.

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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My complaint has been turned down again so now i am going to be starting legal action. Going by what the solicitor has said in her latest reply she never even read my complaint properly.

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  • 1 year later...

http://www.consumeractiongroup.co.uk/forum/showthread.php?394137-Taking-Barclaycard-to-court-for-damages-to-credit-file

 

Rayne, shutmeup started another thread to deal with the start of a claim/litigation against B/shark ^^^

 

Although that doesn't seem to have any real input or ending.. !

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I think the Durkin one might be the most recent success.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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