barclaycard debt sold to Lowell - chasing BC debt

[Bazooka Boo]

I would look at getting litigious, copy that letter send it to BB, and the CRA, inform them they have 7 days in which to rectify the incorrect data or you will issue a summons for damages and sue them both for defamation.

[Hacked_Off]

I don't think it's fair of Barclays to ask for my full credit report! Why should I have to allow them to see ALL my info because their rubbish?!

[Hacked_Off]

ok so I've sent Barclays and noddle a final email laying out what I want and why along with the ICO email. I've made it clear they will not be given any further opportunities to settle, i'm more than happy to have this in front of a judge. Ive been speaking to a barrister I know who thinks I have a strong case.

[Hacked_Off]

ive gathered a load of documents for the ico go try and get them to look at this again. they seem to have confused two different issues. Barclays have also given the ico incorrect dates for closure and full payment.

 

1. Barclaycard- charges, invalid default

2. Barclays- default on file foe 6 years. default was lodged after the account was closed and paid in full. non compliance with SAR received by Barclays in april 2012.

 

 

I have paperwork to back everything.

[Bazooka Boo]

Yes defo get back onto the ICO and clarify what it is you want looking at.

[Hacked_Off]

I've sent them this:

 

I would like for you to look into this again. The two separate issues seem to have been confused. I will summarise both again for your consideration.

 

Issues with Barclays:

 

Account no x

 

This was a bank account with Barclays that went overdrawn. Barclays have stated in their response to you that the account was closed and paid in full in October 2007, it was in fact closed on 16th February 2007 (see letter 1).

 

Barclays filled a default in January 2007. No, default was ever received rendering it invalid.

 

A complaint was filled with the FOS in March 2007 regarding unfair charges. Barclays refunded charges around August 2007 and set off the refund against the amount owed (see letter 2). Clearly Barclays data controller has made mistakes with basic information, and indeed, on a larger scale.

 

The default, which was invalid anyway, was not updated to reflect full payment. The default remained on my file for 6 years, showing as unpaid. Barclays blamed the CRA, Noddle. Noddle blamed Barclays. Eventually Barclays claimed “administration error”. Noddle requested removal of the default but unbelievably, Barclays said no despite being fully aware at this point that the default was incorrect/invalid (see letter 3). The default naturally dropped off my file after running its 6 year course.

 

I have previously provided you with evidence that Barclays were reporting on this marker up until it dropped off.

 

This has previously been taken up with the FOS. Barclays offer of compensation was inadequate. It is clear Barclays are non compliant.

 

Issues with Barclaycard;

 

Account number x

 

There are several issues with Barclaycard. A default notice was received 21 December 2006 (see letter 4). A default was recorded on my file on 20 August 2010. This is a CLEAR breach of ICO rules. Barclaycard refuse to acknowledge this.

 

Barclaycard sold the account to Lowell, despite it being in dispute. As such Barclaycard updated the marker to show “settled”. This showed on my account under “closed accounts”. Barclaycard however, also filled another default. Leaving my file marked twice for the same alleged debt. Again Barclaycard refused to acknowledge this. However, noddle agreed to remove the settled marker (see letter 5).

 

This Barclaycard default shows an outstanding amount of £390. However, there are charges on the account totalling £704.00 (see letter 6). This greatly exceeds the amount owed, and again breaches ICO rules. Unsurprisingly, Barclaycard do not acknowledge this. To date this default is till active and being updated.

 

As a side issue, Barclays Bank STILL have not complied with my Subject Access request. It was received by them in April 2012. Documents have been provided by Barclaycard, but not concerning the bank account(see letter 7).

 

I feel Barclays as a whole are non compliant and purposely/knowingly deceptive. It is clear litigation Is the only solution. However, I hope you will exercise some of your purpose in this matter.

[Hacked_Off]

From sharkleys:

 

Thank you for your emails, which you have copied us into, dated 26 September 2013, titled ICO complaint – Barclays Bank PLC

 

We have been unable to open your attachment named ‘L 6.If the attachments contain new information which you have not shared with us before, and is relevant to your complaint please send the information in alternative format, such as word, excel or PDF and we will review it for you

 

With respect to your further comments regarding Barclays Bank PLC, these have been forwarded to Barclays Head Office, and will be replied to under separate cover. I have provided their contact details below for your reference.

 

Freepost

Head Office Customer Relations

London

E14 5HP

 

Telephone number 0845 300 2214

 

Regarding your comment to Barclaycard, as previously advised, I am unable to fully correspond with you by email. Therefore, I have responded to your complaint in writing to the address you have shared with us. You should receive our response by the end of the week. We have nothing further to add.

 

Kind regards,

Edited September 30, 2013 by Hacked_Off

[Hacked_Off]

Alice is getting in my nerves:

 

I’m sorry to hear you believe there to be some incorrect information on your credit file and appreciate it must be frustrating.

 

After some investigation I can see that, following the dispute you raised on your Noddle report, we removed the Barclaycard account from your credit file in May 2013.

 

I’ve had another look and can see that the Barclaycard account is definitely not present on your file. With this in mind, there’s nothing more we can do as we’ve taken all the action we possibly can in removing the account from your file.

 

As custodians of the data, we’re unable to dispute any charges that Barclays have added to your account. This is because we simply display the data sent to us.

[BRIGADIER2JCS]

Often what the data subject sees on Noddle is not what is current it seems.

[Hacked_Off]

Often what the data subject sees on Noddle is not what is current it seems.

 

I've told her several times it shows as lowell

[Hacked_Off]

Letter from Barclaycard

 

"Our position remains the same...yada yada"

[Hacked_Off]

Ico have completely confused the two, I complained separately about Barclaycard in April and have already provided what they asked for!!!

 

PROTECT

 

11 October 2013

 

Reference: x

 

Dear Miss X

 

Further to your recent email.

 

I would inform you that the case that I have dealt with under reference has been solely against Barclays Bank Plc. Not against Barclaycard, which is a separate data controller.

 

Am I to understand that you still have complaints to make against Barclaycard.

 

Are they as follows:-

 

Default notice sent to you on December 2006, but default not placed on your credit file until August 2010

Selling of account to Lowells, despite it being in dispute

Amount actually owed £390.00, credit file showing amount owed £704.00 (no idea were that figure comes from)

Subject Access Request of April 2012 not fully complied with

If my understanding of your remaining complaints is correct, I will need to set this matter up as a separate complaint, and will need the following documentation from you;

 

Copy of default notice

Documentary evidence of the account being in dispute

An upto date copy of your credit file

A copy of your subject access request

As soon as this further documentation is received, I will set this matter up as a new case and contact Barclaycard for the matter to be investigated.

 

I await to hear from you.

 

Yours sincerely

Edited October 11, 2013 by Hacked_Off

[Hacked_Off]

From the fca

 

Thank you for your email dated 29 September 2013 regarding your complaint against Barclays Bank.

 

I should start by explaining that while the Financial Conduct Authority (FCA) is the regulator of the conduct of most financial services firms, we cannot investigate or intervene in individual complaints and, the regulation of Consumer Credit, such as credit cards, will continue to fall under the remit of the Office of Fair Trading, until 31 March 2014.

 

As stated above, neither the FCA nor the OFT can intervene in or investigate complaints about the firms we regulate, this is the role of the Financial Ombudsman Service (FOS), the independent adjudicator. I understand that you are aware of their role, as you state in your email that this matter has already been referred to them. I can confirm that the FOS is the right channel to resolve any disputes with regulated financial services firms.

 

While we cannot handle individual complaints, please rest assured that we welcome information from consumers and I have forwarded your email to the relevant supervisory area within the FCA for their consideration and action as appropriate.

 

It should be noted that we are bound by confidentiality under the Financial Services and Markets Act 2000 and as such, we are not able to disclose information about the work we do with the firms we regulate and you may not hear from us again about this matter, unless we need to contact you for further information

 

Should you wish to find out more about the role of, or doing business with the FCA, please visit our website at:

 

http://www.fca.org.uk

 

I trust the above information will enable you to resolve your concerns.

 

Yours sincerely,

 

 

Timea Szabo

[Conniff]

, neither the FCA nor the OFT can intervene inor investigate complaints

 

So what are you there for, just to spend taxpayers money on conferences and seminars. What a waste of time.

[Hacked_Off]

So what are you there for, just to spend taxpayers money on conferences and seminars. What a waste of time.

 

That's exactly what I replied!!

[Hacked_Off]

Thank you for your response.

 

The FCA's role is to supervise the conduct of the firms we regulate, as set out in the Financial Services and Markets Act 2000. As stated in my previous email, I have forwarded your observations and concerns to the department responsible for the supervision of Barclays. It is their responsibility to review this and take action if required. We cannot, however, take any action in relation to firms that do not fall within our remit.

 

As also stated previously, we do not generally give you any feedback on how we have followed up the information you have given us. This is because the Financial Services and Markets Act (FSMA) imposes restrictions on how we can deal with confidential information that we receive. Also, if we were to tell you about an on-going investigation it might prejudice the investigation itself. We realise this can be frustrating but would reassure you that all information is carefully considered before we decide what action, if any, we take.

 

For your information, the FCA is not funded by Government but by the firms we regulate. Please refer to the below link for further information about our remit and how we are governed:

 

http://www.fca.org.uk/about/governance

 

I trust the above clarifies the matter.

 

Yours sincerely,

 

 

Timea Szabo

Customer Contact Centre

Financial Conduct Authority

Consumer Helpline: 0800 111 6768

http://www.fca.org.uk/consumers

[Hacked_Off]

Barclays have yet again been in contact with Belmont Thornton for the second time despite having been told twice not to speak to them regarding my accounts!!'

[Hacked_Off]

I will pass your email onto the PPI complaint team and ask them to investigate this and respond directly to you.

 

I trust this is acceptable.

 

Regards

 

Rose Moran | Senior Customer Relations Manager

 

I'm getting really hacked off with this. They were told in writing in March not to communicate with belmont. Then again in June.

[Bazooka Boo]

Have you contacted the CEO?

http://www.ceoemail.com/

[Hacked_Off]

Have you contacted the CEO?

http://www.ceoemail.com/

 

Yes, several times. I'm usually ignored.

[Hacked_Off]

I've emailed Sara tute at lowlifes telling her to remove the default and remove it NOW etc along with the ico report

 

" I refer to your email below. I confirm that I have forwarded this to a colleague to investigate and they will contact you shortly. I have also asked for a report of the investigation to be sent to me"

 

More like "I have passed this onto a monkey that won't have a clue and will come up with a transparent way of fobbing you off and still Not remove the default..."

[Hacked_Off]

as you have provided no new information in support of your complaint that the default being reported by Lowell Portfolio I Ltd is incorrect, our position remains the same as explained in our final response on this matter issued on 27 February 2013. I note that your rights in respect of escalating your complaint to the FOS were provided in our email of 26 February 2013.

 

Yours sincerely

 

 

Andy Armitage

Customer Relations Officer

[slick132]

Hi HO,

 

This matter seems to be going nowhere and leads only to frustration.

 

Have you pursued the matter of reclaiming the BC penalty charges by taking direct action yet.

 

If not, I think that is the way forward. Have you sent BC a Prelim Claim letter or an LBA and, if so, on what dates.

 

In addition to your POC referring to the refund of penalty charges and restitutionary interest, you can also refer to the removal of any default that includes, or is made up of, penalty charges. In other cases I've overseen, the claimant has been successful in getting Barclays Litigation to remove all data that has been posted about the a/c from their CRA files.

 

This will not address the issue of the Barclays bank a/c but that will have to be dealt with separately I think.

 

[Hacked_Off]

Indeed

 

Lba was sent, but will probably need to be sent again at this point. I've read all the threads about poc for reclaiming but I still non the wiser.

[slick132]

If the last LBA was a while back, a fresh one quoting the new updated interest figure and enclosing the updated spready is the best way to move on.

 

There are plenty of BC *WON* cases for you to work from. We'll help if you get stuck but you need to do this for yourself using all the resources and info here on CAG