barclaycard / AP Markers

[yesilgozlerim]

Hi,

 

I have AP markers for a credit card which was settled and closed in March 2011.

 

Do I go from this date, for it to be on my credit files for 6 years??

[BRIGADIER2JCS]

Has this account been defaulted? Has the account been paid by you personally or has it been sold on to a debt purchaser.

 

If not defaulted it can be a problem.

 

What credit card was this?

[yesilgozlerim]

No, It never defaulted. I managed it by myself and no debt collectors were involved.

[yesilgozlerim]

It was a Barclaycard

[BRIGADIER2JCS]

Then this can be challenged AP markers must not be used instead of placing a default (ICO).

[yesilgozlerim]

So, How Can I challenge it firstly...and secondly, what if they remove the AP markers and place a default from 2013 cos I could do without another...

[BRIGADIER2JCS]

The choice is: Leave as is, or request that a default is issued from the date the AP was set up.

[yesilgozlerim]

Thanks Brig,

 

Can you draft me a letter please if you have time so I can send tomorrow.

 

I thought about it, and the AP started on my credit file in feb/march 2009 so if they issue it will drop off in 2015 but if I leave it, the credit file wont go until 2017 as last payment was made 2011.

 

I know both things are bad, but is it better to have a default, or AP Markers??

[BRIGADIER2JCS]

In my opinion AP markers can be worse than a default. AP can remain on file once an account has been settled/closed for 6 years from closure.#

Defaults are removed after 6 years paid or not.

 

Ok here is a draft you just fill in the dates/ reference/account /card numbers.

 

The Data Controller

 

Barclaycard:

 

Ref: Barclaycard No. xxxxxxxxxxxxxx.

 

 

Sir/Madam,

 

I refer to my Barclaycard account No.xxxxxxxxxxxx, and the entries placed on credit reference files by Barclaycard showing arrangement to pay markers since date.....................:.

 

I enclose a screen print of entry for reference.

 

The arrangement to pay (AP) markers place me at a disadvantage compared to a debtor who has a defaulted account which is removed from credit files after 6 years even if the debt has not been paid.

 

The Information Commissioners Office has stated that AP markers should not be used to replace a default when an arrangement to pay is in place.

 

Given this information I request that Barclaycard place a default date on this account relevant to the date that the arrangement to pay was set up, or a default date relevant to that date of the last contractually agreed payment made by me.

 

I trust that Barclaycard will accede to this request thus relieving me of the further task of seeking advice from the ICO.

 

Best sent by recorded/signed for post, check date received.

 

This may take time to get a response.

[yesilgozlerim]

OK Thankyou. Do you happen to know the address for it cos according to the ICO , for Barclaycard, I get 1 Churchill place London..... but the data controller is Clydesdale financial services so do I address to the data controller, Barclaycard, or just send straight to data controller, then address....

[yesilgozlerim]

And also, how long should I wait for a response from them.

[BRIGADIER2JCS]

Barclaycard HO address will suffice it will get to the right place.

At least 14 days should be allowed.

[yesilgozlerim]

Thankyou Brig

[BRIGADIER2JCS]

Thankyou Brig

 

You're welcome!

[yesilgozlerim]

No update as of yet. Any correspondence was going to my sisters house and that was their last address for me but theres been nothing.

 

Brig if ur around, I need a follow up letter ( but will I also need to include new address, and possibly provide proof of new address?)

[BRIGADIER2JCS]

Hi I'll look in later.

[BRIGADIER2JCS]

Good morning,

Yes you will need to provide up to date information if you want to get a prompt response.

 

Try this address

Barclaycard Complaints Resolution

PO Box 5402

Northampton

NN4 1ZB

 

 

 

 

date:...........:

 

 

Ref: BC account No.xxxxxxxxxxxxxxxxxx.

 

 

Sir/Madam,

 

I refer to Barclaycard account No. xxxxxxxxxxxxxxx, and my letter dated xx.xx.xxxx, to date I have not received any form of reply to this letter (copy attached).

 

Please refer this matter immediately to your data control and Credit Referencing department.

 

A prompt reply is required as Barclaycard continue to cause derogatory data to be displayed on credit reference files.

[user2001]

Any progress with this one?

[BRIGADIER2JCS]

Not unusual for this to take a while BC is very slow.

[yesilgozlerim]

Nope. No response. Nothing. I dont know what else I can do???

 

Also, ( a bit separate from this issue ) does anyone know if the 6 year clock starts from when a credit account opened, or from the date it was a updated/satisified/settled.....

[BRIGADIER2JCS]

The commencement date is at the moment the subject of argument, some argue that it starts from the default date, the others state it is from the breach of contract i.e. the cessation of contractually required payments, the day after the last payment ever made, which is widely accepted by DCAs and creditors.

[yesilgozlerim]

UPDATE:::: Well, A bit of an update ::: After no response to either of my letters ( courtesy of Brigadier) I decided to start again and resend my original letter.

 

I got a response saying my ' complaint ' would be dealt with on or before 25th March 2014, and it come from Customer Complaints Northampton, even though i sent it to the data controller in London... I will await their response but just in case I dont get the result i would like, does anyone know any details of anyone high up in the barclaycard chain ??

[yesilgozlerim]

Update : Got a letter from Barclaycard today who have informed that they havent managed to resolve my complaint as it is still being looked into. So if I dont hear from them in the next 4 weeks, this will make it 8 weeks.....what will my next move be??

[slick132]

Hi Yes,

 

You have two choices :-

 

1. Save yourself hassle and wait for them to respond.

 

2. Be more pro-active and respond saying, "In view of the importance of this matter impacting incorrectly on my CRA files, and given the time the bank has already had to investigate and respond, I expect your considered reply within 14 days. Failing this, formal complaints will be lodged with the relevant regulatory bodies."

 

[BRIGADIER2JCS]

|I understand Barclays have a considerable problem in regard to data reporting re accuracy and appropriate usage, so you will have a delay.