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d5tar

Barclaycard debt thats done the rounds - always disputed

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Hi,

 

I've been receiving letters from debt collection agencies for several years for a barclaycard debt.

 

I did take out a barclaycard 10 years ago and I fully paid off the balance and closed the account.

 

The card was never activated so could not have been used to make any payments,

it also had an interest free period of 18 months,

 

the debt was paid off before the interest free period ended and no payments were missed.

There could not have been any interest, fees or other charges on the account.

I have always disputed this debt as not being correct.

 

Each time I received a letter from an agency I sent a prove it letter,

I would not get a response and I would usually not hear from that particular company again.

The last company to contact me was Aktiv Kapital,

I sent them a prove it letter and they responded with a letter stating they have no copy of an original credit agreement

and would no long be pursuing the debt, this happened about a year ago.

 

Recently I was enquiring about remortgaging the house to fund an extension and failed the credit check.

I looks on experian and equifax and saw that a default had been listed on both accounts from AK.

 

I contacted the CRA's and AK, all of whom refused to remove the entry from my report.

While on the phone to AK I was informed that they do have a copy of the credit agreement and I asked it to be sent to me.

 

I've now received the original credit agreement which is for the barclaycard I had,

it shows I requested to transfer a balance of around £2600 from another card,

the debt AK are saying is owed is just over £600.

AK have not provided any other evidence such as statements or letters.

 

I have also complained to the Financial Ombudsman and received a response from AK stating some of the above information.

I have not progressed the complaint on to the next stage at this time.

 

I'd like some advice on what to do at this stage.

I want to have the default on my credit report removed and for the debt to be officially acknowledged as having been paid off as I don't owe this money.

 

I also would like (if it's actually plausible) to have some form of compensation for the time and stress this has caused over a period of many years.

In addition it has caused significant issues as we are now unable to extend out home due to the default on the credit reports.

 

Furthermore I took out a loan around 3 months ago and I will have undoubtedly received a higher interest rate

than I would have done had the default not been on my credit report.

 

Any advice is greatly appreciated,

 

thanks.

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Hi d5tar and welcome to CAG

 

To get anywhere in dealing with this and having the CRA markers removed, you need to show that your assertions are correct - ie that you cleared the a/c and left nothing owing.

 

Do you agree with what you've seen so far, about the transfer of £2.6K from another card.

 

Do you have a/c statements to show how the a/c was run and the balance reducing to zero.

 

If not, you need to send Barclaycard a SAR to get all data that they hold concerning you.

 

Hit the green Library button at the top of the page and you'll find the SAR there.

 

:-)


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sar is a must here.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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To get anywhere in dealing with this and having the CRA markers removed, you need to show that your assertions are correct - ie that you cleared the a/c and left nothing owing.

 

I was under the impression the burden of proof lies with the company who owns the alleged debt. In my opinion so far they have only proved I had a barclaycard which I have never disputed. They have not proved there was any unpaid amount on the account. Am I wrong in thinking this?

 

Do you agree with what you've seen so far, about the transfer of £2.6K from another card.

The information looks about right, I can't say for sure it's exactly correct or incorrect as I have no records to compare it to.

 

Do you have a/c statements to show how the a/c was run and the balance reducing to zero.

No, I have no paperwork for this account at all, the card was taken out 10 years ago and closed within 12-18 months of opening.

 

If not, you need to send Barclaycard a SAR to get all data that they hold concerning you.

I have sent a letter to barclaycard, although not a SAR with the £10 fee as I didn't know about this at the time of sending. I've not had a response yet, would it be best to wait for a response from barclaycard or should I sent SAR as well?

 

Thanks

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My personal feel is you should complete a SAR.

I have learned much over the last few weeks. The main one being that Knowledge is power. Having a lot of paperwork means inot being reliant on one company to comply with their SAR. Companies know Knowledge is power which is why often they try so hard to avoid or delay in giving it out. They kinow that the paperwork is a potential gold mine for people who know what to look for. They know they have broken various regulations etc.

 

Even if they do provide on the basis of your letter what you asked for, it is invaluable to have *Everything* in case something comes up in future. Plus using a SAR request adds definite authority to your request and mandatory time limits in order to comply. It can also be enforced. Without knowing how you worded your letter requesting information I cannot say what they would be obliged to do so.

 

In summary, Id look at the £10 SAR and postage as a form of "Insurance Policy" in that you can get everything you need to see if you are affected by any current or future scandal :D


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Hi D5tar,

 

If a DCA wants to collect a debt using court or otherwise, yes, they must prove their case.

 

However, if YOU want to show that the debt was paid off and have your records reflect this, it is YOU that must do the work to prove your case.

 

Get a SAR sent off to Barclays or BC's HQ asap.

 

:-)

Edited by slick132

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Hi D5tar,

 

If a DCA wants to collect a debt using court or otherwise, yes, they must prove their case.

 

However, if YOU want to show that the debt was paid off and have your records reflect this, it is YOU that must do the work to prove your case.

 

Get a SAR sent off to Barclays or BC's HQ asap.

 

:-)

 

Thanks, that's good to know, and also very unfair for those of us who are being mistakenly chased for a debt.

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If as you say you opened the account in 2004, and it was closed(with £0 balance) after 18months, surely the account would be stat barred, if no further payments have been made. No mater what AK are saying about a default date?

Edited by MadScouser
Incorrect info

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Thats what I would have thought but they still registered a default on my credit file, which is the main thing I'm worried about.

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I wonder if somewhere along the line you did a CCA or SAR to the dc's or BC and they put the fee to the account?


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I've not sent any CCA's or SAR's I've only sent them prove it letters up to this point.

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I think SabreSheep is missing the point here.

 

It's not about whether a payment or fee has been credited incorrectly in the last 6 months, thus keeping the a/c collectable.

 

It's about incorrect data being posted for an a/c that was paid off, and that data adversely affecting OP's credit files.

 

@ d5star

 

Have you sent Barclays Bank PLC a formal SAR yet ? You need to because you're unlikely to get what you want by any other means.

 

If you can show that adverse data has been posted against your CRA records incorrectly, you can seek compensation. If you can show that the adverse data has actually caused you consequential loss, that should also be taken into account. Read up on the case of "Richard Durkin v DSG Retail Ltd and Another".

 

:-)

 

:-)


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