Barclaycard - never defaulted me - help

[Teldave]

HI hope somebody can help me as I am searching site and internet and cannot seem to find an answer

 

when I check my credit file I have a BC debt which is over 6 years old so should have dropped off my credit report however they have never defaulted me in the 6 years despite no payment since 2008

 

They have never contacted me in 6 years provided any statements and my last contact was in 2008 when they said they were unable to find copy of my credit agreement not to mention they sent me somebody else credit agreement

 

The credit reference agencies are saying this will not drop off until 6 years after default if they have never defaulted will then be reported and wreck my credit history forever

 

I went to the ICO to report this the fact they have never defaulted me in over 6 years and tbh they did not want to know complete waste of time

 

Any advice will be greatly appreciated the debt should be stat barred as no payments have been made in 6 years

they owe me more in PPI charges)

 

if I contact Barclays and tell them they are in breach of regulations for not defaulting in first 6 month period

will they then default me as of now thus starting the 6 year period again

 

I am so confused how to get this off my credit file

or is it going to haunt me forever until they follow guidelines and register a default

[slick132]

Hi Tel,

 

I'll move this into the Barclaycard forum for you.

 

We've seen a few cases similar to yours recently - http://www.consumeractiongroup.co.uk/forum/showthread.php?441346-Barclaycard-Default-date&p=4692944&viewfull=1#post4692944

 

Read others here in this forum.

 

Was your complaint to the ICO in writing or by phone ?

 

Edited February 18, 2015 by slick132
got name wrong !

[Teldave]

Wow that was so quick thank you

 

ICO was all done via email their basic response was contact Barclaycard I can share emails from them if it helps

 

My response was I contacted Bcard and they have not responded they told me to do so again because of the time frame since last contact were completely uninterested in the fact they have not defaulted me in 6 years and still reporting on me

 

It was just ping pong back and forth me asking the question to ICO how are they allowed to do this and their response contact Bcard complete waste of time

 

This is why I posted on here to get excellent advice as always how best to proceed

 

Again thank you and of course will make a donation you guys deserve it for all the hard work you put in to keep this site up and running without it a lot of people would be at the end of despair

[dx100uk]

the issue here is there is nothing now that the ICO guidelines state about this scenario

they used to state 6mths

but the rules were changed in 2014 [well guidelines.

 

so ts in negative bal?

or there are 1,2,3,d, markers in the history

what is causing you the issue with it being on the CRA file?

 

if you've got PPI/Charges get reclaiming!

that's might sort it.

 

dx

[Teldave]

The issue is there is a very high balance

I stopped paying them when they couldn't provide me a CCA

 

I tried to work with them but they were totally unhelpful

 

 

upon them saying no agreement I thought seeing as you have been so unhelpful

you can go sing for your money because you have no agreement

 

 

They took £300 out of my account saying I made an arrangement to pay

at no point did I agree any arrangement to pay as they rejected my offers

at that point I changed my bank

 

 

The issue is as they have not defaulted me in over 6 years

the CRA's are still reporting arrears on my credit file 6 months after the 6 year period

 

 

my question is

will they continue to do this forever as they have never defaulted me nor made any contact

my credit file will never be clean if this is the case

 

I don't advocate not paying debts but in my mind not claiming PPI offsets me not paying them if you get my drift

 

This debt is statute barred

no payment or contact has been made in 6 years

they have never sent me any statements in 6 years

 

 

however they are wrecking my credit file as without defaulting me the CRA's continue to report arrears past the 6 year period

hence my reach out for advice

 

 

what can I do to get this removed and stop BC wrecking my credit file by not having ever defaulted me

[Guest]

could ask them to 'update'/correct your credit file accordingly. it shld've been defaulted within around 6 mths after no payments according to the ico guide.

but, cld check with the ico first see what they think shld be on your file.

then there is correction notices re a credit file, s159 con credit act

[Teldave]

As per previous post I

already contacted ICO

they didn't want to know told me to take it up with BCard

 

CRA's have told me that the 6 year period for reporting is from date of default no default have ever been issued

 

I reached out here to find out what I should do

my concern is if Bcard never default me then it will continue to be reported forever

the 6 years is up 6 months ago and by Bcard never defaulting me it wrecking my credit file

 

If I contact Bcard will they default me from now thus starting another 6 year period

or should they record default from original 6 month of no payment date which would be December 2008

 

Do I have any grounds to lodge a complaint with Bcard for wrecking my credit file by not ever defaulting me after 6 months of non payment

 

I confused what the best course of action is

 

 

I don't want this on my credit history forever and CRA's are advising they will continue to report

and not remove as there is no default date lodged it already 6 months over the 6 year period

[Guest]

soz, yeah, already been to the ico.

there have been threads where files have been updated favourably without recourse to further action. have a look at those.

but if barclays wont update/correct files informally then cld do a formal notice. re s159?

 

ps. one thing re s159. it can force them to respond. and if unresolved, then for the ico to get involved and determine.

[dx100uk]

what's the PPI / PENALTY charges worth at restitution rate of 24.9%.

[havinastella]

Why don't you just contact BC, if you don't, you'll never know and will just keep going around in circles!

[citizenB]

Why don't you send a subject access request to them, see what they have recorded on the communication log.

[Teldave]

Thanks for advice people

 

 

will contact Bcard

little concerned if I do this and highlight the fact they have never defaulted me

will they then default me as of now starting the whole 6 year ckock again

 

I know it a catch 22 situation if I dont have a default the CRA's will continue to report on it

but I want to make sure what Bcard should do to rectify this

ie admit they made a mistake and the default should have been applied in 2008

 

Apart from SAR Bcard any suggestions how I should word the communication

highlight the fact the debt is stat barred and no default has been applied or how should I approach them

 

I agree if I dont take the bull by the horns and make contact it will go round in circles

[Teldave]

I also want to add I cannot work out PPI charges because I have received no statements for last 6 years I guess the SAR information should include this?

[dx100uk]

a priority!!

 

 

dx

[slick132]

Hi Tel,

 

Do you have any statements at all for the a/c, even old ones. If so, do they show any PPI or penalty charges.

 

They took £300 out of my account saying I made an arrangement to pay

- When did this happen ?

 

If the debt is already SB'd, then I would focus on challenging BC to have the adverse data removed. I would use the SB letter in our Library and add a demand that all adverse credit data be removed immediately or you will take action seeking compensation.

 

Letters to them now will not reset the SB clock as long as you do not "acknowledge" the debt.

 

Keep reading other threads here for similar cases that will help you.

 

[Guest]

 

If the debt is already SB'd, then I would focus on challenging BC to have the adverse data removed. .......

 

 

ditto. if barred then there shldnt be anything there, it cant now then be recorded on cra file as a default if over 6yrs!

[Teldave]

thanks for excellent advice as always

[slick132]

Hi Tel,

 

You haven't told us, When did they take the £300 from your a/c ? An approx date will suffice.

 

[Teldave]

apologies here is full details

 

in May 2008 I was self employed my contract finished and I had no work. I reached out to Bcard and explained and they said they would accept reduced payments for 3 months. the figure was agreed and it was only at this time I found out I had PPI on the account.

 

I never requested it and the fact I was self employed would not have qualified for PPI in the first instance it was Bcard who told me they would stop the PPI charges I queried this at the time saying how can I have this I never signed up for it lots of fluffing on their part but tbh I just wanted to try and resolve and make the lower payments

 

After the 3 months was up May June and July (they had my debit card details to take these payments) I advised my work was sporadic and could I continue with reduced payments and they said NO were completely unhelpful told me to speak to citizens advice bureau for debt advice.

 

So this is where I got tough and stopped payments as they could not provide me with an agreement

 

I then discovered August they had taken a payment of £298 out of my account because they had my debit card details without my authority and marked my account as arrangement to pay. this was never agreed and tbh it left me in considerable hardship and caused my bank t pull my OD facility. I have copy of letter I sent them disputing this payment so I can be specific and correct on this date and I changed my bank end of August 2008

 

Since August 2008 no payments have been made nor any contact. they sent me out a copy of agreement in response to my letter to them in August which was for a completely different person

 

This is why I am so certain the debt is now Stat barred as no payment or contact since August 2008. however as they have never defaulted me in the 6 year period it still being reported on my credit file even though they have never sent me any statements nor updated the account since 2013. mind you they continued to add interest until 2013

 

On my credit file it shows following for this account :-

 

Default Date Not Defaulted Not Defaulted

Account Holder StatusNormal Not Available

Account Status Delinquent Not Available

Reported Until 6 years after account closure 6 years after account closure

 

Therefore it will continue to show on my account forever as I have never been defaulted nor account closed and it already over the 6 year period

Edited February 19, 2015 by slick132
adding para spaces, full stops, etc

[slick132]

Hi Tel,

 

I have just edited your post to include paragraph spacing and full stops. Please take the time to post using paragraphs, capital letters to start sentences and full stops. If folk can't easily read a post, they're likely to ignore it.

 

I would be writing to BC telling them to remove the adverse CRA data immediately, failing which you will take court action seeking damages. See the letter here for ideas about the case law you could refer to - http://www.consumeractiongroup.co.uk/forum/showthread.php?429557-Late-payment-charges-made-mortgage-in-arrears&p=4692697&viewfull=1#post4692697

 

Also, instead of referring to MCOBS, you would refer to COBS.