Barclaycard - **Penalty Chgs repaid with Compound Int; defaults removed** (probably)

[martin2006]

Whilst i have a little experience with reclaiming charges etc this was some 7 yrs ago so i just wanted to make sure i follow the correct procedure for this one.

 

Old Barclaycard debt with current balance of £696 against £500 limit, BC wrote yrs ago closing the account for no apparent reason.

 

A/C opened march 2008 and no activity since at least 2009.

 

PING PONGED with various DCA's for a good few yrs, latest was with MKDP LLP until letter recd from both MKDP LLP and Robbers way regarding account being re assigned to HPH2 LTD and Robbers way will be collecting on their behalf, both the MKDP and RobbersWay letters came in the same envelope.

 

Checked noddle and default regd by MKDP on 17/9/2014, account reassigned 21/9/2015 to HPH2.

 

I have no statements.

 

Some of the balance will definately be charges, late fees etc so i know i can work with this, just wanted to check where to start, is it CCA or full SAR?

 

Many thanks in advance guys

[slick132]

Hi Martin.

 

Same process as before to reclaim penalty charges but I hope you have all the data as BC will say they can only supply going back just 6 years from present.

 

If reclaiming, make sure to use compound interest at 24.9% to claim restitutionary interest. Look at *WON* cases in the Barclays *SUCCESSES* forum.

 

CCA request with £1 fee to the new debt owner.

 

Do you know when you last paid to the a/c, or acknowledged the debt in writing.

 

[martin2006]

Hi slick

 

last payment was around end of 2008 and i know for certain it was charges that took it over its limit incurring further charges.

I cant remember ever acknowledging anything in writing.

i sent the Exec Office a cheeky email and they have posted me statements but only last yrs, so may need to SAR

 

With regard to CCA req, is that to robbers way or HPH2?

 

HPH2 are the new owners and RW are appointed collectors

 

Thanks

 

Martin

[martin2006]

i sent the Exec Office a cheeky email and they have posted me statements but only last yrs, so may need to SAR

 

 

 

Sorry thats meant to say 6 yrs

 

I remember digging my heels in a bit because they closed the account for no apparent reason, that would be when i stopped paying it so may be earlier than end of 2008, that was when my marriage broke down and im certain it was before then but we'll wait to see whats in the statements, that will show when the last payment was made

[slick132]

You should send the CCA request to the present owner of the a/c but it can go to RW if they're seeking payment.

 

The SAR will go to BC.

 

Would your bank statements show when you last made a pay't to the BC a/c. If it was 2008 or 2009, it's possibly already SB'd.

 

[martin2006]

i am hoping its the latter slick, i dont have the bank statements anymore i shredded everything that old when i had to sell the house 18 months ago.

 

As soon as the statements arive i should be able to see when the last payment was and work out SB, if it is, game over

[dx100uk]

cra file might give you a clue?

 

 

dx

[martin2006]

It doesnt tho DX, MKDP LLP are the company who are administering the account now and the entry appears under their name, my problem with it is the default has been registered in sept 2014. that would be around 6 yrs after last acknowledgement or payment.

 

Maybe the statements will shed some more light on things, if it doesnt help much i'll SAR barclaycard

[martin2006]

i sent BC a SAR and today got their response.

They waited the full 40 days to send it.

 

Despite giving the account number as a reference and my personal info including previous address, they cannot process the request as they dont have enough info

 

i'm wanting to write back insisting that as they can find no account info

it follows that there is no alleged debt,

 

 

please remove all account info on my CRF and instruct your dca's and MKDP muppets to do the same.

 

What do people think?

[dx100uk]

sadly theres no compulsion for them to do so

 

 

dx

[martin2006]

Is it the ICO then to try to correct the date of the default?

 

Frustratingly, when i first emailed them over this they managed to find it all and sent the last 6 yrs statements to my old address!

Hence sending the SAR as i also had to update my address in writing.

 

Playing awkward buckers me thinks, dont suppose it can hurt to write asking them to remove all info if they cant even find an account.

[dx100uk]

there no harm in writing back with any more info they require

or even ringing them.

 

 

the info must be around somewhere

just that , if,someone cant find info, that doesn't mean cra file could be cleared.

 

 

you need to delve further into why they cant find your data.

 

 

esp as you need to prove the defaulted date

then effectively you could get the file cleared

as the org default is +6yrs old

 

 

dx

[martin2006]

I dont think im gonna faff about writing back. I have it in black and white they cant find an account so i'm going to write instead to the ICO. If they miraculously find it they can explain it to the ICO.

[martin2006]

i'm drafting a letter to the ICO atm and will post it up later for comments/opinions.

 

I am also writing a brief letter in response to barclays blatant attempt to abuse the process of the statutory request, funnily i called BC and was asked to enter the acc no during the IVR telephone process and as if by magic, the account was found!

 

There has been no problem finding it until the SAR was sent, Hmmmmm

[martin2006]

so i slightly jumped the gun a bit and have now sent a s7 non compliance and also a cease processing giving a further 14 days as i believe thats the correct way to go about things.

 

should the 14 days expire with nothing forthcoming i have 2 options i believe, court action or ICO, any advice which would be best route to take?

[martin2006]

2 letters arrived from barclays, 1st one says they need more information but doesnt say what info they require, fired s7 and cease processing letters and lo and behold i now have to send them a "which branch" form as they now have found my account, marvellous barclays, knew you could do it, even it has took you nearly a month over the 40 day limit.

[martin2006]

Still had nothing from BC re SAR, that was sent 11 nov 15, sent s10 cease processing letter, dated 11-jan-16, had zero response and info still being reported to CRA's. Also sent s7 failure to comply with SAR 11-jan-16 and no response to that either.

 

Spoke to BC complaints and ICO and have to exhaust complaints procedure with BC before ICO will get involved.

 

Complaint logged in full with Higher management Complaints 9-feb-16 and now 56 days for them to drag their heels a bit more.

 

nature of complaint is:

 

Failure to comply with SAR within 40 day timescale

Failure to cease and desist data processing within timescale

Reporting of incorrect default information on CRA files which will have the acc in default for 12 years if not corrected and/or removed

Penalty charges on account which i cannot challenge until SAR is complied with

Entitlement to damages due to failure of compliance

 

The account was "closed" by BC back in 2009 for "business" reasons, i dug my heels in and refused to pay. Default should have been logged way back then.

The account was officially "closed" and sold to MKDP LLP in 8/14 who re registered the default from then.

 

It is my understanding that is an abuse of process and will have the account in default for around 12 years.

 

BC on my CRA shows clear of default and £0 balance

MKDP LLP have simply re registered it in a different name with a further 6 years to run.

 

my options atm are to allow 56 days for BC to look at complaint, then take it to ICO and ultimately to court if all else fails

[slick132]

Noted and keep us updated.

 

[martin2006]

Spoke to one of the complaints guys at BC.

I will have all statements from acc opening back in 08 to date in the next few days although this is nothing to do with the SAR request, he just said he was sending them out, hopefully to my current address.

He was actually very helpful. I am now curious to see what actually comes back when the SAR is eventually done, 6 yrs and all, u know what i mean!!

[martin2006]

Quick question regarding defaults.

 

I now have statements which show the account SHOULD have been placed in default as no payments were made between 3-8-09 and 10-11-09, just over 3 months. My argument will be that is the original default date.

If the default had been done back then, could a DCA place a default in Aug 2014 if the account was never brought back fully up to date?

 

Thanks in advance guys, ive added all the charges up and with restitutionary interest its almost 3x the outstanding balance so i may have a little leverage with the default date alteration to its correct date, or what i believe to be its correct date.

[dx100uk]

you can only be defaulted once.

 

 

that should have been 3mts missed payments date.

[martin2006]

Thanks dx that what i thought

[slick132]

Hi Martin,

 

If no payments were made between those dates and the creditor acted in a timely manner, I'd expect a default to be posted no later than Feb 2010.

 

However, if penalty chgs and interest are 3x more than the current debt, you should take court action to get a refund and the removal of the adverse credit data.

 

Have you seen the success threads here, several of which include removal of adverse credit data - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

This is far more likely to lead to the removal of all adverse CRA data for the a/c AND the debt should be paid off AND you'd get a refund on top.

 

Time for a Prelim Claim letter.

 

[martin2006]

Current debt £696

Claim value £1616

No payment between 3/8 and 10/11 then dd until ac closed by BC.

 

The above along with comp claim for failing sar etc

 

The default is now in the name of HPH2 and not MKDP LLP as its been re assigned.

Barclaycard shows zero balance and is closed.

[slick132]

So will you set the reclaim process in motion ?