Barclays HELP PLEASE ! Im pulling my hair out

[phil_charman]

Hi guys, i am currently trying to get my charges back and that i suppose is going ok.

 

I am also attempting to remove a default that was registered. After many letters back and forth they have failed to supply a default notice but have supplied a termination notice.

 

The last letter I wrote was;

 

 

xxxxx

xxxxx

xxxxx

xxxxx

xxxxx

xxxx

xxxxxxxxxxxx

Barclays

Consumer Finance Customer Relations

PO Box 362

Manchester

M60 3PN

Without Prejudice

Date: 6 November 2006

Our ref: Barclays.default.2

Your Ref: xxxxxxx

Dear Ms Scholfield

Account number – xxxxxxxx

Sort Code – xx-xx-xx

Thank you very much for your letter dated 2 November 2006.

I am disappointed to note that despite two requests you still insist on sending me documents that I have not asked for and that are not relevant.

I require a signed true and certified copy of the original default notice as required by the conditions of the Consumer Credit Act 1974 sent to me prior to the default being registered against my name. A termination notice is not sufficient and does not substantiate the default being registered.

Furthermore, I also note that your final warning that is allegedly an authentic copy states that “you have not complied with the terms of the Termination Notice issued on 06/01/2006”. However, the Termination Notice that also is an alleged authentic copy is indeed dated the 23 December 2005.

Again I am faced with the same problem as before, as none of your paperwork actually matches and it is becoming clear that Barclays Bank plc are incorrectly issuing documents and then staging rather poor cover ups to hide the despicable mess they find their selves in once questioned.

That Said, I must draw your attention to the fact that you entered the default of the exact date of the termination notice and therefore, my written permission allowing Barclays Bank Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation.

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, Barclays Bank Plc is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.

 

This is confirmed in Principle 2 of the Data Protection Act, which states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

 

I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed".

You now have 16 days from the date of my original letter of 24 October 2006 to supply me with the default notice. Failure to do so will not only lead me to take this matter to the Banking Ombudsman, as you suggested, The Office of Fair Trading and the Information Commissioner's Office, detailing how you have submitted information against my file without serving correct documentation and how you fashioned documents for the purpose of covering letters, with a very poor explanation, but also to collate my case and apply to the court for an order for removal of such notice.

I would also like to hear a judge’s comments on how you have fashioned documents for the purposes set out in your letters and whilst I write I would also like to have sight of my original account opening form.

Yours faithfully

Phillip J Charman

They have replied stating;

Thank you for your letter of 6 November 2006

As regards the copy of your Default notice there is nothing further that I can add. This wuery has been covered in my previous letters. the original termination notice was sent to your prior to the closure of your account. The copies I ahve provided are true copy of the original, and as previously explained they are computer generated.

The bank ahs met its legal obligation to you by sending the termination notice prior to registering the default. The date that the default is registered is the date that the termination was issued, this is also correct.

the default remains on file for a period of 6 years from the date first registered, whether the debt is repaid or not. I am sorry that you are not happy with the answers that you are receiving from us in relation to this matter, however the fact remains that the bank has registered the default correctly on you file. We ahve not broken the terms of the data protection act in the continuing registering of this debt.

I have enclosed two leaflets for you one is produced by the credit reference angencies and the other explains th eprocedure should you wish to take your compalint to the Banking Ombudsman if you still remain unhappy with our response.

Yours sincerely

Complete loser...

Any suggestion of what I can do, they still have not sent the things I asked for and im at a loss, i need to tie them up and then bang the gits in court. :mad:

[Cpt Black]

First off - do you have a backup account with another back, if not get one today because if things go wrong, you may be lumbered without a bank account. (Although, on rereading it may already be closed)

 

Basically, you are trying to get a copy of the original termination notice of the account and a copy of the original default notice. Is this correct?

 

Did they send copies that were unsatisfactory or just letters and useless leaflets?

 

Finally, failing any conclusion within the time stated - do bring the matter to the financial ombudsman etc, notify them that you will do this (I think a letter to them at the same time you do so will suffice)

And, with every letter you send - the clock is still counting down, don't restart it.

 

I realise some of these points are not very relevant here but I thought I'd mention them for other people reading this and needing help.

 

Hope this helps.

Cpt Black

[phil_charman]

I have a true copy of the termination notice BUT the date on the Legal Letter states failed to respond to termination notice isuued 6/12/06 and the termination notice is dated 23/12/05 ?

 

No default notice has been sent to me, there is not one and I don't ever recall receiving the termination notice either else I would have responded.

 

makes me mad:mad:

[gizmo111]

On what grounds are you ahving the default removed - are your charges more or less the same as the default amount?

[phil_charman]

on the grounds that I never received the default notice and now that they are still processing data after they have terminated our agreement. My charges are only about £300 and the defaulted amount is settled and has been for a year or more

[michelle73]

Hello there, just a quickie, I have always been advised that when sending any correspondence that may or not result in legal things happening, to never put "without prejudice" on them. Apparentley this renders it inadmissable in any legal proceedings. Wasn't sure if you knew about this or not. Good luck:D

[gizmo111]

on the grounds that I never received the default notice and now that they are still processing data after they have terminated our agreement. My charges are only about £300 and the defaulted amount is settled and has been for a year or more

 

Yes but what I am getting at was the defaul;t made up of charges mostly or was it a lot more than £300?

[phil_charman]

£1900

[gizmo111]

£1900

 

Oh - back to the drawing board then. Was hoping it would be same as charges and you could use that argument.

[Cpt Black]

I think then, if they cannot supply you with acurate information for the reason of the default, say you'll see them in court. And if they come up with the evidence in court, the magistrate will ask why they couldn't supply this data earlier and probably see it as wasting court time. So, when you start court proceedings they'll probably back down and send you the information you want.

 

Hope I've got this tight now.

 

Cpt. Black