Help Please

[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

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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my written permission allowing Barclays Bank Plc to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation.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. :evil:

[TheDean]

I can hear mr N1 about to get involved...

[phil_charman]

how would an N1 force them to remove the default, the default is for £1900 my charges are £300?

 

Plus the N1 is for charges only is it not, forgive my stupidity I am new and very scared to the bullying the bank scenareo

[Tinkerbelle]

Have a look at the template letters again. The option to request removal is part of the process.

 

Do you still owe them money?

 

You won't get the default removed if you still owe them money.

[phil_charman]

good god no, for clarification, I dont owe anyone a penny all defaults are settled and have been for at least a year, they are a pain and im sure I settled alot of them if not all without gettign default notices, as they were accounts i was well aware of their overdrawn state etc.

 

i just dont know what to do now, im all lost and need some help.

[Tinkerbelle]

Are all the defaulted accounts closed?

[phil_charman]

Sure are, all have been closed for at least a year.

[Tinkerbelle]

Ok, Well I would suggest that you send the Statutory Notice, along with a covering letter, giving them 21 days to cease processing your data to third parties.

 

Expect a couple round of letters before you end up having to file claims at court. Some will crumble, but most will more than likely defend, and try and scare you into giving up.

 

However, at the end of the day, they need to explain their actions in front of a judge...

 

Knock up a reply and we'll have a look at it.

 

Don't give up yet!

[phil_charman]

Ok, so this is what i was going to write,

 

Barclays

Consumer Finance Customer Relations

PO Box 362

Manchester

M60 3PN

Without Prejudice

Date: 10 November 2006

Our ref: Barclays.default.2

Your Ref: 10021K15

Dear Sirs

Account number – xxxxxxxx

Sort Code – xx-xx-xx

Thank you very much for your letter dated 8 November 2006.

Ms Schofield stated that she could not add any further comments regarding the Default Notice I have repeatedly asked for and I make the assumption that you do not have one.

Ms Schofield repeatedly refers to the Termination Notice, which I am not interested in as it does not substantiate a default being registered against my name.

Ms Schofield on the 30 October 2006 sent me falsified documents, namely copies of a Termination Notice and Final Warning Letter, copies are enclosed for ease of reference.

Upon questioning a rather dubious attempt at an explanation was made that clearly does not quantify the falsification and passing off of true legal documents.

Further copies alleged to true have been received but I note, and questioned in my letter of 6 November 2006 that the 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. To which I have received no explanation.

You also state that you have met your legal obligation by sending the termination prior to registering the default and then in the next line you state that the default is registered on the date the termination was issued and this is correct.

The two statements above are completely contradicting and I welcome you to supply me with the relevant legal obligation in respect of this.

I also requested a copy of my original account opening form with my signature on it, which has yet to materialize.

I am not prepared to continue this completely juvenile charade and be classically ‘fobbed’ off by standard letters form someone in the customer relations department.

This is rapidly growing into a legal matter and will no doubt result in a court case and the publication of how Barclays Bank representatives attempt to provide false documents, contradict statements and have no idea of the legal obligations they are bound by.

You now have 12 days from the date of my original letter of 24 October 2006 to supply me with the default notice.

If indeed you do not have a copy you must remove the default without fail.

Yours faithfully

Phillip J Charman

 

 

So you think I should include the stat notice and then file in court, does this actually ge the default removed ??

[phil_charman]

Hold on.............

 

just been reading through the correspondence received from Barclays and the Final Warning : legal Action dated 3 February 2006 states that if i do not pay the legal department will register name etc with one of following CRA's.

 

Now they terminated on 23/12/05 and this is when the default was registered but the file was updated the period 06/08/06 does this mean they have processed data outside of the contract and they registered the default before they submitted the paperwork, it all very confusing now.....

[Tinkerbelle]

If you put without prejudice on your letters it means that it cannot be used as reference in court. Is that what you want?

 

Letter looks good. Don't send the Stat Notice with this letter. If they don't respond positively to the above letter, then you send the SB template letter - modified to suit your case - along with the Statutory Notice.

 

Anyway, just a few typos

====================================

Barclays

Consumer Finance Customer Relations

PO Box 362

Manchester

M60 3PN

Without Prejudice (Remove)

 

Date: 10 November 2006

 

Our ref: Barclays.default.2

 

Your Ref: 10021K15

 

Dear Sirs

 

Account number – xxxxxxxx

 

Sort Code – xx-xx-xx

 

Thank you very much for your letter dated 8 November 2006.

 

Ms Schofield stated that she could not add any further comments regarding the Default Notice I have repeatedly asked for and I make the assumption that you do not have one.

 

Ms Schofield repeatedly refers to the Termination Notice, which I am not interested in as it does not substantiate a default being registered against my name.

 

Ms Schofield on the 30 October 2006 sent me falsified documents, namely copies of a Termination Notice and Final Warning Letter, copies are enclosed for ease of reference.

 

Upon questioning, a rather dubious attempt at an explanation was made that clearly does not quantify the falsification and passing off of true legal documents.

 

Further copies alleged to be true have been received, but I note and questioned in my letter of 6 November 2006 that the 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. To which I have received no explanation.

 

You also state that you have met your legal obligation by sending the termination prior to registering the default and then in the next line you state that the default is registered on the date the termination was issued and this is correct.

 

The two statements above are completely contradictory and I welcome you to supply me with the relevant legal obligation in respect of this.

 

I also requested a copy of my original account opening form with my signature on it, which has yet to materialize.

 

I am not prepared to continue this completely juvenile charade and be classically ‘fobbed’ off by standard letters from someone in the customer relations department.

 

This is rapidly growing into a legal matter and will no doubt result in a court case and the publication of how Barclays Bank representatives attempt to provide false documents, contradict statements and have no idea of the legal obligations they are bound by.

 

You now have 12 days from the date of my original letter of 24 October 2006 to supply me with the default notice.

 

If indeed you do not have a copy you must remove the default without fail.

 

Yours faithfully

[phil_charman]

Well I received a repty today !!

 

it goes a little something like this,

 

Dear me,

 

I am sorry that you are unhappy with the response from ms schofield concerning the termination notice that is registered with the credit reference agengies. [funny I thought it was a default notice registered]

I have investigated your complaint and Ms Scholfields response and wholy agree with her response.

 

As we have already informed you, the bank demanded the repayment of the overdraft on the 23 December 2005. The bank are not required to keep a copy of the original termination notice but a copy of the original document is saved on the banks computer. I note you have received a copy of it already and that is all we are required to provide you with. I do apologise that due to a systems error the incorrect termination date was put on the final warning letter.

 

The recording by the bank of default details with credit refernce agencies is not governed by the consumer credit act.

 

Disclosure of information to the credit refernce agencies is governed by the data protection act. The standard practise for recording such information, which is followed by all banks was agreed with the data protection registrar and is now incorportated in the banks code of practise. Any personal account which is in default may be recorded provided that the bank has not received a satisfactory response to formal demand and notice of intention to disclose.

 

When a termination notice is sent the bank gives you time to try and rectify the account. We can only register the default once the account has been closed and transferred the branch recovery unit. When the default is registered it is always the date that the termination notice was issued.

 

I have requested our retail banking department to provide you with a copy of the opening form with your signature on.

 

I am sorry if this is not the answer......standard bull poo.

 

Ok, so now a different tactic I think, if they cant supply me with my opening form then there is not permission to disclose the data, correct???

Im sure they must have supplied a default notice to tell me it was in default, im all so confused now, I would much rather try and beat them before Court, because I think my case is weak and I dont know enough regarding termination notice and default notices.

Im hoping they cant get the opening form............

Can anyone out there help????