Barclays loan default 5 years after default notice!!!

[barclayeater]

Hi Caggers,

 

I took out a personal loan in 2007 to pay a tax bill

the bank manager at the time agreed repayment over a period of 6 months.

My circumstances changed and I was unable to pay.

The loan docs were on one side of A4 with no real T&Cs etc.

 

 

The bank manager was eventually fired

I received new documents to urgently sign by the new branch manager.

These looked more like a proper credit agreement.

 

I carried out a CCA request and found in the statements that by account balance had been corrected to £0.

 

Barclays continued to be very pushy in relation to signing a new set of T&C's.

I knew something was fishy and refused to sign,

they retaliated by closing the account.

 

5 years later I received a DN on my credit file out of the blue which I thought was utterly unfair.

I was not in a position to apply for credit so thought that I would wait to see what happens.

 

I have had no communication with the bank about this since 2010

and am looking for grounds on which I can argue for this default to be removed.

 

If it was properly applied in 2007 then 6 years would have long passed?

 

Many thanks for reading and apologies if it sounds convoluted.

[dx100uk]

time to write to Barclays me thinks..

 

 

the default should be registered after the third 'missed' payment

 

 

slick132 will advise better.

 

 

dx

[slick132]

H Barclayeater and welcome to CAG

 

First move is to send the bank a SAR with the £10 fee - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

This should result in you getting details of all data held about you by Barclays.

 

It won't necessarily turn up copy documents like a credit agreement but it may produce useful data.

 

Once you have the data, you can then see what you have to substantiate any demand for the removal of a default or adverse CRA data.

 

[barclayeater]

Thanks Slick,

 

I have already done a SAR and have not had any communication with them for the past 6/7 years. The 'default letter' was sent in 2010!

[slick132]

When was the SAR sent ?

 

[martin2006]

whats the date of the default on your CRA file? If its 2010 it will be coming off this year anyway. Im not for one minute saying thats acceptable, it should be gone already. barclays doing this alot recently.

[fkofilee]

Pages 6 & 7 here should give more info.

Barclays have been very naughty with this so might be worth complaining up the top

 

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

[barclayeater]

Thanks.

 

 

Do I go straight to the ICO office for an official complaint?

 

 

The account was opened in 2007, x6m payments,

I would have expected a default notice in late 2007/early 2008.

 

 

The default notice was applied in 2012 after I made an enquiry about PPS!

 

 

Furthermore, just discovered that my husband also has the same default

and he was never been involved with the loan agreement!

I need to take Barclays to the cleaners for this.

[martin2006]

No you would have to exhaust the barckays complaint procedure and get their final response before the ICO will get involved

[barclayeater]

OK. Before I commence, when I get this removed. Will they be able to reapply the DN to reflect the original debt. Is the debt now statute barred?

[dx100uk]

once they correct the default date

the debt will not show

as the default is +6yrs old.

 

 

dx

[martin2006]

The default for your husband should also be removed in its entirety if he was not party to the loan

[barclayeater]

Is there a template letter I could start with?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?454312-Barclaycard-has-sold-my-debt-to-MKDP-with-a-wrong-default-date