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Barclays breach the GDPR ??


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In 2008 Barclays were challenged on unlawful charges.

 

Shortly after Barclays terminated the overdraft and the account was closed....apparently banks were known for this behaviour at the time.

 

Although a  termination letter was served Barclays never sought payment, nor did they enforce.

 

Barclays sent annual statements until 2019 and the overdraft was registered at the CRA as a "live" account with a status of 6 (the worst status)..

 

The bank decided to write the balance off in 2019 and update the credit file as settled, although the negative data remains.

 

In 2019 the bank was informed that the account was statute barred in 2014 and the negative data should not have been recorded on the credit file between 2014 and 2019 - the bank disagreed.

 

The credit file continues to show the negative data and will not drop off untill 2025.

 

The damage continues as a loan was declined last week.

 

Is it fair to damage an individuals credit status for 17 years?????....

 

Barclays seem to be in breach of the FCA 6th principle of treating customers fairly, the DPA 1998, and the GDPR.

 

 

 

 

 

 

 

 

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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p'haps angle more toward the SB and compo? it should not be on her credit file past 6yrs, and has caused damage since 2014 to her rating/worthiness  no payments have been made since 2008.

The only businesses more hated than banks are debt collectors, and unlike Banks they're not a necessary evil.   In my (admittedly brief) experience, the quickest responses I've had to Subject Access R

Letter going off today.      On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction p

did you ever goto the ICO PW?

 

you say you have evidence of termination in B/W then with the rules of that time the A/C should have been defaulted within 3-6mts.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI DX

 

I didn't report the matter to the ICO because Barclays apologised for passing the account on to the DCA and compensated for their error.

 

I did recall the account being terminated by the CCA notice in 2008 but could not find it. 

The bank, therefore disagreed that the account was statute barred from 2014.

 

I sent a DSAR for copies of termination notices etc,  but the bank could not locate anything.

The account was always "live" until the settled status in 2019.

Settled accounts stays on ones file for a further 6 years after a settled status, the consequence is a 17 year hit of negative data.

 

PW

 

I did report the matter to the ICO in July 2019...I need to chase this up??

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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but what did you complain about and what evidence do you have in B/W that they did terminate in 2008? any?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Barclays made contact in 2018 and said they were writing the balance off and the credit file would amended to reflect this by Feb 2019. The bank didn't amend amend the credit file and passed the account on to a third party. (The first complaint)....my second complaint of incorrect data post 2014 was rejected because the bank said they did not terminate, although they acknowledged that the account would have disappeared in 2014 had they terminated.

 

I found the termination notice in a briefcase which was located within my own documents a week or so ago.

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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and BC are not aware you have now written proof of termination?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

then time to send them a new letter. with a copy of your evidence.

 

i have now discovered after searching in my (my parents loft or Where led you to now find it) a termination notice issued by you dated.

 

i now required you to abide by the ICO regulations/guidelines of that time which stated (something like: a default should be recorded within 3-6mts rather than a series of ongoing marking lasting years, which are unfair on debtors )

 

i give you 14 days to correctly default the account on the correct date or i will raise a serious complaint and seek financial compensation for the XX years this account has blighted my credit rating against you with the ICO without further notice .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Paul long time :)

 

This is becoming a regular occurrence and is entirely due to the sloppy way the newish guides and regs are worded.

What they will be saying as that the account was never closed, and more importantlya default notice was never issued, therefor they are entitled to do this x years later.

 

I have recently handled five like this, mostly from lower end credit card suppliers or their chosen DCA's. You will be pleased to hear,

One of the Vanquis accounts did this exactly the way you describe, cash apology and all. 

However i continued to press them, the cheque they sent you is for damages due to there error and subsequent damages.

They have not rectified the source of that damage. In my case they had to get the account back from the dca backdate the default date and then remove all mention of it from the file.

 

The default should never have been issued so long after termination of the account, although legally due to a recent court case they can.

There are plenty of other solid reasons for this action being wrong luckily . The default should have been recorded before sale and also it is unfair, possibly legally so under section 140 to name but two, you need to contact them both by phone and back up any responses by email, the Vanquis one took me about six months to sort out, they tried all sorts of delaying tactics.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Peter

 

Good to see you are still around.

 

Correct they are saying the account was never closed.

 

However, as DX rightly states the default should have been registered and the same would have long since been removed. Its unfair to record a series of missed monthly payments for 17 years as this would be the case if it were to continue until 2025.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi

 

A couple of things. This was an overdraft, ie there was no individual signed agreement? It was generally the case back then, they were called Tacit agreements, the facility was there for you to draw on but it was not covered by part v of the consumer credit act, therefore there is no need for them to send a DN under section 87 of that act. The do however have to warn you about recording a default(little d) on your file.

You will probably  find your termination notice was sent under section 98 or 76 of the cca. Should be 98 none default termination really.

This means that the full sum is due on demand after termination, you should check your agreement to confirm this. This does not mean its payable at that point.

 

Overdraft statute bar is covered by section 6 of the SOL not section 5 and applies six years from when the loan was recalled. So it should have been SB from that date.

 

If they say the termination notice was not a demand, you can say, Ok why is it being recorded as such now

 

As far as registering a default, it was they who terminated and failed to suggest an alternative payment arrangement, so what exactly did you default on.

 

I remember there was a big issue about the termination of egg agreements on here about 2011.Egg terminated all there none performing(not defaulted) agreements and sold the lot, I think it was to Barclay's funny enough.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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The overdraft was payable on demand and the termination notice was served pursuant section 76(1) and 98(1) CCA 1974. The agreement and overdraft were terminated on the 05/09/2008. 

 

 

 

 

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Peter,

 

What happens to a credit file when an agreement is terminated under sec 98? It surely cannot remain active ??

 

The termination notice requires payment of the overdraft within 14 days. I assume they register a default on your credit file after the 14 days?

Edited by paulwlton
Adding another para

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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send that letter.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I do recall now that I submitted a complaint to the ICO in 2019. I’ll give them a call tomorrow and chase this up. 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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but you didnt have the evidence.

you do now

 

but you must now give Barclays the option to resolve 1st

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
22 hours ago, paulwlton said:

Peter,

 

What happens to a credit file when an agreement is terminated under sec 98? It surely cannot remain active ??

 

The termination notice requires payment of the overdraft within 14 days. I assume they register a default on your credit file after the 14 days?

Hi Paul

I understand this is an overdraft?

 

If so there would be no agreement(usually) unless your OD was a separate open ended loan, which again generally didn't happen back then. It is covered by the CCA however, any signed agreement would be the one you signed when you took out your bank account.

 

If you send the letter DX proposes i dare say you will get this from the horses mouth. The info you require regarding your overdraft will be on your bank statement of course, not any CCA related document.

 

The CCA was amended with section 61, i think, this made banks issue agreements after that date.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry didn't answer your question.

 

yes a default will be registered on your bank account and on your CRA

 

If the 98 notice says 14days, from the date on the notice and the notice was sent before Jan 2015, and you have not paid anything since, it is SB. And also should not appear on your file.IMO

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I agree Peter,

 

Spoke at length with Barclays earlier. Now they know I have the evidence of termination they are now taking the matter seriously.

 

Regards

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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well lets hope they get serious about compo too..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Btw, I submitted a complaint in 2017 to Barclays after being turned down for a loan due to the credit data connection. The complaint was fobbed off. My credit score was high and the only negative was by connection to my wife. 
 

Para 4, ICO technical  guidance on the filing  of defaults at CRAs


4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 

 

Fig. 5: Account Status Codes for Current Accounts Explained

0

Your account is in credit; your account is not overdrawn; you are managing your account within the terms of your agreement.

1

Agreed repayments are one to two months behind; your overdraft balance has been greater than your overdraft limit for one to two months; cheques, direct debits and standing orders may have been bounced to keep the account in order.

2

Agreed repayments are two to three months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a second month to keep the account in order.

3

Agreed repayments are three or more months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a third month to keep the account in order.

4-6

Agreed repayments are more than three months behind but you have agreed new repayments with the lender to bring the account in order.

8

Your overdraft balance has been greater than your overdraft limit for more than three months and you have not agreed new repayments to bring the account in order.
The lender has decided that you have broken the terms of your agreement and has told you that your account is now in
‘default’; the lender has closed your account.

U

Your account has just been opened; your account is more than three months old, has a zero balance and has not been used in the last month.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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and they are from the correct time period?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Paul

Yes they can terminate the account, this would be true on any loan or financial agreement regulated or not, as could the debtor.

 

What they should not do is demand immediate repayment, as this would be thrown out of any subsequent proceedings because there is no default.

 

That is what I meant by the sum is due but not payable, as there has been no reasonable repayment schedule proposed. at least, that is what I would argue. There was no break-down in any agreement ,no defaults they just closed your account. I am assuming on little facts that this is true in your case.

 

Having done that, they have in addition shot themselves in the foot in regards to the SB, as mentioned earlier the six years period commenced from the date on that document. Any recovery agent should drop the case immediately upon being informed of this under FCA rules.

 

Cheers 

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Peter,

 

I thought overdrafts were payable on demand ?

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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