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Default Removal - Barclays Response


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Hope someone can help as I'm having a little trouble. I thoroughly read through the letter that Surlybonds had compiled regarding removal of defaults and changed it accordingly then sent it to Barclays Bank. I have received a letter back from them saying the default will remain on my account for 6 years. My account was closed on the 19 January 2005 after a Termination Notice was issued on the 10 December 2004. Nowhere in this notice does it mention a default being added to my credit rating, it just simply says the account was being closed.

 

The remainder of the oustanding balance was completely paid off early November 2006. Where do I go from here? Should I write another letter? Please, please can someone help?

 

Thank you

 

 

Chloe

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Hi Chloe,

 

Could you maybe post the exact response from Barclays? It might help others to give you a better reply, and to let everyone see how different banks are responding to everyones requests for these default removals,

 

Cheers,

Lee

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Hope someone can help as I'm having a little trouble. I thoroughly read through the letter that Surlybonds had compiled regarding removal of defaults and changed it accordingly then sent it to Barclays Bank. I have received a letter back from them saying the default will remain on my account for 6 years. My account was closed on the 19 January 2005 after a Termination Notice was issued on the 10 December 2004. Nowhere in this notice does it mention a default being added to my credit rating, it just simply says the account was being closed.

 

The remainder of the oustanding balance was completely paid off early November 2006. Where do I go from here? Should I write another letter? Please, please can someone help?

 

Thank you

 

 

 

 

Chloe

 

Hi

Can't really help at the moment but yesterday I posted my same letter to Barclaycard, they did not reply to my first one in November. I sent a second letter on 3rd Jan, they replied by the 5th with a standard letter asking for all the account details, my home address which had been supplied in the two letters, they are obviously stalling! Anyway posted Surlybond's letter yesterday amended slightly. If I don't get any joy I will be taking it further. My account was setled in 2004, I did not receive a default notice.

 

I will let you know how I get on.

Cheers

Botsy

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Redfox,

 

 

if they did not supply a default notice to you, they had no right to issue the default

 

You may find that your only way of getting them to take you seriously is to make a court claim against them

 

Is there an outstanding balance on the debt?

 

If so, it will be almost impossible to get the court on your side, that is why I am waiting until I have paid mine off prior to court action

 

Another approach for you may be to issue a CCA asking them to supply a copy of the original credit agreement in which you agreed to them processing your data to the Credit Agencies, if they cannot supply this they have no proof of your permission and therfore the default should be removed

 

 

 

 

 

 

!!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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There was an outstanding amount of £164 which I paid in full in November 2006. In 2004/2005 I received a Termination notice regarding my account but no where on that notice was the word DEFAULT.

 

So do I need to go to court to get them to remove the Default? I have sent the letter written by Surlybonds, should I reply to their response and give them 14 days before court action?

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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There was an outstanding amount of £164 which I paid in full in November 2006. In 2004/2005 I received a Termination notice regarding my account but no where on that notice was the word DEFAULT.

 

So do I need to go to court to get them to remove the Default? I have sent the letter written by Surlybonds, should I reply to their response and give them 14 days before court action?

 

Lovely!

 

 

My friend, it appears to me you have them 'bang to rights' in as much as by sending you a termination notice they themselves ended the contract AND you have paid them off in full

 

In addition to this, they didnt even issue the default notice in the first place

 

In ending the contract with you they gave up the agreement that entitled them to process your data, so a court would without a doubt fall on your side

 

Give them one more chance to remove it, stating that court action will commence within 14 days if they have not removed any and all entries relating to your account from the credit files (and anywhere else for that matter!) in that time, or given you a letter stating the time frame in which they will do this (absolute maximum 28 days).

 

They will probably quote the 'industry standard is to keep the file for 6 years after default' line - this does not constiute a legal right, so is effectively Bull 'manure'!

 

 

Hope this helps! :D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi

Could someone confirm whether a Default Notice must have 'Default Notice' on the letter as I don't believe I received one from Capital One in May 06 when my account was given to Debitas. I am also told that legally a lender must default an account if 3 payments are missed. Have I been misinformed?

I have my N1 Form ready but on further reading on this forum will it be better to wait until I have paid the account in full?(about 3 months). By the way I have asked Cap 1 to remove the default in a letter but I have not asked for a copy of the original agreement or default. It seems I need to do this before I go to court?

 

I am still waiting for a response from Barclaycard re the removal of my settled default. Not holding my breath it will probably be court action again.

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I think it is at the lenders discrepancy whether to default you after 3 months of missed payment, again i think thats just 'industry practice' not 'law' as ive read there is no 'law' governing anything like that.

 

I have also read that you stand a hell of a better chance if the account is satisfied, im just about to do the same for HSBC, and prepared to go to court if need be, but im trying the 'ask nicely' route first and im hoping it wont go that far, if it does, ill use surely bonds method as the credit agreement was terminated 2 years ago when they 'defaulted' me.

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Cheers for that - I also believe it is "industry practice" as you state.

 

I may wait until the default is settled, but at the same I'm angry that the default occurred apparently as I went over my limit - caused by excessive charges on the account - what a nightmare!

 

On top of trying to get my credit history repaired I received a letter from Marks & Spencer Chargecard informing me that they are charging me £12 for a letter they sent me re my account. Don't these lenders ever stop???:-x

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If thats the case, i think the process to follow is to get the charges back, and put into the letters (templates on this site) that as a result of the illegal charges applied to your account, the default was placed, therefore should be illegal as well (to an effect)

 

Theres loads of info on here about that too!

 

My situation really is painful, stresses me out no end.

 

Excellent job, well run credit accounts (opened before default was placed on file ofc) but still denied the ability to even open a mobile phone contract without paying a £150 deposit because of a default account i settled within 24 hours in full with HSBC's 'collectors'.

 

Now im penalised and me and my family are suffering because i made a mistake as a student! (And rectified it immediatly i add!)

 

Good luck!

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If thats the case, i think the process to follow is to get the charges back, and put into the letters (templates on this site) that as a result of the illegal charges applied to your account, the default was placed, therefore should be illegal as well (to an effect)

 

Theres loads of info on here about that too!

 

My situation really is painful, stresses me out no end.

 

Excellent job, well run credit accounts (opened before default was placed on file ofc) but still denied the ability to even open a mobile phone contract without paying a £150 deposit because of a default account i settled within 24 hours in full with HSBC's 'collectors'.

 

Now im penalised and me and my family are suffering because i made a mistake as a student! (And rectified it immediatly i add!)

 

Good luck!

 

Yes, I know where you're coming from. Thanks for your response. I shall probably submit the N1 to Cap 1 regardless of it being settled right now, As for Barclaycard I intend to fight to the end!

 

Good Luck with yours.

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I thought that if the account was settled with no outstanding balance you couldn't ask for a copy of the credit agreement.

 

What about trying a s10 notice

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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I thought that if the account was settled with no outstanding balance you couldn't ask for a copy of the credit agreement.

 

What about trying a s10 notice

 

Hi Pugsley

I haven't requested a copy of my original credit agreement with Barclaycard but I issued a s.10 Notice on 8th Jan to them, so I am just waiting to see what comes back from them.

 

My Cap 1 account is not settled but I strongly believe that the default has occurred because of the charges that were being levied. Before the account was defaulted I didn't use my account for about 4 months.

Cheers

Botsy.

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yes I know you haven't but someone above suggested it. I have served barclaycard with a s10 notice too and Capital one, they haven't worked yet but I intend to talke it to court when I can afford the £150 a pop.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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  • 1 month later...

So, I should send Barclays a Letter Before Action and then an S10? Where can I find an S10?

 

Then I take them to court?

 

Not sure of this process

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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