Getting My Default Removed With Barclaycard.

[powerful_rogue]

Hi,

 

Due to all the microfiche problems, I thought id leave claiming back any charges from Barclaycard for a while until the situation is all sorted.

 

Instead im embarking on getting my default that was registered in 2002 removed. For further information on the process involved, have a look at THIS thread. I have no record for receiving a default letter. I may have done, but not that I can remember.

 

Well I phoned uptoday to get my account number and address changed over. I was informed that they could change my address over, but would not be able to give me my account number over the phone.

Instead the woman stated she would send me out a statement from April 2002. This was when the account was last active and will show me my account number. (Microfiche argument anyone??)

 

In the end I found my old Barclaycard with account number on it, but at least ive got a statement out of it!

 

Letter all typed up and ready to be sent in the morning.

 

Barclaycard

1234 Pavilion Drive

Northampton

NN4 7SG

 

123 My Street

My Town

My County

AB12 CDE

 

Date: 21st June 2006

Card Number: 12345678912345

 

 

Dear Sir or Madam

 

After recently obtaining a copy of my credit file from all three credit report agencies, I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) (for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1234 567890.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

I contacted your customer service department on the 20th June 2006 to reflect my new address. My previous address was 12, Old Street, Old Town , Old County, CD34 FGH. To confirm my identity incase your system has not been updated, my date of birth is 1st January 1900 and the credit limit for the account was £1000.

 

Yours faithfully

 

 

 

Powerful Rogue

 

I will keep you updated with any progress.

[powerful_rogue]

Right,

 

Well I received no reply from barclaycard, So sent a letter to Callcredit along with a copy of the letter I posted to barclaycard and also a copy of my credit file.

 

Chased Call Credit up a few times and was advised that they have 28 days to look into a dispute. The left it to the 26th day before they even looked at it!

 

I then received a letter from Callcredit stating that they dont hold any information supplied by barclaycard.

I tried to explain that I sent them a copy of my credit report confirming they did hold details but they were having none of it!

 

Got in touch with checkmyfile.com who I purchased the report from, and they are going to deal direct with callcredit to resolve the issue.

 

What a waste of space callcredit are.

 

Will keep you all updated!

[Stopthethieves]

How about paying £2 for your file direct from callCredit. See if it matches and if it does, reclaim your £2 anyway.

 

Regards

[powerful_rogue]

Was thinking about that, but I already paid £20 to checkmyfile for the reports.

 

Will leave it for the time being for checkmyfile to contact callcredit.

[powerful_rogue]

I never did receive a reply back from barclaycard. After much emailing and calling callcredit, they kept advising they didnt hold any details of this on my file - thats even with me sending them in a copy of their own credit file highlighting that they did!

 

For numerous reasons and lack of time, I wasnt able to chase this up anymore.

 

Im thinking of sending a copy of surlybonds default removal letter, however do I send this to Barclaycard or to Lowell Finance who I ended up paying the debt off to?

 

The defaults due to drop off in April 2008, however one more attempt wont hurt!

[slick132]

Hi PR,

 

have a look here - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

Has the debt been settled in full now.

 

If so, are you going to reclaim your penalty chgs which BC are now repaying more readily.

 

If not, you can use letter N from here - http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html - to start the process of proving the debt to be unenforceable, so balance can be reduced to nil.

 

Slick

[powerful_rogue]

Hi Slick,

 

Ive received my statements quite a while back, So tomorrow im going to be posting my LBA for £160.

Im also sending another letter asking for a copy of the credit agreement (with £1) as I noticed there are PPI charges which I dont remember signing up for.

 

The debt is all clear now, was finally cleared in 2005 after it was passed to Lowell Finance.

 

I made all the payments to Lowell after it was passed to them and after it was cleared had to chase them up several times to show it as setteled on my creidt file. This is where I get a bit confused! The letter askinf for the default to be removed (surlybonds letter) - will I need to send that to Barclaycard or to Lowell Finance?

 

Many Thanks

 

Dave

[slick132]

hi Dave,

 

Not my forte really but I assume BC would have posted the default before debt was passed on.

 

There is more info re defaults here - http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

Also a lot of good stuff is to be found in the Debt forum.

 

If you don't find what you need, come back and we'll get you answers.

[powerful_rogue]

Received a copy of my CCA request back this morning:

 

In the letter is also stated -

Please note I have passed your letter on to the relevant department who will be dealing with any queries relating to a default notice.

To contact Lowell's Group please call XXXX

So it appears it is Lowell who put the default on the file.

 

Below is the copy of the credit agreement they sent me. From first impressions could anyone advise if it confirms to the specfications in the CCA? I cant see any signature from Barclaycard, nor can i see the words Credit Agreement at the top.

 

 

Also the other worrying thing I noticed is how the PPI has been built into the CCA with no option to opt out.

 

[slick132]

Hi PR,

 

As I've said before, this isn't my forte so I've flagged your post to get opinions for you.

[steven4064]

It's an application form not a credit agreement.

[Curlyben]

This can be a drawn out process and will likely end up in court action.

For starters have a good read through this: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[powerful_rogue]

Hi,

 

Thanks for your replies

 

The letter i received said:

 

Dear Powerful Rogue,

 

Reference SECTION 78 of the Consumer Credit Act 1974

 

I write further to your letter dated 11th December 2007 requesting information regarding your Barclaycard Account under the above Act.

 

Please find enclosed information as follows:

 

• A signed copy of your Application Credit Card Agreement regulated by the Consumer Credit Act 1974
  
• A copy of your Barclaycard Executed Agreement regulated by the Consumer Credit Act 1974
  
• The outstanding balance on your account as of the date your account was passed to Lowell's Group was £1,254.38.

Please note I have passed your letter in to the relevant department who will be dealing with any queries relating to the default.

 

To contact Lowell's Group please call xxxxxxxxxx

 

The information enclosed completes our obligatopn to supply information and copy documents under the Consumer Credit Act, I trust that this is suitable for your purpose, however please do not hesitate to contact me should you require any further assistance.

 

Yours Sincerly

 

The enclosed documents were the above scanned agreement, and a copy of the terms and conditions from 2001.

[powerful_rogue]

This can be a drawn out process and will likely end up in court action.

For starters have a good read through this: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

Thanks

 

Ive sent the letter suggested in the above link to Capital One and Sainsbury. In regards to Barclaycard I wasnt sure who to send it to, however it now appears it will be Lowell Finance.

 

If the agreemennt they sent me does not meet the proposed layout of the CCA, then thats an extra bit of ammo.

 

The defaults due to drop off in around 5 months, so im hoping they will remove it early if i fight hard enough. Court action isnt really an option, by the time it all goes through and a date set, then the default would have dropped off by itself!

[steven4064]

Hi PR

 

I would say that they have not complied with s78(1) and they haven't even sent you what they say they have sent. It might be argued that they have sent what is known as a 'true copy' (Curlyben might confirm (or deny )) but what they have sent is not enforceable (IMO) by virtue of s59 of the CCA1974.

[Paintball]

Thanks

 

Ive sent the letter suggested in the above link to Capital One and Sainsbury. In regards to Barclaycard I wasnt sure who to send it to, however it now appears it will be Lowell Finance.

 

If the agreemennt they sent me does not meet the proposed layout of the CCA, then thats an extra bit of ammo.

 

The defaults due to drop off in around 5 months, so im hoping they will remove it early if i fight hard enough. Court action isnt really an option, by the time it all goes through and a date set, then the default would have dropped off by itself!

 

It can be a notoriously difficult and drawn out process getting a default removed from a 'credit file', however, I have managed to get both NatWest and Barclaycard to remove defaults in conjunction with reclaiming penalty charges. My N1/POC requested the return of money and the removal of default and the defaults were removed from my file very very quickly prior to court action by both of these financial institutions.

 

So, my personal opinion is ... go for it!!