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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a dormant current account with Barclays Bank, it was

Resolved Question:

I have a dormant current account with Barclay's Bank, it was not used for years and had a debit balance of £2097. Barclay's recorded the account with the credit reference agencies as in arrears.
I've agreed a full and final settlement with Barclay's and paid the settlement figure in cash, it was a condition of the settlement that Barclay's delete the credit file entry from all three CRA's. I have written acceptance from Barclay's to this effect but now Barclay's are saying there is no agreement and the balance due must stay recorded with the CRA's.
Can I issue a claim in the small claims court for damages ?
Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you have an agreed overdraft please?

Customer:

It was approx 2003/4

Customer:

yes the overdraft was an agreed arrangement

Alex Watts :

Was it renewed annually?

Customer:

don't think so, it was a continual arrangement. This was a personal account not a business account.

Alex Watts :

Yes. Even personal accounts generally need to be renewed. Do you have any evidence that it was continual?

Alex Watts :

Have they now removed the default?

Alex Watts :

What damage, if any have you suffered as a result?

Customer:

Not now ! all old statements etc have been disposed off

Alex Watts :

Have they now removed the default?

Alex Watts :

What damage, if any have you suffered as a result?

Customer:

There is no default recorded, it shows a '6' which means delinquent. I have a clean credit record, this is the only black mark so it is now impacting on my score quite heavily. If it had been defaulted when it went dormant it would have expired from my file, this apparently is a tactic used by Barclay's which creates an indefinite black mark !

Alex Watts :

What you need to do is write and ask them to remove the '6' or say you will go to Court.

Alex Watts :

If they refuse then you need to issue proceedings

Alex Watts :

You need to complete form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Customer:

Already done that three times now ! No response.

Alex Watts :

You are asking the Court for an Order under Section 14 of the Data Protection Act which states

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

The Court can Order that they notify the credit reference agencies.

Alex Watts :

You can also sue for a breach of Section 13

Alex Watts :

An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Sounds like a plan, many thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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