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.
Did you have an agreed overdraft please?
It was approx 2003/4
yes the overdraft was an agreed arrangement
Was it renewed annually?
don't think so, it was a continual arrangement. This was a personal account not a business account.
Yes. Even personal accounts generally need to be renewed. Do you have any evidence that it was continual?
Have they now removed the default?
What damage, if any have you suffered as a result?
Not now ! all old statements etc have been disposed off
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 !
What you need to do is write and ask them to remove the '6' or say you will go to Court.
If they refuse then you need to issue proceedings
You need to complete form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Already done that three times now ! No response.
You are asking the Court for an Order under Section 14 of the Data Protection Act which states
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.
The Court can Order that they notify the credit reference agencies.
You can also sue for a breach of Section 13
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.
Can I clarify anything for you about this today please?
Sounds like a plan, many thanks
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