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    • Roguester
    • By Roguester 30th Nov 17, 7:13 PM
    • 8Posts
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    Roguester
    Barclaycard problems
    • #1
    • 30th Nov 17, 7:13 PM
    Barclaycard problems 30th Nov 17 at 7:13 PM
    Hello,

    Quite a complicated one here..

    Had credit card since 2000. Became disabled 2009. Reduced payments, interest free 2012. Increased payments interest free 2015.

    Barclaycard stopped payment plan this year, I complained. They tried to call a few times, but I emailed them to say I want a written reply and to stop calling. They sent a written reply three months after my complaint. Their written reply said 'you can have a new repayment plan if you send us a budget sheet'. I have difficulty doing budget sheets because of my disability and I had told them that in my complaint, and that my financial situation was the same as the previous time they set up a repayment plan.

    I called them after getting their letter. I said 'it's been three months without payment. Are you going to default my account?' explaining that doing so would cause me further problems. They explained that if they did default my account, it would be dated to 2012, when I stopped making the min. payments. They said that if they could set up a new plan, with a new budget sheet, then if it defaults in a year's time it would drop off my credit records immediately, so no problems. It was a fair suggestion, so I agreed. I sent them a budget sheet and called them after doing so, as they had advised.

    When I called, they couldn't get to the emailed budget sheet I had sent as that dept. was not open until the next week. But they said they did not want to go against what the previous person had told me, and disappeared from the call for 5 mins.

    Then they returned and said 'we can't put you on a new plan', going against what the previous person had said! At this stage, I became very anxious (my disability began to be affected) and I said they had told me I could have a new plan after I sent the budget sheet. They dug their heels in and said no plans available now. I insisted on speaking to a manager. I told her I was nearly having a panic attack because I had been told I could have a new plan in their letter, and in the previous call. She agreed that the letter said that, but that there were no new plans available, but that she would check with her manager and call me the next working day. She wouldn't tell me why there were no plans available or who had made that decision. She said there was no sign of a default. She didn't call on the next working day, so I phoned her. She wasn't at work that day. So I spoke to her colleague, and in my conversation with him I said that if my account was going to default, they would have sent me a notification of it, correct? He said yes, and that no letter had been sent, and there was no sign of any default.

    Because of my anxiety disability, I went to the Ombudsman to try to get their help in dealing with Barclaycard as these calls had had quite a damaging effect. Before lodging an official complaint, they said they would call Barclaycard to try to resolve it. They did call them, which helped me, and Barclaycard told them that the account would not be defaulted but that I should lodge an official complaint.

    The next week, Barclaycard sent me a letter saying they had defaulted my account. Then they sent me a letter saying I was on a new repayment plan.

    So, I complained again to the Ombudsman. I said 'listen to the phone calls and you will see how they ignored my disability and adamantly refused that they were misleading me'. The Ombudsman did not request the transcripts of the calls because Barclaycard admitted that they had given me misleading information. They told him that they would offer £175 as a gesture for this. They told the Ombudsman they had deleted the default from my credit records.

    I disagreed with the amount. I put an official complaint in, explaining that Barclaycard had broken the ICO rules. They had defaulted my account without first notifying me. They had refused to tell me, when requested, why they had made a decision and who had made it. And they had insisted on a budget sheet and made a decision without reference to it, despite my right to refuse to provide it because of my disability.

    They had told me, and the Ombudsman that they would not default the account and then did exactly the opposite.

    I checked my Experian records. There was nothing on there from Barclaycard. Apparently, they had not just deleted any default, but all of their records.

    So, should they default my account again, they will have no way of dating it to 2012 and I would be stuck with a default on my credit records for another six years. Again, their fault.

    They have since told the Ombudsman that they will not default my account again, and that I can pay them what I can afford. But they will not put it in writing, and the Ombudsman has said they don't have to. The Ombudsman has said they cannot assess whether Barclaycard has broken any rules or laws.

    On checking previous compensation awards, it seems £175 is an amount in the 'minor inconvenience' band. Would you guys agree that this is a minor inconvenience?

    My anxiety disability has been badly affected. They have ignored this throughout. The ICO rules have been broken by Barclaycard in a number of ways. They have lied to me and the Ombudsman and now deleted all of my credit records, possibly causing problems in a year's time.

    I am confused. The Ombudsman can offer a compensatory award, but they can't judge whether Barclaycard has broken any rules. If so, how can I challenge that? If I go to the ICO, they don't offer compensation. And why would the Ombudsman class it as 'minor inconvenience'?
    Last edited by Roguester; 30-11-2017 at 7:31 PM.
Page 1
    • eskbanker
    • By eskbanker 30th Nov 17, 8:02 PM
    • 5,905 Posts
    • 5,870 Thanks
    eskbanker
    • #2
    • 30th Nov 17, 8:02 PM
    • #2
    • 30th Nov 17, 8:02 PM
    The ICO rules have been broken by Barclaycard in a number of ways.
    Originally posted by Roguester
    I don't understand this - the ICO oversees data protection matters and I don't see any breaches of the Data Protection Act (or similar) within your story, could you perhaps clarify exactly what Barclaycard have done that brings ICO into play?

    They have lied to me and the Ombudsman and now deleted all of my credit records, possibly causing problems in a year's time.
    Originally posted by Roguester
    Barclaycard won't have deleted their own records of your situation, even if the Experian version of events is currently blank (on Barclaycard's instruction). So, hypothetically, should the account be defaulted in future, Barclaycard would still be able to ensure that the correct date is used - the fact that Experian don't currently show the account doesn't affect this.
    • Roguester
    • By Roguester 30th Nov 17, 8:09 PM
    • 8 Posts
    • 0 Thanks
    Roguester
    • #3
    • 30th Nov 17, 8:09 PM
    • #3
    • 30th Nov 17, 8:09 PM
    ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/automated-decision-taking

    References automated decision making and the right to know whether a decision was automated or not and why. I requested from Barclaycard why a decision had been made and who made it and they refused to provide that information.

    ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/damage-or-distress

    References providing personal information when it affects a disability. I explained that providing a budget sheet affects my disability detrimentally and they insisted that I provide this, then did not use it in making their decision.

    The notification of default is not ICO, but is referenced in the Consumer Credit Act and FCA.
    Last edited by Roguester; 30-11-2017 at 8:12 PM.
    • eskbanker
    • By eskbanker 1st Dec 17, 12:34 AM
    • 5,905 Posts
    • 5,870 Thanks
    eskbanker
    • #4
    • 1st Dec 17, 12:34 AM
    • #4
    • 1st Dec 17, 12:34 AM
    ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/automated-decision-taking

    References automated decision making and the right to know whether a decision was automated or not and why. I requested from Barclaycard why a decision had been made and who made it and they refused to provide that information.
    Originally posted by Roguester
    I think you're misconstruing this - you have the right to ask if a decision was automated and if so, for it to be reconsidered, but the Data Protection Act doesn't give you the right to know why a decision was made or who made it.

    ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/damage-or-distress

    References providing personal information when it affects a disability. I explained that providing a budget sheet affects my disability detrimentally and they insisted that I provide this, then did not use it in making their decision.
    Originally posted by Roguester
    This section refers to the individual's right to object to the organisation processing their data but doesn't give the individual any right to opt out of providing data.


    I think it's important to consider the context to this, which is presumably that you spent a significant amount of Barclaycard's money and then failed to repay it on the terms you signed up to and so are seeking to renegotiate repeatedly. Yes, there are undoubtedly unfortunate circumstances that led to your difficulty in repaying, and yes, they don't appear to have dealt with the most recent round of renegotiating particularly well, but personally I think you'd have substantial difficulty in making a case that they acted unlawfully, based on what you've posted.

    I'd have thought it would have made more sense to have accepted their goodwill gesture and moved on with an agreed repayment plan, but do you feel that it'll be more productive to continue to fight them, and if so, what outcome do you believe is both achievable and acceptable?

    If you are convinced that further pursuit is worth it, perhaps you should submit a Subject Access Request to flush out everything they hold about you, and/or engage with CAB for some advice?
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