FOS - Case lost with Barclaycard

cmssbrie

Hi,

Looking for a bit of advice regarding an A/P on my credit file with Barclaycard since 2008, that was paid off in full in October 2012.

So, thanks to the other thread on this topic (which was invaluable!), I have now managed to have Natwest (4 x Accounts) and Vanquis (1 account) change the AP markers on my credit file to Defaults - meaning that all 5 of them will drop off my credit reports by the end of the year. :j

I also went to Barclaycard asking for the same, but was rejected out of hand in the first instance. I then wrote to the Executive office at Barclaycard, and was again rejected. I then also raised it with the FOS, and have just basically been told by them that they will not ask Barclaycard to change - so all seems lost with the Barclaycard account - it will remain on my Credit Files until October 2018.

The FOS have given me a deadline to appeal their decision, or leave it and close the door on the complaint.

My questions are:

1) If I appeal the decision with the FOS, does anybody know what happens? - i.e is it the same adjudicator that considers the appeal? (Am thinking there is no point if it will be the same person).

2) If I do appeal it, the main basis will be that I know of other people (because of the thread on here), who have had pretty much the exact same request with Barclaycard accepted - and therefore believe I am being unfairly treated in comparrison to those people. To me, this seems a bit 'flakey' as a reason for appealing, I know I have nothing to lose, but does anybody else think that it is an endless cause - especially if it is central to my appeal?

3) I know all banks have different stadards / procedures, but, if I do decide to appeal, is it worth saying that 5 x other accounts (2 x organisations) agreed with me that I was disadvantaged by putting the AP marker on the file? - or is the ombudsman likely to say 'so what - Barclaycard are a different organisation'.

4) If I do not decide to appeal, is it worth trying again with Barclaycard next year (so 6 x months after the FOS rejected my case), in the hope that I get a different person at Barclaycard (on the other thread, it seems to be pot luck sometimes on which Barclaycard rep you get), or is it something I just need to grin and bear with until it falls off my credit file in 2018?

As always, I would appreciate any advice!

TIA

rizla_king

1) No not the same person. It goes to an actual ombudsman who should be more expert and less of an idiot. Afraid a lot of the adjudicators you get at first are clueless, so you often need to appeal
2) The basis is that the adjudicator got it wrong. The rest of what you said can just help
3) Yes it helps if the circumstances were much the same
4) No harm trying

20aday

cmssbrie wrote: »

Hi,

Looking for a bit of advice regarding an A/P on my credit file with Barclaycard since 2008, that was paid off in full in October 2012.

So, thanks to the other thread on this topic (which was invaluable!), I have now managed to have Natwest (4 x Accounts) and Vanquis (1 account) change the AP markers on my credit file to Defaults - meaning that all 5 of them will drop off my credit reports by the end of the year. :j

I also went to Barclaycard asking for the same, but was rejected out of hand in the first instance. I then wrote to the Executive office at Barclaycard, and was again rejected. I then also raised it with the FOS, and have just basically been told by them that they will not ask Barclaycard to change - so all seems lost with the Barclaycard account - it will remain on my Credit Files until October 2018.

The FOS have given me a deadline to appeal their decision, or leave it and close the door on the complaint.

My questions are:

1) If I appeal the decision with the FOS, does anybody know what happens? - i.e is it the same adjudicator that considers the appeal? (Am thinking there is no point if it will be the same person).

2) If I do appeal it, the main basis will be that I know of other people (because of the thread on here), who have had pretty much the exact same request with Barclaycard accepted - and therefore believe I am being unfairly treated in comparrison to those people. To me, this seems a bit 'flakey' as a reason for appealing, I know I have nothing to lose, but does anybody else think that it is an endless cause - especially if it is central to my appeal?

3) I know all banks have different stadards / procedures, but, if I do decide to appeal, is it worth saying that 5 x other accounts (2 x organisations) agreed with me that I was disadvantaged by putting the AP marker on the file? - or is the ombudsman likely to say 'so what - Barclaycard are a different organisation'.

4) If I do not decide to appeal, is it worth trying again with Barclaycard next year (so 6 x months after the FOS rejected my case), in the hope that I get a different person at Barclaycard (on the other thread, it seems to be pot luck sometimes on which Barclaycard rep you get), or is it something I just need to grin and bear with until it falls off my credit file in 2018?

As always, I would appreciate any advice!

TIA

Personally? I'd appeal. Given that NatWest and Vanquis have placed the AP markers into defaults (and therefore allowing them to drop off your credit files later on in the year) then I'd give it a go.

If it's any help it took me four months to get Capital One to play ball. At one point I nearly gave up as the entry would've been removed from my file in October but given the success of others on MSE I persevered.

Just out of interest did you get the impression you were better off entering into an agreement to pay a certain amount each month? Rather than default.

I only ask because when I entered my DMP many years ago that's the impression I got and if (at the time) I'd have known that I would never have agreed to it.

Thrugelmir

What did the FOS actually say?

cmssbrie

Thanks guys - really appreciate the advice - I am going to go for it - !!!!!! it - nothing to lose!

20aday - agree completely - at the time of the DMP, the Default was bad (which we were fully aware of), but the Arrangement was nothing to worry about. Again, if I'd have known what I know now, there's no way I would have allowed any of the accounts to go into 'AP' status!

Thrugelmir - FOS basically said that Barclaycard didn't do anything wrong and reported the correct info to the CRA's. That said, I think I have a couple of things that I can argue on that front (just dates of letters / no letters being received etc etc), so I am just going to go for it and hope for the best.

Thanks again guys - really appreciate you taking the time to read this, and of course for your advice!

happy_bunny_2

In my experience, some adjudicators are better than others.

Let an actual Ombudsman take a look. Nothing to lose.

There is also a searchable database of FOS cases so take a look at that. You can search for upheld and rejected cases.

quaybab

1. It is the adjudicator that does all the work on the case. If there is no significant NEW evidence to look at from any side, the Ombudsman will uphold the adjudicators view as the final decision.

2. FOS don't seem to like being told what to do or having www.ombudsman-decisions.org pushed down their throats - 'every case is different'.

3. see 1.

4. For other bank complaints at the FOS, the service won't rule on a complaint that has already been considered. Even if its a different complaint or multiple complaints in a similar time frame, the FOS have the power to say an Ombudsman has already considered it and push it out. In summary, if you want to do this, put in your complaint now with Barclaycard.