Barclaycard Lifetime Ban

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  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    Combo Breaker First Post
    Rovato1 wrote: »
    Hello

    I held a Barclaycard which defaulted over seven years ago and the outstanding amount was £411.

    This is now disappeared from my Credit File and I have applied for a new card after been notified I had a 95% chance of been accepted for a new card.

    Barclaycard have just advised they hold onto past information even thou my credit file is in very good standing, the Applications Manager advised if you have ever defaulted in the past should it be 20 years ago you will never get another credit card.

    In a nutshell, ever default with a Barclays Credit Card you then get a lifetime ban !

    Has anyone heard of this as it was news to me.

    Regards
    Brian
    I wouldn't lend you money if you still owed me £411.

    You still owe the money. They can't take action against you in court but if you die they do have a claim on your estate if you have anything to leave.

    If you want the amount to be written off you need to declare yourself bankrupt or take out a DRO. The account will then be closed and in 6 years you can apply to them again.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    edited 5 June 2016 at 8:31PM
    agrinnall wrote: »
    Perhaps you should read up on Principle 5. Here's a link for you.

    https://ico.org.uk/for-organisations/guide-to-data-protection/principle-5-retention/


    Thanks, but I'm already familiar with it. As you can see, what Barclays are doing is - as I first said - probably incompatible with DP legislation. However, those ƒeckless chumps at the ICO have couched all the data principles in terms that are ambiguous in the extreme and open to just about any sort of interpretation, hence the use of the word probably.


    Essentially what Barclays are doing here is blacklisting someone for life. If it ever went to court I'm sure this would not stand up.
  • BlondBoy
    BlondBoy Posts: 186 Forumite
    Name Dropper First Post First Anniversary
    Essentially what Barclays are doing here is blacklisting someone for life. If it ever went to court I'm sure this would not stand up.

    Do you really think a judge would say 'Barclays are acting unlawfully in not extending a credit facility to someone who defaulted on a payment and still has an amount outstanding, although the default is historical'?
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    BlondBoy wrote: »
    Do you really think a judge would say 'Barclays are acting unlawfully in not extending a credit facility to someone who defaulted on a payment and still has an amount outstanding, although the default is historical'?


    You may be right, given the outstanding debt. However it would be statue barred. The potential "unlawfulness" is about data retention, or more to the point, basing a business decision on data that's prehistoric, not about the refusal to offer a credit facility. Extend the time period to say, 50 years, and see how that looks.
  • BlondBoy
    BlondBoy Posts: 186 Forumite
    Name Dropper First Post First Anniversary
    GingerBob wrote: »
    You may be right, given the outstanding debt. However it would be statue barred. The potential "unlawfulness" is about data retention, or more to the point, basing a business decision on data that's prehistoric, not about the refusal to offer a credit facility. Extend the time period to say, 50 years, and see how that looks.

    Take your point, but it's purely a business decision really. Some businesses will take a view that, on an assessment of risk, a customer may be worth another go. Others may take the view that 'fool me once, shame on you, fool me twice....' Both are fair enough commercial decisions, I think.

    As mentioned upthread, Amex have a similar policy. I believe First Direct does too. Default on an account and that's it. Never again. So I'd argue that it's completely reasonable to store that data for 50 years, as it's the only way to be able to make that decision stick.

    It may be that, in terms of Data Protection legislation,, they may only store name, date of birth and known addresses at the time the business relationship ended. Account conduct etc may be destroyed after x number of years. But it's perfectly reasonable for any business to build and hold a 'stop list' for as long as they like, surely?
  • A4445
    A4445 Posts: 1,103 Forumite
    It's odd that I defaulted and was given a second chance? Mine was written off in bankruptcy so the account on credit file was settled with Zero balance not sure if that makes any difference. I would completely understand if they didn't want to give me another account. I was 100% expecting the application to be declined.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Name Dropper First Post First Anniversary
    GingerBob wrote: »
    You may be right, given the outstanding debt. However it would be statue barred. The potential "unlawfulness" is about data retention, or more to the point, basing a business decision on data that's prehistoric, not about the refusal to offer a credit facility. Extend the time period to say, 50 years, and see how that looks.

    What does 'statute barred' mean to you?
    It only means in this case that Barclaycard cannot go to court to enforce judgement against the defaulter.
    The debt seems to be still outstanding (ie not sold on and on etc) so IMO they are quite justified in keeping internal records to show accurate records.
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    What does 'statute barred' mean to you?
    It only means in this case that Barclaycard cannot go to court to enforce judgement against the defaulter.
    The debt seems to be still outstanding (ie not sold on and on etc) so IMO they are quite justified in keeping internal records to show accurate records.


    Missing the point. The OP offered this quote; " the Applications Manager advised if you have ever defaulted in the past should it be 20 years ago you will never get another credit card."


    Now the applications manager doesn't elaborate, but it seems there's a good chance that Barclays keeps a shlt list of anyone who's ever defaulted, and that could mean the debt was eventually settled (granted, not the case with the OP -apparently) but the name remains blacklisted, simply because of a default at some point, even if payment was eventually made.


    My point is not about the debt, settled or otherwise, it's about retention of data for an inordinate amount of time.
  • BlondBoy
    BlondBoy Posts: 186 Forumite
    Name Dropper First Post First Anniversary
    My point is not about the debt, settled or otherwise, it's about retention of data for an inordinate amount of time.

    GingerBob, is your issue with the company having a blacklist full stop?

    Self-evidently, you can't have a blacklist without storing data.... (which is a perfectly acceptable reason under the data protection principles, so long as only data relevant to the management of the blacklist is stored).
  • pvt
    pvt Posts: 1,433 Forumite
    edited 6 June 2016 at 8:02AM
    If you were a self employed electrician and did some work for a guy 20 years ago that he never paid you for, would you be wrong for not agreeing to do work for him today?

    I think the answer is obvious.

    So why should it be different for Barclays?
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
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