Barclaycard Response To My CCA Request!

[slick132]

In theory, yes.

 

But getting BC to accept that they've failed to properly respond to your CCA request is the problem.

 

Can you continue this on your own thread to avoid hijack.

 

Thanks

[sunflower99]

Hi SF,

 

I've moved your thread into the BC forum, and taken your last 2 posts from Muffintops thread and merged them into one post above.

 

Are there any penalty charges on this a/c - this is a good defence in respect of the Default Notice and will help toward getting the DN removed in time.

 

If there are penalties on the a/c, have you started to reclaim them.

Hi Slick!

Thanks for subbing to my Barclayshark thread and giving me help! It is very early days in my dispute with BC!Up to a few months ago i was paying them reasonably regulary and enough to keep them of my back though i was constantly getting their £12 monthly late fee as i was often late making my minimum monthly repayment to them so usually only had a few days of grief with them keep phonning me and then my payment would arrive and they would shut up and give me peace for a few weeks till the next monthly payment became overdue.

 

I was at first trying to avoid a dispute with BC as i felt i had enough on my plate fighting those two well known American banks!but with rising cost of living finding it increasingly difficult to keep up the minimum repayments and also very discouraging to find that out of the huge minimum monthly repayments i was making which was over £130 a month most of it was going on their horrific interest rates and not making much impact on the balance at all:eek:It was like flushing money down a toilet!

 

So getting desperate and finding out on this froum that BC quite often have unenforceable agreements pre 2005 cards ! I decided to try it the nice way at first and sent them a hardship letter asking them if they would consider token repayments and freezing interest rates for a while but got no response at all ! So decided to CCA them!

 

So my card does have quite a few late £12 charges on balance!which i suppose could be claimed as unfair charges?so if it ever goes to court i could i beleive do a counter claim against charges and claim default notice was not valid because it included unfair charges?

 

I must admit in all my bank disputes i have not looked into default removel yet as i was concentrating all my energies on just keeping them at bay and making them aware about the CCA issue and that i consider account in dispute and learning as much as i could about the consumer credit acts ready for if they take legal action against me!

Edited March 16, 2009 by slick132
put in paragraphs - easier to read.

[sunflower99]

Hi Slick also who should i send the letter saying they have sent me bog paper too! Mercers or Barclaycard?|I was thinking of sending debt4gets letter by special delivery to Barclaysharks 1234 pavillion way address where they ask all their cca requests to be sent too and perahps a letter by recorded delivery to Mercers Dept informing them i have sent BC a letter and enclosing a copy of the letter for them to read as well! or need i worry about writing to Mercers as they just another dept of Barclayshark?

[slick132]

Hi SF,

 

It won't matter who you send that ltr to - BC and/or Mercers will both ignore what you say. If you're really lucky, you'l get a big ltr back from BC telling you you're wrong. It may well only be resolved when either you get to see a copy of the Agreement they hold, or one of you takes the other to court.

 

Do you have all the nec'y statements to list all penalty charges on the a/c on a site spreadsheet. These can be reclaimed in full to reduce the a/c balance.

 

If you're really up for a fight, reclaim interest at the contractual rate as well - this would be a larger claim but BC won't pay this voluntarily and you'll have to take this almost up to a final court hearing date. If you've done it all right, BC will cave in at the 11th hour.

 

Very roughly, what is currently owed on the a/c and how much of this is penalty chgs.

[sunflower99]

Hi Slick

I havenot requested a Sar of them!so not really sure! what the penalty charges are!I will pm you the exact amount owing on account.I was always a bit confused about whether to go down the reclaim ing charges road early in game as somepeople seem to think that you should not reclaim charges at same time as putting account in dispute over a dodgy cca as the DCAs might try and argue that you are sort of acknowledting agreement by making a claim for unfair charges?

[sunflower99]

So must confess i am a wee bit confused by unfair charges issue!some threads say yes go ahead others say you shouldent if you putting account in dispute:confused:

[sunflower99]

it was quite a struggle getting an Sar request from MBNA so i expect Barclayshark will be even worse with Sar requests:eek:

[Rhia]

MOH has SAR'd them and all they have sent is an incomplete set of statements. MOH wrote back and gave them extra time to produce everything asked for - CCA, Insurance Policy, correspondence and notes, details of telephone calls and if they didn't have them confirmation they do not have them.

They stil haven't replied and have now complained to the Information Commissioner. There is something very fishy about they way they are responding. Or of course it could just be incompetence.

[slick132]

Rhia, It is NOT incompetance .......... they do this to delay and frustrate, IMHO.

 

Sunflower, You should send BC a SAR now, even if you don't want to reclaim the charges yet.

 

The only thing that affects whether you can delay in reclaiming is if any charges are about to become 6 years old.

 

Reclaiming unlawful penalty charges will not affect whether the a/c is in dispute, or the debt is enforceable.

Edited March 17, 2009 by slick132
typo

[sunflower99]

Hi Slick

Thanks for clearing up confusion about charges !:)Though going by Rias experience it looks like it will not be easy.They dont seem to want give anybody any information about their accounts,I suppose as you say BC want to sow uncertainity and doubt on everones account so no one knows where they stand with their CCAs or unfair charges issues.so when i can spare £!0 a good idea to throw a Sar request at them!

[sunflower99]

MOH has SAR'd them and all they have sent is an incomplete set of statements. MOH wrote back and gave them extra time to produce everything asked for - CCA, Insurance Policy, correspondence and notes, details of telephone calls and if they didn't have them confirmation they do not have them.

They stil haven't replied and have now complained to the Information Commissioner. There is something very fishy about they way they are responding. Or of course it could just be incompetence.

Hi Rhia sorry to hear you having so much trouble with BC Sar,I hope you get results when you complain to information commisoner! i saw also that you can do complaint online to commisoner and I think that is great idea and would be a lot less hassle and worry doing this rather than having to send everthing by post.

[Muffintop]

I have sar'd barclaycard and cpr pre court disclosed them, nothing.. Just like you Iv got mbna x 2 and bcard as well as sort of m and s which seems to be bottomed out (actually they have been pretty reasonable the whole time, although I didnt stop paying them so that may have something to do with it, thats for another thread)

Barclaycard in my view out of all mine have sent me the most tut. and now their legal team are writing me scary letters, if I get time this week I will be posting up a rather good reply which was with the help of a legal friend.

I think imho that if you go through the process of requesting certain things ie sar and then report to info commissioner, at least it shows the court.. if it gets that far that you played ball and they didnt.

[slick132]

Sunflower,

 

To keep this in context, BC are sending out data in response to SAR letters in the majority of cases. They generally limit their response to supplying statements, as opposed to all the stuff requested about phone calls, etc.

 

However, some users seem to have trouble getting info for missing months.

 

See how you get on .................

[sunflower99]

Hi Slick!

so i will send BC two letters ! one to put account in dispute and when i get paid again one to Sar them!

[sunflower99]

I have sar'd barclaycard and cpr pre court disclosed them, nothing.. Just like you Iv got mbna x 2 and bcard as well as sort of m and s which seems to be bottomed out (actually they have been pretty reasonable the whole time, although I didnt stop paying them so that may have something to do with it, thats for another thread)

Barclaycard in my view out of all mine have sent me the most tut. and now their legal team are writing me scary letters, if I get time this week I will be posting up a rather good reply which was with the help of a legal friend.

I think imho that if you go through the process of requesting certain things ie sar and then report to info commissioner, at least it shows the court.. if it gets that far that you played ball and they didnt.

Hi Muffintop!

welcome on board to my Barclayshark thread!i am now a fully fledged member of the CAG Barclayshark fan club!:DI was getting a lot of calls from their silly robot but since mercer Dept took over!they seem to have stopped .However since me and OH managed to find a nice cheap answer phone system so that we could screen our calls so that people who we want or need to speak to can get through and be answered or contacted when they leave messsage and the DCAs can be ignored! it was a very good investment ! and i notice since we got this machine that loads of times the phone rings and then the caller just hangs up as soon as they get an answer machine!it happenend quite a lot today! I dont think a lot of DCAs like answer machines!:DAs they know that they beeen foiled and thatme or OH can not be tricked into answering phone!:DMercers did try and contact me once at work! They gave a colleague a number to give to me and told her to tell me to ring them as soon as possible :evil:They did not say who they were! but i was crafty i rang up that number with the 1471 number in front of it and then pretended id rang wrong bank up!and asked them who they were!:DThey told me they were mercers!

[slick132]

Hi SF,

 

Yep, sounds good.

 

[sunflower99]

Dare i say but Barclayshark and Mercer seems to be giving me peace at moment and seem to have stopped ringing! Though i dont think they like my new answer machine very much as they can not get away with trying to trick me into talking to them on phone by using my first name!A lot of times when phone rings the person hangs up when they have to announce who they are over our answer machine!:DHowever i just got a letter from them acknowleging they got my telphone harrasement letter and are looking into my compliant!I also sent that letter that people kindly advised me to send saying in polite terms what they sent me for CCA request is bog paper!

[sunflower99]

[sunflower99]

Just got this letter from scotcall acting on behalf of Mercers.Should i send them the bemused letter?

[sunflower99]

Dare i say but Barclayshark and Mercer seems to be giving me peace at moment and seem to have stopped ringing! Though i dont think they like my new answer machine very much as they can not get away with trying to trick me into talking to them on phone by using my first name!A lot of times when phone rings the person hangs up when they have to announce who they are over our answer machine!:DHowever i just got a letter from them acknowleging they got my telphone harrasement letter and are looking into my compliant!I also sent that letter that people kindly advised me to send saying in polite terms what they sent me for CCA request is bog paper!

Spoke too soon!

[slick132]

Yep, Bemused letter will do nicely.

 

[Muffintop]

Mercers wont let up... I ended up paying them a token payment whilst I battle out if the agreement they hold is valid or even exists. I havent given up but I did not want a default on my credit file as this took away choices that I need right now,, I still have late payment markers and these apparently drop off after a year.. the default would last 6 years, to be honest FOR ME I wish I had pursued the cca BUT continued to pay, at the end of the day, IF and for most of us its a big IF they have our agreements then we would have to pay anyway, At the beginning I was under the impressions that you asked for cca, they didnt send it, you dispute the account and thats it until they want to take it further,

I thought thats ok I will push it to court im not hanging around the 6 years like a lamb to the slaughter house. However as I learned more on CAG I realised there were big pitfalls in trying to take it to court as the claimant and Bcard saying they have fulfilled sec 77 was enough for them to be able to put negative entries on my credit file.... ok if you win they get taken off but how long (for me) was it going to take to win.

Im still watchin and learning and going ahead with my claim but unfortunately Iv had to pay until this is concluded. I have been also told that any money I have paid,, if I win evenutally will NOT come back to me, only the remaining balance settled.

Yes I would write a letter to Mercers at least you have continuity on your file when and if it goes to court

[sunflower99]

Hi Muffintop

Ive sent letter of now! My credit rateing in tatters anyway with the other banks so i dont suppose one more default will make much difference.At the moment just concentrating on putting the accounts in dispute and battling any enforcement activities they try to make against me, As you and others say everyone has to make a decision thats right for them.

[Muffintop]

Hun, if I was in your position I would do the same, if I already had a default then what the heck i would have just taken the rest until won then sorted them out, I felt that with my circumstances being so wobbly i needed independance to do what i wanted, this may involve privately renting or having to buy a car on finance so for me the risk sudddenly became too great, i am still pursuing though but with some help and with paying them, this means i can still post up advise and letters from solicitors which may be usefull specially if I do win, my concern was I had to sit back and wait for them to take me to court which couldhav been 6 years time... with some help we are taking it forward and i didnt have the courage to do that

[sunflower99]

Hi Muffintop as you say there are always pros and cons whatever action we decide on in these battles and in the end it is up to the person to decide what the best thing to do is,in their own unique circumstances,I know whatever we decide is never an easy option and with my decision i just take every day as it comes now!