Brightside VS BARCLAYS the next step?...

[MrBrightside]

Hello everyone, I hope you are all well and not letting anyone or thing grind you down...

 

This is a 'what do I do next?' type query:

 

 

29th Dec, 08: Sent my £1 for CCA.

 

 

23rd Jan 09: Received photocopy of T & C leaftlet fob-off.

 

 

2nd Feb 09: Sent letter stating T & C photocopy insufficient.

 

 

12th Feb 09: Received a letter from Barclays titled 'Data Protection Act 1998 - Subject Access Request (I never mentioned SAR in my previous letters to them but hey it was sent for free by Barc!).

 

The letter contain statements back to 2004 but no CCA.

 

Interestingley it says statements prior to 2004 may be stored on microfilm (could my agreement also?) and that 'This info we have enclosed relating to this account is all that we hold'.

 

 

12th Feb 09: I send a letter entitled ACCOUNT IN DISPUTE asking them not to ask for payment, add charges, etc till dispute settled.

 

 

I THEN STOPPED PAYING MY BARC CREDIT CARD.

 

 

19th March 09: Letter from BARC saying they have satisfied my requests and therefore do not count my account as in dispute.

 

They re basically saying that since the agreement has been varied since I originally signed it, that they only have to sent a copy of current T & C's as the original would not reflect the current terms on my account, and so the original no longer applies!

 

They have also added a £12 charge and withdrawn my preferential rate of interest on that card.

 

 

So my questions:

 

(1) Is this hogwash or are they within their rights to supply nothing despite CCA request, and a voluntary SAR? Or are they trying it on? They say it is okay for them to do so under REG 7 of the Consumer Credit Act.

 

(2) They have started to add charges as they say they do not accept me holding the account in dispute - even though I have not yet clapped eyes on a signed CCA. What can I do about this or do I ignore?

 

(3) What is my next step please?

 

(4) Any help would be massively welcome.

 

Warm regards to all on here.

[MrBrightside]

PS I forgot to add that I am currently on benefits, as I lost my job!

[MrBrightside]

Bump....

[slick132]

Hi MrB,

 

No need for Bumping so soon.

 

I assume this is a Barclaycard but please confirm, so it can be mved to the BC forum.

 

Read other threads in the BC forum and you'll see most users are d/w the same prob from BC, where they say they HAVE fulfilled their CCA request obligations.

 

Read up on the CPR approach in Link No2 of my signature below.

 

Have you suffered penalty chgs on the a/c before you stopped paying recently. If so, do you have all your statements for the last 6 years. Get them with a SAR if nec'y. They will supply state's going back 6 years when pushed.

 

The SAR should also produce the Credit Agreement (but it won't:mad:).

[MrBrightside]

Thanks for your reply Slick.

 

Yes it is a BarclayCard Credit Card sorry I am useless at navigating my way around this site, I thought I had posted it in the area for BarclayCards? Will have another look, or if you have a link...?

 

Also are they right to dispute the dispute and keep adding charges?

 

Regards#

 

Mr B

[slick132]

Thread now moved into BC forum.

 

Please respond to my comments about penalty charges on the a/c. You need statements going back 6 years to see what charges have been added to the a/c.

 

They'll continue to add charges and interest, because they contend that they've complied with the CCA request.

[MrBrightside]

Hi Slick, no charges or missed payments before I stopped payment in March 09 (only missed 1 payment so far - last months)...

 

PS thanks for your help so far - appreciated.

[slick132]

Hi BS,

 

Sorry to hear of the loss of job. I assume this is why you've stopped paying - because you can no longer afford the monthly repayments.

 

See Letters A to G here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Even if you do ask BC to take reduced pay'ts, they have a reputation for refusing such requests.

 

Read up on the CPR approach if you want to challenge the enforceability of the Credit Agreement. It's a slow and painful process though as you'll read on the threads of others.