Beachy v Barclaycard/Mercers take 2

[beachcomber60]

While I await my CCA request things seem to be hotting up.

 

20 calls in three days - some only 3 minutes apart.

 

My response "you have already been advised, in writing twice, that I will only communicate in writing"

[PGH7447]

Sounds like mercers are on the case at this rate of calls, I would call bar them if you can

[beachcomber60]

Yeap- calls barred although still keeping a log of calls going for further action as and when.

[beachcomber60]

just starting ppi reclaim process with Barclays, understand FOS ruling came into effect 2005, took my loan out early 2004 will I still be able to claim.

 

Think I was mis sold as I was told I would stand a better chance of being approved if I took PPI - self employed

[beachcomber60]

They have now defaulted to my cca request. Hope I'm not tempting fate but not a single phone call since cca request landed on their door step.

[slick132]

Hi Beachy,

 

If you've been reading other threads here, you'll know they'll probably send you a set of T&C's. You could wait for their reply or you could send this:-

 

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[beachcomber60]

Account in dispute letter sent - still no cca or acknowledgement of request - signed for 31st October.

[beachcomber60]

Account in dispute letter sent - no cca or acknowedgement of my letter signed for 3rd November

[slick132]

Hi BC,

 

No reply seems to be their fave response at the mo, followed by a set of T&C's when they can be bothered. So this is NOT unusual.

 

[beachcomber60]

Thanks Slick, Guess it was so after a quick scanny around the forum. Glad I sent the 'Dispute' letter today - stand by for Mercers now I suppose. :

[beachcomber60]

Well they didnt waste any time!

 

Eleven telephone calls from them today (Sunday)

[slick132]

Hi Beachy,

 

Crickey, they must be using their mobiles in the back row of church.

 

Keeping them logged, I trust.

[beachcomber60]

Most certainly being logged.

 

Barclaycard (in dispute, no cca) x Capone (in dispute, questionable cca, charges) = 19 calls on Sunday

Thinking of asking BT to invoice them for line rental as phone is now useless apart from harrassment calls.

 

Beachy

[slick132]

Hi Beachy,

 

Have you thought about getting a new number from BT as a victim of phone harassment. I understand this can happen quite quickly.

[beachcomber60]

Hello Slick, Yes I have thought of that on several occasions, problem I have is that I rely on the phone for getting work, it's taken me years to get established with that number and cost a great deal of money in advertising.

 

Apart from starting from scratch again I don't know what else to do, as far as BC is concerned Iam worried because I bank with Barclays as well.

 

Regards, Beachy

[slick132]

Ahaa, yes I understand that problem and you are stuck with this just now.

 

You should concentrate on making effective complaints to the respective Co's using the telephone harassment process. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Also you should make formal approaches to Trading Standards and the FOS.

[beachcomber60]

Still no cca, however have received my Subject Access Request request - just statements nothing else.

 

Only statements to 2004 were supplied with a letter stating that pre-2004 is stored on microfilm and FOS (alledgedly) told Barclaycard that they do not have provide data held on microfilm which means I have two years missing and I know there are charges in this period which I now cannot claim back.

[slick132]

Hi BC,

 

They normally supply the older state's but say they're doing it as a getsure of GW. Read here - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

The next step is to read the following 2 threads about taking court action to get the data. They may respond when you threaten to do this, or you may have to issue separate proceedings for this.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

Edited November 28, 2008 by slick132
typo

[slick132]

Also, take a look at this thread where OP has actually iss'd court proceedings to get the data.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/166141-providian-then-monument-then-2.html#post1840599

[beachcomber60]

Thanks for the info Slick, most interesting read.

 

Have now had time to carefully go through what they have supplied with regard to my Subject Access Request, the envelope contained only monthly statements and nothing else apart from a letter stating that the statements is all they have on file regarding this account.

 

I did state in my Subject Access Request that I required a full Subject Access Request including CCA (also requested seperately and has not been provided, not even T&C's, formally in dispute since 17th).

 

Exactly six years statements provided, however, I have noticed that there is PPI payments on the account until August 05, (told I had to have it as a condition of being granted a card) I've had the card since about '98 - '99 does reclaiming PPI still fall within the six year time scale or, if ever I can get the full Subject Access Request, can I try and reclaim PPI from when they added it.

 

Thanks as always,

 

Beachy

[slick132]

Hi Beachy,

 

They don't generally include the Cerdit Agree't with the SAR reply. That's why this is best covered with the CCA request separately and I hope they'll reply to this in due course.

 

Get the older state's by using the DPA, Non-Compliance letter.

 

You need to start a thread in the PPI forum to deal with this topic.

[beachcomber60]

OK Slick, will post the ppi bit over to ppi section, I thought that when you request a full SAR they had to reveal everything to you ?

[slick132]

Hi BC,

 

I think they should, but they don't, so we tend to concentrate on the key issues - ie providing state's using the SAR and getting the credit agreement with a CCA request.

 

[beachcomber60]

Doing the reclaim charges round with Barclaycard at the moment, they have replied to my Subject Access Request with the past six years statements along with a letter stating that they have no other information in any shape or form relating to my accounts.

 

I have noticed that from 2002 until 2005 ppi payments were made each month, it was stopped in 2005 when I demanded cancellation due to the high cost (about £55 - £65 a month on each card), when I opened the accounts ppi was not optional & I had to have it.

 

Does reclaiming PPI follow the same rules as charges, ie only the past six years ruling, I would dearly like to reclaim the ppi going back to whenever I opened the accounts (if I could force them to supply the account information) I have requested my cca but they are in default with this request.

[alanalana]

Hello BC,

 

Doing the reclaim charges round with Barclaycard at the moment, they have replied to my Subject Access Request with the past six years statements along with a letter stating that they have no other information in any shape or form relating to my accounts.

 

I have noticed that from 2002 until 2005 ppi payments were made each month, it was stopped in 2005 when I demanded cancellation due to the high cost (about £55 - £65 a month on each card), when I opened the accounts ppi was not optional & I had to have it. (You have a case to reclaim mis-selling on this alone. Not optional and you had to have it.

Does reclaiming PPI follow the same rules as charges, ie only the past six years ruling, I would dearly like to reclaim the ppi going back to whenever I opened the accounts (if I could force them to supply the account information) I have requested my cca but they are in default with this request. I understand the general consensus is that banks etc will only give information as far back as six years.I have managed to get information back beyond that and I believe this is due to the fact I complained the the Information Commissioners Office, The Financial Services Authority, The Office of Fair Trading and The Financial Ombudsman Service.

By virtue of my compaints I actually received information on my accounts back to 1997. It is therefore obvious the banks in some cases (and I believe most cases) keep records beyond the six years. This has been the case on several occassions and I believe when you submit a SAR to ask for data you should emphasise the fact you want all data relating to you as a subject as far back as their records go. I cannot see all banks going through a procedure on every customer to delete information over six years old. It would be to time consuming with thousands of customers all starting accounts at different times. I reckon they will have records in some cases back for years and if this is the case you should by Law be entitled to ask for and recieve this information under the Data Protection Act 1998.

 

I would ask for all information they hold and not just six years worth.

 

In a lot of cases seen on CAG threads information is retained in some cases back well beyond six years and if it is retained then you have IMO every right to request access to it. I would put Barclay card to strict proof to provide all the records or give written confirmation the records do not exist. If they provide confirmation that the records do not exist then you have a legal route to request confirmation of their records to prove this fact.

 

aa

 

You may want to put this point into the legal forum to obtain confirmation.