Chicken v Barclaycard

[Chickenlicken]

Morgan Stanley>Goldfish>barclaycard

I have requested CCA (march), 3 follow on letters and account in dispute.

I have done SAR.

 

They keep sending me the same old response. Final response has been same old letter insisting they have provided the info and will not engage in further correspondance.

 

On my latest statement they have passed the debt to mercers DC and asking for payment.

 

NB I stopped payment after the first month. They have not added any late payment charges or interest. They have, however, passed on info to experian and I now have late payments on my file even though I have asked them not to share info as they haven't got valid CCA.

 

What is my best course of action now? I have read several barclaycard threads and am furious at the complete ignorance of barclaycard

 

I have also read the complaining to FOS thread and am shocked at their incompentance too.

[popeye1]

Write to the DCA and let them know the account is in dispute. Alzo write to B/Card informing them that they will be reported for passing on your personal details whilst account is in dispute,report them to T/S FOS OFT as they are not following OFT rules on debt collection.Someone with better know will be along shortly good luck

[Desperate Daniella]

Mercers is Barclaycard, then you get Calders who are also Barclaycard.

 

Send the account in dispute letters but they will completely ignore them (and you should ignore them too). You can also report them to FOS and then it goes on their record.

 

If this is an original MSDW application form you'll see that there are loads of other threads here and all the forms I have seen here have Q4 missing. Does yours?

 

DD

[slick132]

Hi Chicken,

 

You'll have seen from other threads that you're one of many who are frustrated by BC actions.

 

Are there any penalty charges or mis-sold PPI on this a/c.

[Chickenlicken]

No there is no penalty charges, ppi or anything. They do not accept the account is in dispute.

 

DD -

If this is an original MSDW application form you'll see that there are loads of other threads here and all the forms I have seen here have Q4 missing. Does yours?

 

I don't follow this bit, can you elaborate on it please?

I haven't actually heard form the debt collectors yet, it just says on my latest statement it has been passed on.

 

Ta muchly

[slick132]

Hi Chicken,

 

DD is saying that the "agreements" or application forms which they send out have a section missing, which suggests the documents are NOT the original ones signed by applicants.

 

In any event, you have 2 options:-

 

1. Be pro-active and pursue BC for a copy of the original document. If they don't send it you could try the CPR strategy (see Link No2 in my signature), or you could complain to the FOS.

 

The former will usually get you no further with BC.

 

The latter will take forever.

 

2. Pay no more and wait for them to take you to court. Contest the matter in court and seek removal of any defaults they've filed against you.

[Desperate Daniella]

Hi Chicken,

 

There is a thread - Chris v Morgan Stanley (urgent help Please)

 

Chris applied for his card at exactly the same time that I did on what appears to be same form. However my (cut and pasted) form shows nine questions - No. 4 missing on both forms - and Chris's shows 11 questions. He went for the PPI so questions about that are shown on his form, and I didn't so the questions relating to that are not on mine.

 

I don't believe for one moment that MSDW knew in advance who would want PPI and who wouldn't and therefore sent out slightly different forms on the same day to the different types of card applicants, do you? I don't think a judge would either.

 

DD

[Chickenlicken]

Well, all b/c have sent is T&C's and a summary of account. Have no application form, originally it was Morgan Stanley then Goldfish.

 

I have been pursuing them for the CCA since March, how much time should they need to provide a piece of info?

 

Can I complain to the ICO too as they are sharing data without authorisation/permission?

 

Planning on CPR FOS & ICO routes.

Mercers will get a response when I have heard from them.

[slick132]

Hi CL,

 

BC are just playing for time and will continue to do so for as long as they can.

 

Before complaining to the ICO, I'd send a SAR to BC and then complain to the ICO when BC fail to provide the credit agreement in response.

 

Just my 2p's worth.

[Chickenlicken]

Thanks Slick

I have SAR'd them and they still haven't provided anything remotely like the CCA.

ICO here I come...non compliance complaint is what I'm thinking. Correct me if I'm wrong.

[slick132]

Hi CL,

 

As I see it, you have 3 choices:-

 

1. Complaint to ICO for failure to supply data after DPA request. This may take a long time.

 

2. You can go on to take court action for their non-compliance whether or not the ICO has ruled against you

 

3. Pursue the CPR strategy as per Link No2 in my signature.

[Chickenlicken]

I have CPR'd BC and received a letter saying they have satisfied their obligations under section 78 CCA and have no legal obligation to provide further documentation.

They go on to state the CPR does not confer automatic entitlement to docs before proceedings start, and evidence must be provided upon application.

 

What a load of sh*te.

 

Can someone help me draft a letter to ICO for non-compliance and sharing data without permission. I will look for an outlining template in the meantime.

 

They haven't registered any defaults but have been reporting back to CRA's about late payments . How can I put a stop to this? BC seem to think they have every right to act however they like!

 

Ta

[slick132]

Hi Chicken,

 

Just to add another possibility. See here where Bones got the agreement from BC after FOS intervention - http://www.consumeractiongroup.co.uk/forum/barclaycard/176481-morgan-stanley-barclaycard-6.html#post2489727

 

Re CPR route, BC will say anything in reply to your letters, apart from, "Here is your agreement."

 

Re Defaults and reporting to CRA's, see here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

and here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149403-would-you-like-clean.html#post1580664

 

Also, there's more in the Data Protection and Default Issues forum - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/