Jasmineuk v Barclaycard

[jasmineuk]

I have a Barclaycard, which I took out prior to 2006, although I'm not sure of the exact date.

 

Last Friday I sent off a request to BC for a copy of my agreement and used a template from here. I noticed that the last paragraph of the letter said that I understood that if they could not produce a copy of my agreement, then I believed that my agreement was unenforceable.

 

Just been to Asda and the only card I had on me was my Barclaycard as I picked up that one by mistake. My bill came to £14.84 and my card was declined - twice! Ironically I posted my monthly payment to them last night but it was after the last post was collected. My payment isn't due till the 16th though, so it's not late.

 

Naively, I never thought this might happen as a result of my letter - but is it normal for BC to "cancel" cards once they receive the request for my agreement?

Jasmineuk

[jasmineuk]

And I've also just realised that in my haste to get the letter off in the post, I signed it with my real signature

[slick132]

Hi Jasmine,

 

Because the CCA request is the first step in checking if the credit agreement is enforceable, you can understand why BC would not want to authorise further spending on the a/c.

 

Don't worry about signing with your signature. I doubt there'll be any consequences and , even so, it's already done now.

 

Are there any penalty charges on this a/c, or mis-sold PPI, which you can reclaim. If you don't have all the a/c statements but think there may be such charges, send off a SAR to BC.

 

[jasmineuk]

Thank you very much for your reply.

 

Yes, I can see my naivety now,

I just wondered whether it was normal for BC to do this.

 

There are no penalty charges or mis-sold PPI on this account.

They did charge me £35 for a late payment 3 years ago but I complained and they refunded it.

 

I will wait now for the copy of my agreement.

[slick132]

I haven't heard of a card being rejected in this way before.

 

However, many peeps who are questioning the enforceability of their agreement are doing so because they are already in financial trouble and the card is already over-limit or unusable.

[jasmineuk]

I'll wait to see if I get my copy agreement.

Edited November 14, 2009 by jasmineuk
typo

[jasmineuk]

I got a letter back from Barclaycard (outside the time limit but never mind) and have attached a copy of their reply. All they sent was their Terms and Conditions, nothing with my name on or signed by me, which I understand is what a lot of Caggers have received. I am attaching a copy of their letter to me. What do I do now? Write to FOS?

 

Edited: Thumbnails too small to read : try this, links now work

 

Page 1

Page 2

Edited November 29, 2009 by jasmineuk
Thumbnails too small

[slick132]

Hi Jasmine,

 

Yes the Thumbnails are too small, but the links just take me to the CAG main forum.

 

You should now send them the "a/c in dispute" letter. Use the letter in post #4 here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805315

 

When they reply to this, you can follow the advice given here and complain to the FOS, if you want - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html#post2575342

 

Edited January 11, 2010 by slick132
Made link to Tony's thread clearer

[jasmineuk]

Thank you!!

[jasmineuk]

Update: I've now written to Barclaycard three times, telling them that they haven't actually sent me what I asked for, but merely blank terms and conditions and clearly I'm getting nowhere. They just keep sending me blank T & C saying that this fulfils their obligations.

 

Do I complain to the FOS next? If so, is there a template letter somewhere I can use?

[slick132]

Hi Jasmine,

 

Use the 2nd link in post #8 above.

 

[jasmineuk]

Thank you! I sent the letter today by recorded delivery.

[jasmineuk]

After three requests, sent by Recorded Delivery, to Barclaycard, they have still not sent me a copy of my agreement. Could someone please advise me what to do next/which letter to send? They are clearly not going to send it!

[slick132]

Hi Jasmine,

 

Have you complained to the FOS yet.

 

[jasmineuk]

No, I haven't, Slick. Do I send the "account in dispute" letter before the complaint to the FOS? As I understand, FOS are quite slow?

[slick132]

If BC have failed to respond at all to 3 requests, you have every right to complain now to the FOS.

 

They are slow but they still seem to be getting banks to send out credit agreements.

 

[dj1971]

BC failed to send out my OH's agreement despite many requests. Complained to FOS and within about 6 weeks the agreement suddenly appeared. So I suggest you send complaint to FOS, let them sort it out.

[jasmineuk]

Which letter should I sent to FOS please?

[slick132]

Hi Jasmine,

 

Use the link in post #8 above to see the letter the the FOS at post #5 of Tony3x's thread.

 

Adapt the letter to reflect your case as necessary.

 

[jasmineuk]

Thank you; letter typed out.

[jasmineuk]

I currently owe Barclaycard £10,189, along with a couple of other debts.

 

 

My uncle has said he will help me out with settlement of all my debts but it's a "settle all or settle none" deal he's put to me.

 

 

I am in a debt management program with Payplan.

Barclaycard have sold my debt on to Cabot Financial Services.

 

I have offered Cabot £4,500 in full and final settlement, which is around 45% of the total I owe

(which includes all their charges and ridiculously high interest rate).

 

 

They have said they will acceot £9,000 then when I said we weren't in the same ball park,

they said they'd accept £7,500.

 

 

They then asked me how much the other creditors would settle for.

Is this relevant and should I tell them?

 

 

They said that my offer of £4,500 was a "starting point" when in fact it was my ending point.

 

 

I said I would get back to them when I know what the other creditors will acceot but I can't see that that's relevant.

 

 

How much do debt management companies buy credit card debts for anyway?

[silverfox1961]

Hi

 

How much the DCAs pay for a debt is a commercially sensitive area so we will never know for sure however, it has been bandied about that they pay betwen 10 and 50% depending on how recent the debt is. If a debt is about 2 years old, they will pay a higher price than for a debt that is 5 years old.

 

It could help your case if you could show that your financial circumstances are unlikely to change for the forseeable future and that the F&F is from a third party.

 

Have you attempted to get back the charges from BC?

[jasmineuk]

Thanks for replying. I did get some late payment charges back from Barclaycard but the ones they've added on are letters sent to me about my debt after I was in the Payplan agreement and they were writing to me instead of Payplan. They want £7,600 to clear my debt of £10,189. My uncle said he would pay them all off if they were all going to be reasonable about it but I don't think he'll consider £7,600 reasonable. I did tell BC that my circumstances weren't about to change for the better any time soon and that a family member was helping me (which is true).