No Cca from Barclaycard What next?

[Zog22]

Hi, I have had a Barclayard credit card for over 10 years, untill recently I had no problems, unfortunately my circumstances have changed (hours at work cut for me and my husband) and I could no longer afford the monthly payments,

thanks to the wonderful advice on this site, I sent off a CCA request and as it seems with almost everyone I was sent a copy of T&C's.

(I know I did not sign a CCA)

I then sent a default letter and an Sar request, today I recieved my SAR, it is a bunch of statements dated right back to April 2005,still no CCa.

Now this is where i really need help,

I have gone through all the statments, starting from April2005- March 2011,

in my March 2011 statement barclaycard state I owe them £1721.15, (even though my credit limit is £1600.00) I have listed all the puchases made and payments made between April 2005-March 2011.

Purchases total £3799.12. Payments I have made £4180.00. Help!!

I am not trying to dodge any debt and I am very willing to pay for goods I have puchased, however I do not want to pay these high charges which I did not agree to, nor can afford.

I have clearly paid all I honestly owe, + £380.88, within these dates.

As i said before I have had the card for 10+ years and I do not have the info going back before April 2005,

on the April 2005 statement they state that my balance was £552, so taking into account i have overpaid them for my puchases to the tune of £380.88 (April 2005-March 2011) and they have no CCa should I offer to pay them the difference in my overpayment and the balance in 2005 which would be £171.12???

Please help I cannot sleep worrying about this bill of £1700.00 when it is clearly all interest and default charges.

I have added those up and from the statement range (April 2005-March2011) the total of interest is £1527.86, and the default charges are £204.00, total of £1731.86, which is £10 more than the balance on my last statement???

Thanks in advance to anyone who has taken the time to read this and hopefully can offer some advice..

Edited April 15, 2011 by Zog22

[dx100uk]

put some line breaks in please

 

dx

[rebel11]

Thread moved.

 

Were you mis-sold PPI on the account?

You need to claim back all the Penalty Charges with Contractual Interest. Templates and spreadsheets can be found in the library. Send all letters Recorded.

 

More info in my signature (1) and (2).

[Zog22]

Hi, no PPi on this account, I have had this account for aroung 12 years I think,

they have given me statements from April 2005, is there any way I can get the infomation they hold before that?

Is my next step to claim back all charges, (as they have no CCA pertaining to me agreeing to these charges) or

Offer a F&F ( A small token payment) based on my calculations I owe them nothing other than interest and charges

Or should I try and get all the information going back 12 years and not 6?

Edited April 15, 2011 by Zog22

[slick132]

Hi Zog and welcome to CAG

 

There's little chance of getting any earlier statements from BC. Even if you complain to the ICO or take court action for disclosure, there's no guarantee that you'll get any older data. So I'd suggest you work with the data you have.

 

Start the process of reclaiming charges by reading through cases recently won against BC. These involved court action because the claimants all sought, and won, compound interest at the a/c's contractual rate. If you want to maximise your claim, you should do the same.

 

Read through **WON** threads here in the BC forum for the following users - Still_surviving; Linz22; Leilani. Everything you need should be in those threads.

 

Then put your charges on a spreadsheet to see what you can claim back.

 

If you don't want to maximise your claim but simply claim back the charges, BC will repay these without you having to take court action.

 

Once you see the effect of claiming compound interest, you can decide how you want to proceed.

 

8-)

[Zog22]

Hi Slick , thank you for your advice,

is it possible to claim back all the interest Bc have charged me,

or just the Default late payment, and over balance fees,

I actually only have had these in the last 6 months,

and whilst it will be great to get them back,

they are nowhere near the balance of this account,

the interest they have charged me covers the balance, +

some. As I mentioned before, everyting which was purchased with

this card is paid in full, its just the chrges outstanding!

[slick132]

HI Zog,

 

You have to remember this is a credit card and, if you didn't clear the balance each month, you are exposed to the relatively high monthly interest rates, which you cannot claim back.

 

However you can reclaim any penalty charges and the interest applicable thereto.

 

Use this spreadsheet to put in any penalty charges to see what you may reclaim - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

8-)

[Zog22]

Hi slick, I cant seem to open the above link,

I have found a compound interest calc though, am I using it correctly?

Year 2006 monthly interest changed from 2.075%(11months) to 1.456% (1 month)

Average monthly is 2.03%?

Annual average CI is 27.12%?

I put into the calculator

Prinipal:- £24.00 (penalty)

Rate of Interest :-27.12%??

number of rest each year:- 1 compounded annualy ?? ( this I havnt a clue about)

Start date 24/03/2006 (charge applied)

End Date 17/04/2011 (this will change when i am ready to get all sent off)

Didnt tick 360 day per year box?? (again no clue what this means)

the answer comes back at

£80.99 which is original charge plus interst of £56.99

Am I doing this correctly?

Thanks for your help

[dx100uk]

rests = 12

tick 360 days

 

the rest is ok

 

dx

[slick132]

HI Zog,

 

I think you're using this calculator - http://www.egalegal.com/compoundWindow.html

 

Please check the penalty amount as £24 is not a figure I recognise.

 

I would use 27.9% as your interest rate. You don't have to be exact because of the basis on which you are claiming interest in restitution.

 

You should get a total figure of about £99, including interest of £75 as at today's date.

 

The spreadsheet I linked above should open up an Excel spreadsheet. It's easier to use as it calculates each penalty and updates the calculations when you re-open it. Using this spready, you should get a total of approx £83. It throws up a lower interest figure - I think it just calculates the compound interest differently.

 

8-)

[Still_surviving]

Zog

 

The idea in your particular case I would think, is to get the outstanding balance down as much as possible by reclaiming back charges & restitutionary interest. Once you have done this, you will be offering a F&F settlement based on a lower start figure, which is obviously better.

 

You need to be aware though that BC may not go for the F&F offer - they do seem to like hassling people with a myriad of different debt collectors before making any final decision. If you are certain they dont have a signed CCA then obviously it strengthens your position, but it may not stop some ****** DCA in the future trying it on via the courts. Not all judges are as au fait with the CCA as they should be...so just keep that in mind. Things are not always straight forward.

[Zog22]

Hi Everyone,

 

Sorry its been over a month since last post, update,

 

Barclaycard most def are [EDIT], been getting all the paperwork together and as the account is over ten years old it's been taking a bit of time,

followed all the advice on this site and have sent barclaycard a sucession of letters,

 

now maybe its just me, but they have been extra efficent in replying, had a bunch of staements delivered 10 days after SAR, which was missing a load of stuff

 

however 10 days after that I recieved a massive printout deiailing quite a bit of stuff

I either dont understand nor care enough to try to,

 

havnt been that well and i am heading for the hosp next week for a heart operation so dealing with barclaycard was not my priority,

 

last week I had a letter from Mercers telling me the usual stuff and my account is £91.10 overdue,

they said I would recieve a doorstep visit,

 

haha I thought,

 

yesterday I had a letter from power2contact saying same thing that I would get a doorstep visit,

 

haha again I thought, not so haha,

 

answered my door tonight and there he was power2contact man acting on behalf of Barclaycard,

now where I got my nerve from I will never know,

I told him he had no legal right to be in my yard,

I told him account was in dispute,

also that there is no cca,

I asked him to leave,

he wrote this down,

asked for my phone number,

which I declined to give,

and asked me if I was in contact with the CAB,

 

I told him no that a family member was a solicitor.

I think the shock is hitting me now,

I never thought they would call, the overdue amoumt is £91.10???

 

I have had this account over 10 years and it is only in the last 4 months

I have been having difficulties due to work hours decrease and ill health,

and they have been informed of this.

 

Wonder why they are acting so quickly.

will post again soon,

I am about to bombard all 3 companies with more letters.

 

Thanks still surviving for the much appreciated advice.

Edited May 26, 2011 by dx100uk
use that word again you are on holiday - dx siteteam

[Still_surviving]

Zog

 

You are welcome - my comments re B/Card are based on much of my own previous experience of them re-writing the rules to suit themselves.

 

Its a funny thing this site - gives you great advice in many different forms. The single best piece of advice i got was from slick our resident BCard expert, when i was in the middle of a court case with another c/card company. He told me - stop taking all this so personally, while you are giving yourself high blood pressure, the person who wrote a dumb letter, or made a stupid phone call, is probably down the pub after work, not giving you another thought.

 

So i offer the same to you. Deal with your far more pressing issues like health first, and to be blunt....[EDIT] B/Card and any minion they may send chasing £91.10 Above all dont get to the stage where you are blowing a gasket over it. These people are financial leeches - happy to coin it in when times are good, and not fussed who they tread on when times are bad.

 

When YOU are ready, go through what theyve sent you calmly and methodically. Are we any closer to knowing whether they have a CCA?

 

To be honest - keep your letter writing to DCAs to a bare minimum. Most of the time they wont read it, and if they do they wont care if you dont agree. Above all, get the balance on your card down to the lowest starting point via charges/interest reclaim, then consider F&F.

Edited May 26, 2011 by dx100uk
same for you..

[Zog22]

Hi, just wanted to put up a new post as the the one I did last night reads like the ramblings of a mad person.

First of all thanks again to still surviving, it is great to hear from someone who has been through this.

 

Such sound advice you give, and have made me a slightly calmer person today.

I just wanted to put up this post for other people to read, as I am only at the beginning of this ,

 

I by no means am any expert on the dealings of BCard, however, after my visitor last night,

I want to advise people, yes, the debt collectors really do call, so be prepared.

 

I have to say I am a little shocked that he did call, regarding the fact I have held this account for 10+ years

never had a late payment or a difficulty until recently and the overdue amount they are chasing is less than £100,

 

So thanks to reading through posts on this forum,

had I the slightest bit of knowledge regarding what to say.

 

I strongly advise anyone to print of the letter in the library regarding Door Step collecters

or contact managers as the wish to call themselves and keep it by the door.

 

I am new to this so I cannot post the link.

whilst I am sure some of them are using scare tactics,

 

I am proof today that they will call without notice.

[slick132]

Hi Zog,

 

The Door Step call advice is here, if anyone wants it - http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

I can understand your surprise at the visit, given the circumstances of your case.

 

However, I would also add that the Power2Contact visitors generally leave without abuse, harassment or anything else unpleasant.

 

They normally just want you to talk to the creditor on the phone there and then..........which, of course, you refuse before closing the door !!

 

8)

[tosh1]

subbing

[Zog22]

Hi,

Update, 27/05/2011 I sent off a letter to claim back the default charges, inc restitutionary interest.

Took a while but i foumd a 6 old charges from 2003, 2004 so I was able to calculate total charges to £2102.

 

Amazing how much the restitionary interest adds on!!!!

 

I used the template letter and it stated to give BC 14 days.

We are now 22 days on i have had nothing from Bc regarding the claim.

 

I have recieved a letter stating that the complaint letter I sent to them was unsigned.

I have to send them a signed letter in order for them to investigate said complaint.

 

Whilst am sure if i do hear from Bc regarding the claim they will tell me the old charges are time/statute barred and cannot be claimed.

Wonder if I can counter claim then that any monies they say I owe them (£600) from more than

6 years ago are also time/statute barred?

 

On the same date I sent a letter to "power to contact" and Mercers

regarding their involvment in a case which is dispute.

 

Power to contact wrote and said they have passed account back to Bc,

Mercers are still sending their normal threatening letters.

 

I am very dubious as to why they want my signature.

Also what is my next move as the time limit on the letter I sent claiming back the charges has now expired?

 

I would attach the bc letter however it says very little else other

than to send them a signed letter.

 

thanks

Zog

[slick132]

Hi Zog,

 

You should sign letters to BC but not necessarily with your full or normal signature. It is not likely that they'll use the signature for anything untoward.

 

Update your SOC to show interest to date and send it to BC with a slightly different letter headed Letter Before Action.

 

See this example and base your LBA on it - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Unfair-charges-older-than-6-years&p=3451820&viewfull=1#post3451820

 

This brings into focus the fact that you'll be relying on the Kleinwort Benson case to reclaim charges older than the normal 6 years.

 

[Zog22]

Hi,

This account has been in dispute since April, Bc still have been charging me interest since then.

Can I claim that back too?

 

I have sent another letter today regarding the incomplete Sar they sent me, with a alot of help from the above link.

Might aswell try and get the info they have on me from 2001. We shall see how that goes.

 

Was just thinking if I am going to go the whole way and claim back these charges,

I might aswell try for the whole period 2001-2011.

 

Probably my request will be fruitless.

Now onto the updated SOC.

 

 

Thanks again Slick

Zog

[slick132]

BC will say the data beyond 6 years no longer exists but we know better - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3403246&viewfull=1#post3403246

 

If you want the older data, you'll probably have to take court action to force dislosure, after which BC may magically find a way to obtain it.

 

[noomill060]

Subbing.

 

zog- Sharkleys can be beaten- been there done that got the T shirt.

 

You are 100% on the right track with reclaiming the charges and contractual interest on the charges.

 

They know they are going to lose if you take this to its conclusion but will bluff and bluster and try to fill your head with carp, hoping they can intimidate you into submission.

 

Dont let them, you know you're in the right, I know you are in the right and most importantly- BARCLAYS know you are in the right- dammit they should do, Ive used this argument to thrash them without mercy often enough!

 

Forget the lack of a CCA for now, its not needed. Just work out the interest on the charges using my compound interest calculator.

 

One more very useful bit of info which I use to twist the knife- 1984 county court act interest, charged at the same contractual rate. Can almost double the amount of your claim.

 

I like to think of it as the sprig of parsley on the top of a fresh serving of revenge, served cold naturally.

 

Edited June 21, 2011 by noomill060

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.