CoffeeAngel -v- BC Visa a/c

[coffeeangel]

Master Slick,

 

nope not missing anything - all tallys!

 

They, I mean Barclayshark surely realise I have this information (they may play dumb - we won't give you anything beyond 6 years, but seriously, we know you SARs'd us back in 2009!).

 

I may be diddy, and if I can help it, I don't really like confrontation,people may think I am a push over and I don't advocate confrontation, but really, I kid you not! This little mouse chiquita RAWWWRRRS like a LIONESS when you have messed with her MOJO!

 

If you do not seek, ye shall not find, right??! LET THE GAMES COMMENCE!

 

That tis all. Right now, CoffeeAngel a.k.a. LIONESS needs Slanket (Blanket!) - Where art thou??? I'm coming for ya!

 

Best,

 

Coffee:angel:

[coffeeangel]

Oh and before I turn into kitty purr,.....thanks for checking over my "sums" in the spready! Soz, manners went there for a mo!

 

So thanks again Slick.

 

Nite nite CAG

 

Coffee:angel:

[coffeeangel]

I've already posted this over in my mirror thread in relation to BC Mastercard, but as they are both running neck and neck together, I thought I would update here too.

 

So having been a little pre-occupied with Halifax for the last couple of days, I have neglected to send the letter to BC reminding them that they need to fully comply with my SAR request. I have drafted up this letter to them - think its ok?

 

----------------------------------------------------------------------------------------------------------------------------------------

 

Data Compliance Manager

Barclays Bank Plc

T/a Barclaycard

1 Churchill Place

London E14 5HP

 

[12] October 2011

 

Dear Sir/Madam

 

ACCOUNT NUMBERS: XXXXXXXXX and XXXXXXXXXXXX

 

Thank you for your letter dated xxxxx.

 

Please take this letter as a reminder for you to supply to me the balance of the information I requested under my original subject to access request dated 23rd September 2011.

 

As mentioned in my original request, it was, and is not, limited to merely my transaction history and it was, and is not, limited merely to 6 years of historical information. I stated that I required you to supply with me copies of all data which you hold on me in relation to any matter and in any form and for any period of time. I would draw your attention to the fact that your response only contained copy statements and only for a time period of 6 years.

 

I again ask you to note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you and, additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then I once again invite you to please be so kind as to confirm this in your response.

 

As I have already supplied to you double the statutory maximum fee of £10 (i.e. £20.00), I will not be enclosing any further payment for the compliance of this subject access request.

 

Furthermore, I would draw your attention to the fact that you are still within the 40 day time limit within which to comply with my request.

 

I look forward to receiving your response containing the balance of my request by return.

 

Yours faithfully,

 

COFFEEANGEL

 

----------------------------------------------------------------------------------------------------------------------------------------

 

So whatcha reckon? Too "wordy"? Too stroppy or not?? Feel free to tweak if you think it needs it!

 

On another note, got letter from Lowell themselves today acknowledging my cease and desist telephone letter enclosing a proper complaints leaflet and stating that "whilst they investigate my complaint all action on my account will cease until it is resolved and if they cannot resolve it within 4 weeks they will notify me"! Mmmmm, we'll see!

 

Anyway, "that's all folks" for now..... as I said at the top, I've already posted up a mirror image thread on the BC Mastercard but just want them to be consistent.

 

As always, appreciating all help and advice.

 

Nite nite

 

Best,

 

Coffee:angel:

[slick132]

Hi Coffee,

 

See my suggestions on your MB MC thread.

 

[coffeeangel]

Have done and noted! Cheers Obi Wan!

 

Nite nite all.

 

Best,

 

Young Padawan .a.k.a. Coffee:angel:

[coffeeangel]

Evening,

 

As this is running side by side with my BC Mastercard claim, I'm updating as I have done on that thread, albeit the cliff notes version.

 

Now then, came home to two fat envelopes containing the supposed remaining data that I requested which consisted of a bunch of copy letters and reamsof data print-outs! Having had a quick scan through it nothing of such to report other than there is no documentation in there regarding the notice of assignment to Lowells and the only thing that suggests an agreement is what looks to me like a micro-fiche copy of my agreement but there are no t&cs with it. No mention of PPI, no sign that I actually ticked anything and no details of how much it would be etc. They also only enclosed one copy of the agreement which they put in the BC Visa package.

 

So bascially, they still haven't really fully complied as all they have provided in statements which will show charges/PPI (I will do that thread separately) only go as far as 2004 (well 2003 as I SAR'd them back in 2009 and managed to get those ones). This account and my Mastercard account were opened in 1996 so they need to come up with those as well but I suspect I know why they are not forthcoming, because they will be the ones that have the greater percentage of daylight robbery fees on them that's why! So looks like this is going to be a very long jobby. Lots of letter ping pong and yes, court!

 

Amended letter all ready to go out first thing RD wanting the rest of my information.

 

Best,

 

Coffee

[slick132]

Hi Coffee,

 

Keep us updated

 

[ro284]

Hi Coffee, any updates please? Best wishes Ro

[coffeeangel]

Hii ro 284,

 

Thanks for stopping by. I have been a bit preoccupied with another claim/case with Halicrap and have been putting all my energies into that. But I now have a bit of "breathing" space and so I can turn my attentions to my other "grievances".

 

So an update on Barclayshark.

 

As they had only sent me statements going back six years and because I did have the statements they sent me back in 2008 and so I was able to go back further, I decided to not wait to see what else they would send me for my SAR as it has been coming in dribs and drabs I decided to just go with what I had as from my calcs, what they owe me more than covers the debts on both Visa and Mastercard (assigned to Lowell) I just thought Coffee, go for it! So I did last week Monday, I prepared my SoC, drafted up my letter and off they went. Admittedly, because this was sent out after 6pm, it still got to them and was signed for on 2 November (tracked and traced by Special Delivery as RD has been proving a tad difficult to track lately and this little puppy package was important!). So for my claim, they have until 15th November to cough up (which I'm sure they will be falling over themselves to do! ) and if not, then another 14 days to 29th November (after, if necessary, I have sent my lba) and then it's the court route. So waiting game here.

 

As for the rest of my SAR, as reported in post 31 above, I have sent them a lickle "reminder" letter to fulfill my SAR completely i..e I know they have the data going back six years etc, etc, etc. I sent this letter on 1 November and again, tracked and traced (but admittedly by RD as can't always afford Special Delivery) but low and behold they actually received and signed for the very next day on the 2nd November as well. Considering my original SAR was dated 23rd September (and which they received on 26th September - have that confirmed now on the PO track and trace), they only had until Friday 4th November. I did on the 3rd November receive the other missing copy application with my signature for the Mastercard but that really doesn't fulfill it does it? Now given today is the 7th, has Coffee received any nice presents from Barclayshark in the post today? Nope! Nada, nish, nothing! Don't they love me anymore!!

 

Oh well, being a gal that likes to try and stay on the old "positive" vibe, Barclayshark, lets play!

 

On this dramarama, "that's all" for now folks!

 

Best,

 

Coffee:angel:

 

P.S. Yes, I have smilies again - don't know why the icons don't work for me in either "post quick reply" or "advanced" but Coffee likes her smilies and so has printed out the entire list for manual insertion!

 

Yay, go me!

[coffeeangel]

P.P.S As I'm on a roll, I really really totes wants to send in my reclaim for PPI - cheeky shysters, your supposed to "opt out" if you don't tick anything, not "opt in" and they are so crafty and double cheeky shyters there isn't even a "box" for you to "opt out" on the blooming application form! but I can hang tight a little longer coz if they don't "fully comply" with my SAR which INCLUDES all reference to PPI, I is gonna shaft them right back and get compo! Oh yes, let's play!

[slick132]

Hi Coffee,

 

Good !!

 

Follow up with the LBA when their time is up.

 

[coffeeangel]

Oh yes Slick I sure will! After the culmination o my evening Coffee wants to "dance with somebody" but they will be feeling the heat! Feel me! Good!

 

So let's dance! !

[coffeeangel]

Update...

 

So after dropping the ball with this a little (other more pressing issues to deal with), I have took up the mantle again and me and Barclayshark have been playing letter ping pong for a couple of weeks. After offering me a ridiculous sum by way of an offer and telling me they would be offsetting against the debt, Coffee rejected their offer and reminded them that they CANNOT offset as they SOLD the debt to a lowlife DCA.

 

Fast forward and they have now replied......

 

“I note that you request charges from 2003 be refunded. In accordance with guidance by the FSA Barclaycard are only required to hold copies of statements of six years. Accordingly we are unable to access information relating to charges dating from before February 2006.

 

However, if you are able to supply your own copies of statements clearly showing earlier charges and the date of any charges we will happily recalculate your claims. Please note that a schedule of charges without accompanying statements will not be sufficient and we will only refund charges shown on statements. They forget I SAR'd them before in 2009 so yes, Coffee can give you copies of those!

 

Further to your request at 24.9% compounded over your claim. Please note that charges were classed as purchases and not a cash balance, and your purchase interest rate was never 24.9% but remained 19.9% as shown on our schedule. Now this is where I get confused. On the advice on here, I changed the spready we are directed to from 29.9% to 24.9% as this being an average estimate for the interest applied over the life of the account. How can I word my response to this and explain why I used this figure?

 

Interest is calculated at a simple rate as applied to your balance. The statement from the Office of Fair Trading made no recommendation for compound interest and we feel the calculation of interest at the rate applied more than complies with the ruling of the OFT."

 

Now having gone through other threads, and in particular the BC Successes, I came across some wording in Shelley’s thread in which she was advised to say. I have amended it slightly as I haven’t yet instigated Court proceedings…

 

“With regard to the calculation of interest, I am claiming compound interest in restitution as per the case of Sempra Metals, on the basis that Barclaycard have made charges to the account which are not fair or justifiable.

 

It is wrong to say Barclayard did not charge compound interest - effectively, they do, although this is not entirely relevant.

 

Interest in Restitution is claimed to remedy the benefit that Barclaycard have derived from having my money and lending it out at commercial rates in the course of their business. By paying me Interest in Restitution, Barclaycard is giving up this benefit and restoring an equitable balance between us.

If Barclaycard do not refund to me forthwith the charges and interest as set out in my Schedule of Charges, I will be left with no other remedy than to commence court action without further notice but it is hoped that Barclaycard will wish to avoid wasting the Court time and resources and that this course of action will not be necessary."

 

As to the DCA they tried to offset against, and which Coffee reminded them they couldn’t do that because they didn’t have any right to, they responded..

 

“We have been in contact with Lowell and they have confirmed that your account with them has been closed following out original refund of default charges. Accordingly any further refunds will be due to be paid to you directly. Unfortunately we are unable to process this refund by cheque due to security reasons. Please provide your preferred Bank or Building Society account number and sort code and we will process your payment to you directly.” Do I have to give them my bank details? I am loathe to do it as I don't trust ANYONE. What "security" reasons prevents them for paying me by cheque?

 

As you will see Coffee’s thoughts and questions are highlighted in red. I'd really like to get my response out to them tomorrow by fax so that they can get on with it next week.

 

Thoughts/Advice

[slick132]

Hi Coffee,

 

You have the statements so you can provide copies to BC as they suggest.

 

You can use the content from Shelley's thread and you are right to adapt it carefully for your own case.

 

Send them an updated spreadsheet showing the latest interest figures. Your spready should recalculate interest up to the current date when you open it.

 

Give them the details they need to make the refund to your a/c. It'll be fine !!

 

Are you happy with what they say about an earlier refund being used already to close the DCA a/c. Does that sound right to you regarding the amounts.

 

[coffeeangel]

Hi Coffee,

 

You have the statements so you can provide copies to BC as they suggest. Yep, sure can!

 

You can use the content from Shelley's thread and you are right to adapt it carefully for your own case. Cool!

 

Send them an updated spreadsheet showing the latest interest figures. Your spready should recalculate interest up to the current date when you open it. Will do!

 

Give them the details they need to make the refund to your a/c. It'll be fine !! Ok, I trust YOU, so ok.

 

Are you happy with what they say about an earlier refund being used already to close the DCA a/c. Does that sound right to you regarding the amounts. Well that's a funny thing Slick, they haven't given me any earlier refunds! Smacks of a templated letter dontcha think?

 

 

This morning has been pretty hectic, but I will get that typed up and sent out today by fax and post.

 

Thanks again. Enjoy the sunshine and have a good weekend!

 

Coffee

[coffeeangel]

All done just seems their fax number is permanently busy! Hey ho, they will still get it by post on Monday!

 

Now just to hurry them up on the PPI element where they are royally taking the mick!

[citizenB]

So, this is looking good, Coffee

 

 

They do like to try things on, dont they

[slick132]

Hi Coffee,

 

We have been in contact with Lowell and they have confirmed that your account with them has been closed following out original refund of default charges.

 

Maybe some charges WERE refunded so the a/c was settled and closed BUT they didn't tell you about it at the time.

 

In any event, it'll become apparent in due course.

 

You have a good one too !

 

[coffeeangel]

Hi slick and CB, sorry I didn't respond sooner! Turns out my notifications from here are going into my SPAM email folder!

[coffeeangel]

UPDATE: DEFCON 1 ALERT! :mad:

 

Well sent off my letter at the end of March and by 16th April I still hadn't heard a word from them so I decided (I know, shouldn't do it!) call them on the phone.

 

So after much faffing about when they tried to tell me they hadn't received my letter, they "miraculously" found it on their system (only after I'd told them they sure had received it as I was hold the FAX CONFIRMATION in my hand date and time stamped!) they said they would "authorize" payment as they now had my bank details. Why they couldn't remit by cheque is beyond me!

 

Fast forward to Wednesday evening when I get home there is a letter waiting from them saying that as I had now provided the copy statements to back up my claim from years over 6yrs they were prepared to offer me £XXX in charges and £XXX in interest (not compounded but simple!).

 

They then go onto say that the previous offer of refund was used to reduce the balance on the account with a third party and that the third party had confirmed I now have £XXX CREDIT on the account!

 

Their penultimate paragraph twaddles on that before they are able to pay redress to me they request my confirmation of their latest offer!

 

So I rang them up the next day (I know - don't do it!) I was so mad! I said at the risk of repeating myself YET AGAIN, BC do NOT have the right of set off to a third party DCA but they INSISTED THEY COULD!

 

The fact that what they would pay me back is quite a lot without compound, and which at this I would be prepared to accept as my life balance at the moment is ubber stressful and I don't have the time nor patience to take them on in (court despite the evidence that they gave in) I just don't know what to do now!

 

I am flipping angry that they have dared to decide for me which of my creditors takes priority! That money has been allocated to priority debts!

 

The other thing that angers me is that the DCA in question has CLOSED the accounts! I have it writing from them AND BC! WT Fudge!

 

So my question is good people, is there some regulation that we the consumers are unaware of which actually DOES give them the right of setoff? Where I can for the past 2 days have been researching but I have not yet found anything to back up their claim!

 

Also, how can I be "in credit" with a DCA who (a) cannot offer a credit token; and (b) has CLOSED the account thereby owing them NOTHING!?

 

Thoughts/advice??

 

Coffee

[citizenB]

If a debt has been assigned to a 3rd party then THEY CANNOT send the money to that 3rd party. They can only offset if they still own the debt..

 

Give me a few moments and I will be back with the argument..

[citizenB]

Here you go.. courtesy of slick132

Regarding your suggestion that the refund will be set off against a debt now owned by THIRD PARTY, this is wholly inappropriate and unacceptable according to the Law of Property Act 1925.

You no longer own the alleged debt and have no right to withhold monies in respect of it. If THIRD PARTY wish to pursue me for any amount they allege I owe them, that is their prerogative.

 

The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position, that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it.

 

Further information on the right of setoff can be found on the Financial Ombudsman’s site which clarifies in layman’s terms the rights of banks to take the action you indicated in your settlement letter. Banking: firms' right of 'set off'.

[coffeeangel]

Thanks CB (and slick). I've told these numchucks this 3 flippin times and they STILL say THEY CAN!

 

I really don't think they actually READ what you put in the letters and just send you TEMPLATED responses!

 

I can't find anything that voids what you and slick have said yet this is why I ask if there is "something we the consumers are not aware of". I know they are trying it on, they tried it on with my PPI claim saying they have "evidence" I took it but that evidence was not produced in my SAR so they have shot themselves in the bottom and now have to reopen the claim! Nevertheless, it just goes to show what bottomfeeding **** they are!

 

I wish I had the energy to take this court - I may have to "pull it outta ma boots" and do just that even though I don't need the stress right now but the more I stew on this the angrier I get (and want to KO someone i.e them). I will suck it and "do them" if I have to!

 

Lining up my tanks and will be ready to Start my engines and AMMO!

 

Another thought I had .... Perhaps I am one of the cases where "Barclays have been buying back debt they sold!". Or perhaps they never sold it! Nope me finks they are just trying to shaft Coffee! Yep tanks at the ready - we are at DEFCON 1!

 

Back to the 'puta to research... I may need a big glass of vino later!

 

Thanks again CB and Slick - worth your weight in gold

[slick132]

Hi Coffee,

 

I know you're already subscribed to Shelley's **WON** BC case but see this post - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3572871&viewfull=1#post3572871

 

If you want the compound interest and for the refund to be refunded to you direct, you have no choice but to start court action.

 

Can you confirm how much is the difference between the compound interest on your spready and the interest they've agreed to pay.

 

[coffeeangel]

Hi Coffee,

 

I know you're already subscribed to Shelley's **WON** BC case but see this post - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3572871&viewfull=1#post3572871

 

If you want the compound interest and for the refund to be refunded to you direct, you have no choice but to start court action.

 

Can you confirm how much is the difference between the compound interest on your spready and the interest they've agreed to pay.

 

 

I know Slick you are right Obi Wan! The thing is with the charges on this and the Mastercard plus PPI without compound, comes to quite a hefty sum and I have this earmarked to help my kids!

 

It's shy of a couple of hundred but I can make that back by working o/t on a couple of wkends at work which I am more than prepared to do for my kids.

 

When I started this journey, I had every intention of paying what I owe, the CORRECT amount, and even if this DCA were to come out of the woodwork not having had their grubby hands on the offset, I know they would have offered me a "deal"! I know EXACTLY how much was owed on that card and they would of HAD to accept what I OFFER and not a penny more!

 

I'm p***d Slick (sorry I know you don't condone bad language but please forgive this young padawan this time!). BC have no right! I just want to make sure when I fire at them (before court) my missiles are nukes!

 

I will compose my "final" radioactive response to them over the weekend. They have no where to go really as they AGREED the account with the DCA had been closed. I have that in WRITING. I also have the DCA's letter CONFIRMING account CLOSED. Again, templated responses! So... IF and WHEN we HAVE to take it to Court, they will look like the NUMCHUCKS they are!

 

Sorry for the rant Slick!

 

Coffee