Barclaycard Interest Rate Hikes

[Mehim]

I have 4 credit cards with Barclays, 1 from MDSW, 1 from Goldfish 1 from Monument and 1 of theirs.

 

I closed all off them when they kept raising the interest rates, final straw was March 2011.

 

Since then I have been fighting to get information from them, one they have said is unenforcable (Goldfish).

 

The others I keep informing them I am not asking for information under section 78 and finally sent them a SAR for the remaining 3 cards.

 

These eventually arrived incomplete and I again requested the relevant information, especially a copy of the signed agreement.

 

I recently received a so called signed agreement for their own card.

 

I`d be grateful if someone could have a look at it and advise me of my next step.

 

Once I figure out how to get a copy here

 

Many thanks

Edited January 24, 2012 by Mehim
update

[Mehim]

Can someone let me know where the method of showing images or files is?

 

I`ve seen it on my travels but as usual, cant find it when i need it. Many thanks

 

 

Found photobucket, now just need to figure out how to save the picture in a larger scale

 

the joys

Edited January 24, 2012 by Mehim
adding

[Mehim]

Afternoon folks,

 

I re read the letter Bcard sent with the latest info.

 

"Subject Access Request under the Data Protection Act 1998

 

Further to your recent request for information under the data Protection Act of 1998, please find enclosed a copy of your original application.

 

Yours sincerely"

 

I have now acknowledged receipt telling them that it is my last communication with them allowing them to answer fully my SAR.

 

If they dont I`m going to put the account into dispute and tell them to whistle.

 

I`m still waiting on a reply to 2 other SArs sent to them.

[IdaInFife]

Sorry but your posts are confusing - non compliance of SAR does not put an account in dispute?#!

 

You said you closed them off - do you mean you cleared the balances and closed them or you just stopped using your cards?

 

what is your aim at the moment?

[Mehim]

Hi Ida,

 

I Had 4 accounts with them.

I closed them (March 2011) when they sent me another letter increasing all the interest rates. I left them being paid monthly but at the same time I asked for a copy of the original CCA which I was told would all be sent.

 

It took me ages to get any information and they sent me a copy of Barclaycard terms and conditions for each of them apart from the Goldfish

 

Goldfish they said was unenforcable as they didn`t have the agreement

 

I eventually sent them a SAR for the other 3 using the library letter. No statements, no original agreements and very little else was forthcoming.

 

I again wrote telling them they were not complying with my SAR, and that I would be reporting them to the relevant authorities if they did not comply fully with my SAR. I have not had a reply regarding the Monument or MDSW ones.

 

The actual Barclaycard one they sent me a single page letter enclosing the original application which I tried attaching at post 2, They have typed in my name and address top left on it and there is a stamp top right which has a card number that isn`t mine.

 

I replied again regarding their card saying i wanted all the information that I had asked for.

 

Personally, I don`t think they have any original agreements for any of the 4 cards and are playing games, or trying too.

 

They have robbed me for years regarding the interest rates and I have told them this. (well not just me, everyone)

 

Many thanks for responding, I`m new to all this but since using a company in 2009, which eventually went awol, I have been soldiering on with the confidence that they gave me. I found CAG and have been using some of the info that is in here to annoy the credit card companies.

 

Not too sure if this makes any sense but thank you again

[Mehim]

Sorry one thing I forgot to say, they continually fell back on s78, saying they had sent the information I asked for under that. I continually inform them that I have never mentioned s78, that it is them that keeps bringing that into the equation not me.

 

ty

[IdaInFife]

well i think you need to follow it through

 

here's a thread with most of the info you will need

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966

[Mehim]

hello guest, how`s you?

[Mehim]

HI Ida,

 

very enlightening thread, many thanks for that link.

 

I have never had a completed SAR from any company, they must get fed up with all the letters I write to them.

 

They just annoy me no end and make me stick at it even more. As I said previously, the CMC that I started out with gave me loads of confidence in dealing with the card companies and all their DCA`s. A lot of them now don`t even try doing the DPA questions with me, just are you the only Mr x at these premises. I take great pleasure in repeating in writing only as requested.

 

Finding CAG was the icing on the cake.

 

I just had another incomplete SAR the other day, I had to go collect it from their branch even though they sent me a letter informing me it would be there, that they couldn`t send it to my address as they didn`t know if it was me. Conveniently forgetting that they sent the letter telling me that to the same address.

 

If they would only wise up and do as they are legally obliged to do, I wouldn`t be so thrawn with them, they just cause me to dig my heels in and use the same law against them.

 

Again many thanks for the thread, it will certainly cause some more letters to be sent to each of the companies that are playing sully games with me.

 

ty

Edited January 28, 2012 by Mehim
spelling

[Mehim]

Morning fellow caggers,

 

I stumbled over a thread regarding Credit Card Companies and their agreements in Scotland a week or so ago.

 

I am sure it was about credit card companies needing to have the original CCA in Scotland but cannot for the life of me find it again.

 

I would be grateful if someone could point me in the right direction.

 

Many thanks

[seriously fed up]

this was a change in Sheriff Court procedures in (think it was) November 2009 which requires them to "aver" (ie confirm) that they have a copy of the original agreement. Of course they always will do this if it gets to court because there is the chance that the victim will concede without going to court, or just not defend - either way they win. However, do they have the agreement? Is their granny their sister?

You will find it here http://www.legislation.gov.uk/ssi/2009/402/made - its in the section "actions relating to regulated agreements".

[Mehim]

Thanks for that info Seriously.

 

I`m not too clear on whether that actually was introduced or just proposed then dropped.

 

Can anyone tell me if it is included in the law now? ie, that a credit card company(In Scotland) must produce an original agreement when they decide to go to court?

 

Thank You

[Mehim]

Next one.

 

Barclaycard have replied again to one of my SARs, card is dated from 2001. but they have sent no statements for it again or a copy of the original agreement.

 

one sheet has a different account number referred to on it.

 

Who do I send my complaint to regarding this non compliance?

 

I want to go down the complaint route first.

 

TY

[seriously fed up]

when they raise the action (put the papers into court to make the legal claim on you) they only have to "aver" (posh word for guarantee) that an executed agreement exists. However, this still allows them to get orders without putting up any evidence because the OP doesnt defend, or is frightened into paying up/ coming to an agreement. If they have nothing at all, they would simply withdraw before the hearing (or perhaps defend the indefensible in the hope the Sheriff is sleeping).

Re your next question, I would start here http://www.ico.gov.uk/about_us/our_organisation/introduction.aspx

[Mehim]

Hi Seriously,

 

I am fast coming to the view that if they had an original agreement they would send it asap.

 

The fact that they are deliberately messing me about with 3 accounts leads me to believe that have none of them. Well 2 of them, 1 they did send an application form with very little on it.

 

Just checked that page about card numbers and it does refer to a wrong account number on it, several times.

[seriously fed up]

i suspect you may well be right. When you see some of the pap that they send out and, hand on heart, swear on the lives of their children that they are enforceable, when they cant send you anything at all, it is quite remarkable. On the other hand it is VERY unusual for them to fess up to this.

Were I you I would write back to them giving them a reasonable time - say a month - to come up with the missing two, OR admit they cant find them. Re the application form, I will bet you it has no interest rate, credit limit (or how this would be determined) or repayment arrangements on it. If I am right and it doesnt, it is hopelessly unenforceable.

[Mehim]

Hi Again,

 

I tried posting at post 2 the crap they sent me in reply to their own card.

 

I have written to them giving them 14 days to send the rest of the SAR info or i put in a complaint for each one they don`t complete.

 

I am kinda lucky, they have admitted 1 of the 4 is unenforcable, then tried all sorts of games trying to get me to agree to pay.

 

I have had enough of their lies and will not pay any that they cannot enforce.

 

As I said in an earlier post, I was happy to pay if they were honest with me and stopped the lies and games.

 

As I am learning, there isn`t really a lot to be frightened off once you see through it all.

 

TY