Barclaycard go back on promise to stop interest

[Sev]

At the beginning of 2006 I was put in the position where I couldn't pay my credit debts anymore.

 

One of my creditors was Barclaycard, and they made an offer of repayment whereby they froze the account and stopped interest and charges. (£51 per month for a 4K debt)

 

They have now written to say that this is at an end and that interest will now once again accrue. I have written asking for them to be symapthetic to my plight, and that interest would stop me from repaying the debt, but their line was that that was then and this is now, and 'this is our position on the matter'.

 

I am paying them more than any other creditor already. Should I re-evaluate my payment to them in light of this? Is there anybody to whom a complaint can be made?

 

thanks in advance.

[Under Siege]

Have you sent a CCA request?

[Sev]

I haven't no. Should I send this even if dealing with them directly?

 

Sorry to be ignorant but what will the CCA achieve?

[Under Siege]

I would definitely send a CCA request.

 

If they are unable to provide a copy (as they have been unable to do so in my case) then you are within your rights to withold payment

[Weird Al Yankovic]

Bear in mind that Barclaycard don't play by the rules and seem to be a law unto themselves with total disregard of consumer legislation/guidelines.

 

They are even taking me to court with no agreement and without ever sending me a default notice!

 

Do as advised but they will continue to harass and, probably eventually, do as they have done to me.

[Under Siege]

I agree,

 

Barclaycard have more or less admitted to me that they do not have a credit agreement however they continue to call every hour to collect payment and I continue to ignore their calls.

[Weird Al Yankovic]

I agree,

 

Barclaycard have more or less admitted to me that they do not have a credit agreement however they continue to call every hour to collect payment and I continue to ignore their calls.

 

 

Yes Under Siege.

 

I don't wish to paint a black picture for the OP but this is the reality with these animals.

 

However, the law is the law so I'm sure in the end Barclaycard will look silly bringing the action they have against me, and maybe the OP too if it gets that far.

 

Mercers are relentless blighters who annoy like an elusive bluebottle one is just unable to swat with one's slipper.

[Sev]

thanks for your advice, i've sent another letter asking them to keep the interest frozen. I think that they will ignore this and carry on regardless.

 

I am interested however that they are so keen to go to court, after all, does the judge not take a dim view of those that don't follow protocol, and surely when the debt is in the hands of the court, he could rule that your payments are sufficient and that interest and charges are to be stopped immediately - sounds like they just shoot themselves in the foot ?!

[Weird Al Yankovic]

thanks for your advice, i've sent another letter asking them to keep the interest frozen. I think that they will ignore this and carry on regardless.

 

I am interested however that they are so keen to go to court, after all, does the judge not take a dim view of those that don't follow protocol, and surely when the debt is in the hands of the court, he could rule that your payments are sufficient and that interest and charges are to be stopped immediately - sounds like they just shoot themselves in the foot ?!

 

Barclaycard will not stop interest being added, in my exp anyway. Their T&C's state it too.

 

Good luck.

[Having_A_Knightmare]

They are even taking me to court with no agreement and without ever sending me a default notice!

 

 

Have you got a date

 

HAK

[Sev]

Barclaycard will not stop interest being added, in my exp anyway. Their T&C's state it too.

 

Good luck.

 

 

I agree with you, I've seen this company change, ten years ago I was made redundant, and they just said fine we'll freeze everything and call in three months.

 

Now, it's a totally different animal- I don't know whether to ask them to take me to court and let the judge decide and save the pain!

[Having_A_Knightmare]

Now, it's a totally different animal- I don't know whether to ask them to take me to court and let the judge decide and save the pain!

 

I asked Natwest to take me to Court and up to now they have not

 

HAK

[Duffers Mum]

I too am having a nightmare with Barclaycard and Mercers, they sent an application form which they state incorporates the agreement and 6 different sets of T&C's. They passed to Mercers who sent a default notice and threats of doorstep collectors, I continued with my token payments and bombarded them back with letters. Last weekend I received a letter saying they had sent the wrong documentation but now enclosed the correct paperwork, apologised for this and credited my account with £300 interest and charges which shouldn't have been applied, however they now say they have complied. I have at long last got a reply from trading standards in Northampton and am sending off necessary paperwork to them tomorrow, hopefully I'll then know where I stand.

 

B/C are stubborn and intimidating. Don't let them get to you, CCA them, I bet you get an application form back like most do on this site!

 

Good luck

[Under Siege]

Barclaycard have totally ignored my request for a copy of my credit agreement.

I complained to them, and the wrote back telling me that they would resolve the matter by the 15th November. Still nothing.

 

They still call me 3 - 4 times a day though.

[Sev]

I found this lovely little toy for my nokia on a website called Handango - Handango – The Official Site: Downloads For Your Mobile Device

 

It provides software for mobile phones and this little gem is marvelous:

 

The interactive call manager:

Interactive Voice Call Master (S60 3rd)-Updated by Mobisophy Technologies, Inc. - Handango Nokia N73 (S60 3rd Edition) Phone & Fax Software

 

I now have every incoming and out going call on my phone recorded automatically without any annoying cut off or beeps. Should come in handy me thinks

[bazaar]

sorry to high jack your post. I am going after B Card also, so hopefully we can share ideas etc. I asked for CCA but they refused because I didnt sign my letter to them, but the dastardly T***s cashed the £1. I'm trying to find the relevant section that states that I must sign for information, does anyone have it?

I am going to write again, with another £1 just to be safe and inform them that since the information is going to the address they have used all this time, then they cannot refuse me the information.

Also, they replied back in september, so I beleive they have defaulted, am I correct.

My thread is Bazaar V barclaycard.

[Edz11]

The legislation says "after receiving a request in writing" - it does not mention "signed" or "signature" having to be anywhere on the request.

They have your £1. Send them another signed request pointing out that they have your quid. I'd get a five year old to sign it as "Mickey Mouse".

[Under Siege]

Bazaar,

 

see my post

 

http://www.consumeractiongroup.co.uk/forum/general-debt/117824-barclaycard-cca-they-want.html

 

That should answer your questions, there is a great letter on there by pt2537

[Sev]

Hi all,

 

For three years now I have been paying a token payment to barclaycard for my mastercard and visa.

 

I fell like many of us into financial troubles through lack of work, and let dear considerate barclaycard know. Like many of us they then got the in house mercer thugs to harrass and threaten. Unfortunately before I knew of this website, I agreed finally to token payments as laid out by them - 'This will be better for you in the long run' they said.

 

Now, for the last few months Barclaycard have seen fit to charge interest once again at the rate of 1.5%.

 

The visa is sitting at 3K and the mastercard has whittled down to 500 quid.

 

I tried writing to them explaining that as it was a payment agreement due to hardships surely the act of charging interest meant that they had no intention of wanting me to repay my debt and infact were perpetrating the debt.

 

I got a lovely reply joyfully telling me that's how it is - deal with it.

 

What advice can you give? should I push this, can I report them (for the pointless worth that the FOS and FSA are.

 

I really want to sue for charges, but I'm scared that they'll just go and start the debt collector cycle all over again as they'll just sell it on.

[slick132]

Hi Sev,

 

If there are penalty charges on your a/c's, your best move is to reclaim them along with interest at BC's contractual rate.

 

If they have not been charging interest until recently, you are one of the lucky few. Normally, they continue to pile on int't and charges regardless of your circumstances.

 

Read the Interest Tutorial linked below in my signature.

 

Use this thread for only one a/c (Visa) and start a new thread for the Mastercard a/c. Saves the 2 getting confused.

 

[Sev]

Hi,

 

Over two years ago I fell as many on here have on hard times.

 

I have had an agreement in place with barclaycard visa and m/c for a repayment plan.

 

Barclaycard have now, in their infinite wisdom decided that because the repayment plan has been adhere to so well that I don't need to be on it any more and wound the interest up to the full amount.

 

I'm at a loss as ringing them resulted in a very polite and eloquent 'stick it up your a**e, we can do what we like'.

 

I've done everything they asked, not reclaimed charges and played by their rules and repayment figure at the expense of some of my other creditors. To be honest I feel royally screwed.

 

They just want to keep me spiralling in a circle of debt until i put a rope around my neck.

 

All advice would be greatfully received.

[Bombaymix]

Time to reclaim charges?? Try and eliminate or drastically reduce that balance!

[BankFodder]

Although the general advice has been that if a bank has reneged on an instalment plan then it is unfair, I think that I might now see an exception to this.

If your circumstances change so that you are able to manage a higher level of instalments, then it might not be unfair for the bank to want to increase them.

 

I think that we need to know more detail about your position in relation to the bank and in relation to other creditors generally. Also, you say that you agreed not to reclaim charges. Was that in writing? PLease give more details because a promise like that might have the effect of binding them into their instalments agreement promise regardless of the circumstances

[Sev]

Hi Bankfodder, thanks for the input. The choice not to reclaim charges was a personal decision rather than anything agreed with Barclaycard themselves.

 

My other creditors get between 10 and 20 pounds per month, and if I have the money I try to overpay where I can. Barclaycard visa gets 51 pounds and m/c 11 pounds - figures which they insisted were the minimums they would accept. In return the accounts did not accrue interest. Now the interest for the 51 pounds account alone is 26 pounds. Out of a 62 Pound payment to Barclaycard (40% of the total amount I pay creditors) I am not facing half of that being swallowed in interest.

 

My complacency very much came from the fact that only Barclaycard had the decency to show that a pan was in place when I checked my credit record, unlike all the others who just filed defaults as a matter of course.

 

I have five creditors including Barclaycard to whom I pay what I can, and generally when I get the six monthly call from the others I try to not let the agreed sum increase. I do this because even though I often pay a few pounds more, I know I can maintain the agreed payment without having to rob peter to pay Paul from month to month, and commit to something which I may have to renege on.

 

Frustratingly my circumstances have changed slightly for the better , however fuel prices and living costs have risen so in effect I am no better off in my pocket at the end of the month.

 

My immediate feeling is that I should just use someone like PayPlan to do the mediation and pay through them. I know for certain the amount offered to each creditor will be much less than I'm already putting aside - Certainly Barclaycard would be the ones who suffer the most going this route. And also to begin proceedings to reclaim charges and the like.

[BankFodder]

OK - I think that you have good arguments to continue instalments on the same basis.

 

If the bank tried to go for immediate recovery of the whole, then I think that they would be in a bad position. However, to adjust the repayments according to your improved means sounds reasonable to me.

 

I suggest that you write to them in the same vein that you have used here.

 

lay out your income and expenditure for them. Point out that they are already prioritised so that they receive 40% of your available money and that recent cost of living increases are more than wiping out any small improvement that you might be experiencing in your position.

Finally - and I think that this is the killer argument, pint out that you are undertaking to manage your debts without any outside help. If they insist on demaning a higher amount, it will make it impossible for you to meet all of your commitments - including their debt, and you will be forced to get help from a DMP which will cost money and therefore reduce the available money available rather than improve the rate of repayment.

 

I don't think that you should refer to charges at the moment.

 

If they refuse a reasonable argument such as the one you have laid out, and force you to a DMP, then I think that you have grounds for saying that they are treating you unfairly by deliberately increasing your expenditure to a DMP and reducing the amount of money available for debt repayment and thus prolonging the agony.

 

Let us know what they say.