me and Barclaycard since 2008 - now 2019 interest refund??

[Wilma Shoozfit]

Hi Guys

 

This hearing for me was a fishing expedition to get B/C to confirm that they had neither additional data printouts for other accounts nor a second credit agreement - unforunately the DJ scuppered this because she didn't see what good it would do me by having them! When I mentioned that B/Card had been processing incorrect data because of their admin error and had refused to correct it, and I was also questioning that, without a further credit agreement, for the second account they were processing data without my consent. Now I know I definately hit a nerve with the Barrister - I could see it in his face! This is when he went into great detail about people trying to get out of their debts because of an illegible credit agreement.

 

The statement regarding B/C only needing to hold the original documents for 6 years then it was being acceptable to put it onto microfiche (??) and the originals being destroyed was a statement by the Barrister acting for Barclaycard, not a Barclaycard Data Processor -This statement he used in his argument as to why a photocopy or the original wasn't provided in Court - At this point I reminded him that my request was with-in the six years and they wouldn't produce it.

 

Although the Barrister was working for Barclaycard - we can't be certain that what he said in the court was an absolute fact - I know! I know! If it wasn't an absolute fact he should have kept his mouth shut but the DJ accepted this explanation. I wasn't quick enough or have the savvy to question this - The Barrister was trying to draw the judges attention away from the probability that there should have been 2 credit agreements, this is when he produced a copy of the application form -that I hadn't seen before.

 

Therefore I would say that Barclays destroying originals at 6 years is still only heresay - coming from a non B'C employee - and we should accept what was said with a pinch of salt - and not as an absolute fact - I don't want folks going off on a mission armed with what could have been a complete load of tosh by this Barrister.

 

I don't know if they send people a transcript of the hearing - or if I can request a copy.

 

I'll make some enquiries

 

Cheers Wils

[Wilma Shoozfit]

Hi Folks

I have been trying to get info from B/C but stumbled at the first post when I couldn't get the court to support me in obtaining either additional info or confirmation that it didn't exist - so working on what I've got.

 

Long story short

Got a credit card in Feb 03 from Barclaycard. The account got messed up and went over it's limit when B/C failed to cancel PPI in Feb 2007. They've already agreed that this was misold - but I've turned down their offers for this and the charges and put that on the back burner for now until I resolve this issue.

 

The SAR printouts I receieved from B/Card are for 2 separate account numbers.

 

 

Shouldn't I have signed a new agreement for the second account?

 

I know that Section 85 of the CCA states

(1) Whenever, in connection with a credit-token agreement, a credit- token (other than the first) is give by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement

 

Any input would help

 

Cheers

Wils

Edited November 22, 2009 by Wilma Shoozfit
removed irrelevant info

[citizenB]

 

I don't know if they send people a transcript of the hearing - or if I can request a copy.

 

I'll make some enquiries

 

Cheers Wils

 

 

Yes, I think you can order a copy of the transcript. You will have to pay for it though.

[Guest Old_andrew2018]

Bump

[Wilma Shoozfit]

Hi everyone - just a quick update:

 

My hearing has come and gone without much of a flurry! I was chasing details or printouts for a couple of cards or a copy of the credit agreement for the new account B/C opened after transferring the balance from th old account in 2007 - Something they did with out my knowledge.

Anyways up the DJ couldn't see the point of me persuing this line of enquiry as she said that I had enough information to claim back my PPI and charges. Unfortunately I couldn't get through to her that without the second agreement that there was a possibility that not only had they been processing incorrect iformation to the CRA's that maybe they didn't have the right to process anything at all without a valid CCA. Long story short - she couldn't see the point and she quoted from their witness statement that they had provided me with everything so therefore I had all the documents there was to have - case dismissed. Bummer really! Good news is although I had to pay my costs 55.00 I didn't have to pay B/C's. of 700.00

 

The latest developements sre B/C have now instructed FCM to write to me, I got a letter on Saturday 05/09/09 dated 03/09/09 telling me they wanted payment of what looks like the full balance including the PPI and charges and they've given me until today to pay - 7 days!

 

Now I know there's lots of stuff flying about concernig DN's and their validity, but the only DN I got was in May from mercers asking for £200 or so minimum payments and enough to bring it back to the limit. I sent them off with a flea in their ear saying the account was in dispute. B/Card then credited back some charges for around this amount just after so the account dropped below the limit. The last statement B/C sent was in February, they stopped sending them after I issued the claim.

According to the bundle B/C supplied and the WS they sent they say the account was closed in May, but they produced statements up to July in the bundle showing interest and charges being applied. At this time it was still under the limit.

 

I'm confuddled. By asking for the balance which has gone up by £100 + since July, I assume they are exercising their right to end the agreement - as per their T & C's, although no-one either from B/C or anyone else has actually said the agreement is terminated - in fact I've had sod-all from B/C since August when the wrote to tell me they were applying a 12.00 late payment fee!

Is closing the account terminating the agreement? Can they close/terminate add infinitum using ever increasing balances? Last but not least shouldn't they have sent a proper DN before they "closed" the account or requested balance in full? -

 

I still have issues with them over the incorrect data they've processed and of course the PPI and interest on it, the additional interest ont he charges and the extra charges since my claim which were all included in the balance asked for last week.

 

To tell the truth I just don't know where to start on this........

 

Do I concentrate on the fact that they closed the original account in 2007 and transferred the balance to a new account using the 2003 application as the "agreement" and forget about all the trappings of the PPI - except of course this was what made them screw up my otherwise good credit file.

Do I go after the PPI, extra charges and contractual interest and when that's sorted offer F & F based on lack of credit agreement? Or shall I just sit back and wait for them to sue me?

 

Open for debate anyone?

Cheers Wils

[slick132]

Hi Wils and sorry to hear the judge wasn't more interested in your assertions. But at least you didn't get landed with their costs.

 

A DN from Mercers is usually invalid as it fails to show BC's full name and address.

 

I suggest you drop FCM (?) a letter asking them to give a full break-down of the amount they now claim.

 

Ask them if the a/c is now closed and, if so, why did you receive no termination notice.

 

Ask them to explain why the balance has risen when the a/c was, according to BC, closed.

 

Ask them to provide you with a copy of the executed credit agreeement to confirm they have the right to collect on this account.

 

Do you know if FCM are "solicitors" acting for BC or are they another DCA.

 

Have you yet fully quantified your claims for PPI, penalty charges and contractual (or restitutional) interest. Can you say if these amounts will anywhere near cover the alleged debt.

[Wilma Shoozfit]

Hi Slick

The letter is from First Credit Management - a DCA. they are acting as agents for B/C

 

I originally claimed everything back up to Feb 2009 bacause that's when my statements stopped - they included extra statements in their bundle going to July, there was another ppi payment in March.

 

B/C sent me letters offering refund of PPI but with 8% I turned it down. I then got a letter offering refund for charges again with 8% and turned it down told them not to credit account. I then sent claim up to Feb 09 for charges, they sent me another letter offering refund + 8% but with adjustments for already pid refund. Because I'd not got any statements from them I couldn't reconcile their offer to my claim and asked them for details of the figures and the statements - they sent me my own spreadsheet back.

 

Obviously they have been adding interest to the account since December when I stopped paying because they refuse to recognise my dispute about the cancelled PPI so originally the refund wound have knocked a 1/3 off the bill - but now I don't know - not without working it all out again - adding on additional charges and knocking off refunds they've credited back to the account. But the statements they included in their bundle only go to July and they've not sent me anything els apart from an odd letter for charges - some have over limit fee and the some don't - It would appear this account is top secret.

 

I wrote back to FCM and told them that the account was in dispute until B/C recognised my complaint and dealt with it. Balance contained miss-sold PPI and unlawful charges Told them that B/C were supplying incorrect data to third parties, including them. Told them to send the account back to Barclays and remind them that they have a duty under the DPA to ensure that they had the data subjects permission to process data and to ensure that the data was correct. Also said that if they sued I would counter claim and produce B/C's own documentation in my claim so go away.

 

I was thinking of putting a letter to B/C advising how dissappointed I was that they'd chosen to implement clause whatever it is to end/terminate rather than admit their error and resolve my claim, and tell them that I'd spoken to the ICO and was passing the file over to them.

 

The ICO have asked me to send them copies of the data printouts from B/C as proof that I cancelled and details of the PPI deductions together with a copy of my credit file and the letter refusing me credit and all the letters I've sent asking B/C to correct the information they'll look into it. As I say B/Card is the only nasty on my credit file. Just checked and apparantly they had a look at my credit file in May - it's down as an unrecorded search - odd!

They said they couldn't rule on the closed/transferred account/credit agreement issue so take that up with the Financial Ombudsman??? and send copies of the data printouts showing the transactions for them to check out for me.

 

I think I've just answered my own dilema. Letter to B/C, papers to ICO and FOS lets see if I can get some of these consumer protectors to do something.

 

All the best Wils

[Wilma Shoozfit]

I've revived this old thread in the hope that I can get suggestions for my next move.

 

B/Card passed this account to a DCA and the amount they are chasing is the full balance of the account including what B/Card admitted in June this year miss-sold PPI charges and interest.

 

I wrote to the again in October - I want to resolve this and get the adverse data from my credit file - which is apart from B/cards entries good. I asked them to provide me with a copy of the credit agreement for this account and to restrict their data reporting to the original account which closed in 2007 and remove anything from that date.

 

 

This is the reply I recieved:

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/B%20Card/Letter23-10-09page1.jpg

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/B%20Card/BCLetter23-10-09page2.jpg

 

 

This letter now confirms that Barclaycard closed my orignal account and opened a new account without my authorisation, but fails to give me reason for doing so - I previously reported 2 cards lost/stolen in transit and they didn't open a new account in these instances - so why now? They used outdated and inaccurate data from the 2003 application form - which is by the way illegible.

 

They have also agreed -at last- that I cancelled the PPI in Feb 07 - but haven't said why they ignored further letters of cancellation in September and October 08 and continued to apply the payments untils April. They have also forgotten they wrote to me in November 08 denying that I had cancelled the PPI -

 

They say they have a legal duty to report accurate information but by virtue of the administartive error that information was incorrect but they won't correct it.

 

Admittedly I haven't paid this alledged debt since December 08. I sent for a copy of the credit agreement end September 08, DSAR in October and when they failed to send me a copy of the credit agreement or DSAR I sent a CPR31.16 letter in December and stopped paying them. The reminder was sent in January and finally in February 09 I issued a claim for non-compliance of SAR. They finally complied in April 09.

 

In February Barclaycard stopped sending me statements. (although I did get copy statements to June in the Court bundle dated July, they have never sent them to me on a monthly basis. It was in the witness statement that I discovered that they had closed the account in May again they haven't written to me directly on this) I wrote in May and July advising them I wasn't recieving statements they ignored me.

 

They are stating in their letter that as I haven't paid my account by the due date, monthly they can report this to CRA's - but if they don't send statements how can anyone comply with that term? In the mean time they are marking my credit file on a monthly basis missed payments and todate it is still showing the full balance including PPI. There's no mention of a DN as they haven't issued me with one (apart from a Mickey Mouse jobby from Mercer's for min payments on statements I hadn't receieved)

 

They also state in the letter that they have refunded charges - I recieved letters that they were going to reimburse me with charges at 8% but I turned this down as the bulk of the charges related to overlimit caused purely by PPI payments I wanted contractual and told them not to credit the account until we have resolved the matter - seems as though they completely ignore everything I say.

 

So from where I'm sitting they don't have a credit agreement for this account. The application form is illegible so it can't be ascertained that I have given my consent to process data on subsequent accounts. They cobbled up by sending me the wrong "siimilar" application form as it wasn't a copy of the form I signed, they sent the same "similar" document in their bundle -

They have admitted that they have processed incorrect balances and failed to send me statements to conform with their so called terms & conditions.

 

In the mean time they have done an unrecorded search on my credit file and I have been refused credit -

 

Any help in unravelling this mess?

 

Cheers

Wils

[Wilma Shoozfit]

Still no takers?

 

Will send it to ICO

 

I've noticed I have legal protection on my house insurance for Section 13 Data protection Act - Might give them a ring

 

Wils

[Wilma Shoozfit]

Hi there

 

I haven't updated this for some time so I'll give a brief run down

 

PPI cancelled by me in Feb 2007 - cancellation recorded by B/C - B/Card

then closed this account and transferred balance to a new account and re-instated PPI.

When they opened the new account I didn't sign a new agreement. In response to CCA request I got an illegible copy of a microfiche application form dated 2003 with a copy of an unsimilar "similar template" , this same incorrect "similar template" copy was supplied in their court bundle in my non-compliance case. (hopefully scuppering any attempt by them to produce the correct one) This 2003 application is what they used to open the new account, the data on it was out of date.

I'll point out here that my card was stolen in February 2007, but prior to this I had reported two other cards lost/stolen in transit and they didn't open new accounts when I reported the loss of these two cards, their action in 2007 was therefore unprecedented.

Eventually the account went over limit incurring charges - adverse over limit data was recorded on my credit file - now if B/C had cancelled the PPI when instructed in 2007 the account would never have gone over the limit.

I wrote to B/C in September 08 cancelling the PPI again - they refused to accept the cancellation and continued taking the payments - according to last letter (see attached) until April 09, in November 08 they also denied that I had cancelled the policy.

In June 09 they admitted that the policy was miss-sold but continued to ignor my claims that I had cancelled it.

 

Whilst this was going on In February 09 B/Card stopped sending statements. In May Mercers sent a DN for minimum payments - but haven't registered this on my credit file. I was advised in a witness statement dated 31/07/09 that the account was closed in May - this being the only indication I have recieved that they've closed the account. In September 09 I got a letter from a DCA called First Credit Management stating that they were agents collecting on behalf of B/C and asking for what appeared to be the full amount including PPI and some charges and giving me 7 days to pay.

 

I have written to both Mercers and DCA telling them to push off and apparently they have. But the last letter B/Card say they will credit "my account with FCM" with the erroneous PPI deductions - So not only have they've forgotten the've already said it was miss-sold but imply that my account is now with FCM.

 

IMO B/Card have not only supplied inaccurate and damaging information to CRA's and DCA's but because I didn't sign a new credit agreement they do not have my permission to share my data at all, any permission they had was for they original account and that they closed in 2007.

 

In the attached letter they confirmed they "blocked" the original account and issued a new account number - translated they closed the original account and opened a new one but they are playing with semantics.

They state in the attached letter that it is their legal duty to supply accurate data to CRA's they also appreciate that additional amounts were included in the data they passed but refuse to correct it even though they know it is inaccurate.

My credit file is marked with missed payment markers since January 09 - but I haven't had any statements since February 09 - they haven't informed me of what I owe, what I was supposed to pay and when but state it is my responsibility to pay what is due by the date shown, each month and because I haven't they report this to CRA's. (again in the attached letter)

 

This is the letter I refer to:

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/B%20Card/Letter23-10-09page1.jpg

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/B%20Card/BCLetter23-10-09page2.jpg

 

I want to get this adverse data removed from my file as I have been refused credit because of it -

 

Question is do I go to court and get a none existant credit agreement declared unenforceable and then go for them under the DPA to remove the data.

 

Or can I bypass the unenforceablilty part and go stright to breaches of the DPA? No permission inaccurate data etc.

 

I thought perhaps if they sued me I could counterclaim - but BC haven't taken that many steps to collect this account - they have ignored all the "legal" requirements to do it correctly. They obviously realize they're on a sticky wicket with the CC but they just keep logging missed payments which is't doing me any favours.

 

I have sent a copy of the letter to the ICO together with a copy of the application form and other copy letters. I included a spreadsheet showing how the erroneous PPI had an adverse affect to the balance of the account and how because of this it attracted charges and they refuse to give me full restitution of interest and bring the account back to the state as though PPI had never been applied as they state in the June 09 letter. I have asked them to investigate the abuse of my data by B/C in using info from an old illegible application form for this "new" account and pointed out they refuse to correct data in spite of being aware that it is inaccurate. I've also asked that they consider compensation under Section 13 of the DPA for the damaged caused to my credit rep - I have sent a copy of a letter refusing me credit (16 month 0% card which I wanted for a balance transfer of another CC I'm paying off and haven't used for ages but they've hoiked up the interest rate - the swines) together with a copy of my credit file.

They've acknowledged my letter and advised they will pass it to an investigator.

 

From what I've read I'm not hopeful about the outcome of the ICO investigation, is it worth me going to any of the other bodies?

 

I do have legal expenses cover in my house insurance but this is limited to claims under section 13 of the DPA so should I wait for the ICO?

 

So many questions!!!!

 

Any views would be appreciated

 

Cheers

Wils

[slick132]

Hi Wilma,

 

You appear to have 2 choices:-

 

1. Let the complaint to the ICO run. See if they adjudicate in your favour and, if so, to what extent.

 

2. Quantify what you seek as a refund of penalty charges and PPI plus interest in restitution, and make a court claim for this amount.

 

Can you confirm if, in your opinion, BC still owe you any penalty charges and interest. I assume any refund credited to your a/c only had a flat 8% added instead of the higher interest which you refer to.

 

Do you agree with the amount being offered as a refund of PPI, apart from the interest.

 

Re the new BC a/c which you say was opened but without a new signed agreement, I think you may have trouble here. BC will just say the a/c was changed when the card was stolen.

 

This leaves them relying on the 2003 Credit Agreement. Where is this linked or shown in your thread please.

 

[Wilma Shoozfit]

Hi Slick

 

I don't know how long I'll have to wait for the ICO - but no one seems to be in a rush at B/C to push for this.

 

At the moment I haven't a clue what's going on with this account - they've been creditiing it with sundry amounts according to the letters I've had - but I couldn't reconcile them back to my original claim - I wrote in May asking for statements and but didn't get any, but at the end of July they included statements to June in their court bundle which showed refunds of 2 couple of hundred pounds including interest but the break-down of charges and interest didn't look right, I've but I've had nothing since.

 

Any payment they have given me has only 8% interest according to their letters - and as they state in their miss-sold letter they will put the account back to the status as if the PPI had never existed - this in my opinion includes compound interest, refund of the charges when it took the account over the limit and interest on these and removing the adverse over-limit markers on my credit file.The miss-sold letter offered £100.00 more in refund than the latest letter.

 

As for the new agreement - I could accept they "new account" theory because the card was stolen if they had done the same when 2 previous cards were reported as lost/stolen in transit but they didn't. I beleive that Barclaycard would need to show a precendence for their actions. If they opened new accounts for all lost/stolen cards according to Section 85 of the CCA Act they would have to supply a new agreement for the "new token" (accounts) which would be an adminstrative nightmare for them which is why their standard prcatice is to just change the card number.

 

I'll put another link to the application form they have sent - As you'll see it is illegible - and the "similar" document they sent is nothing to do with this application form, it's for a different promotional mail shot but they also included it in my court bundle which hopefully will scupper any attempt for them to produce a copy template of my application form at a later date.

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/CCA/CCA1.jpg

 

http://i422.photobucket.com/albums/pp309/WilmaShoozfit/CCA/cca2.jpg

 

Got to go late for work

 

Catcha later

Wils

[slick132]

Hi Wils,

 

Thanks for the links. There are no Prescribed Terms as required by CCA 1974 so neither of these doc'ts are an enforceable agreement, IMHO.

 

[Wilma Shoozfit]

Hi Slick

 

No not enforceable but they have used this document again 4 years later to open the new account. Surely that in itself is an abuse of my personal data? Also surely they should have ensured that it was correct before they used it again - legal duty and all that.

 

By the way the DN that Mercer's supplied was duff as well - and by asking for payment in full through FCM without any statements, proper DN or formal termination notice, I believe that's not only unlawful recission but breach of their own terms and conditions where they say they will end any agreement after complying with legal requirements.

 

There's more I'm sure there's a breach of Section 78(4) CCA for not sending me statements of the account -

 

If I ponder some more I'm sure I can find some other Regulations they have ignored- no wonder they're in no hurry to take me to Court.

But I would really like them to stop trashing my credit file so if they won't take me to court I will have to take them.

 

But what on earth would I put in a POC?

 

Any ideas?

 

Cheers Wils

[slick132]

Hi Wils,

 

If you got all your charges back and PPI with contractual interest, would this put a decent dent in the a/c balance as it stands now.

 

If you haven't calculated this, maybe now would be a good time to do it as it may help you decide on your best way forward.

 

[Wilma Shoozfit]

When I put my first claim in in May I claim up to the end of Feb as that was when they statements stopped at this point I was looking at reducing the February statement balance to about £750 with a refund refund of 1300.

I can see from my credit report they continued to add interest up until September (that's when they sent the FCM letter which appears to have been demanding the August Balance), the balance was the same in October and in November they have credited the account with the lower offer of PPI. + 8%.

(Oddly enough they are still recording me as a 6 & my report is showing as 6 payments late although I haven't paid them since last December - )

 

It's difficult without statements to know what's gone on.

I'll probably have to Sar them to get my up to date statements and start all over again and dispute the interest they have applied since they stopped statements in Feb. The whole thing is a mess!

 

Cheers Wils.

[slick132]

I think that sounds sensible, as you need the latest info to claim back all charges to date.

 

You could always hope the ICO responds too, so you know better how to move forward.

 

But I do think you should tally up your charges and PPI claims including contractual interest, and then sue them.

[Wilma Shoozfit]

I'll do a DSAR request to them and get my statements. I'll also request the Data Subject printouts from them - that should tell me if they's issued any Dn's or temination notices that they've not bothered to send.

 

I know with a fixed term agreement that they cannot charge interest or enforce the agreement if they fail to send statements - but I can't find anything that applies to a running credit account to the consequences of them not sending monthly statements although it does say in the CCA they have to provide them - I would have thought that a similar rule applied if the interest was calculated on the monthly balance and payments terms involved payment due as per statement due date, but beggared if I can find it for a running credit agreement - have you come across anything to do with this?

 

Cheers

Wils

[slick132]

Agreed re the SAR.

 

I'm aware that, with running credit agree'ts (credit card a/c's usually) they can't enforce, collect, default or sell a debt when it's in dispute.

 

BC will deny it's in dispute in your case as they provided not only their normal T&C reply but also a copy of your "agreement".

[Wilma Shoozfit]

Yes - but .......

It also states in their terms and conditions that they will supply me with a statement advising me of the interest and what and when to pay -

They didn't send me the "agreement" until 02 April 09 - and then only after I issued a claim, this was 6 months after I'd requested it and 5 months after I'd told them I was disputing the account. They may wish to deny the account was in dispute but they can't argue about the fact of my issuing a claim to obtain a copy of the agreement and back statements.

 

The last statement was dated Feb and they got the claim just after they sent this and they didn't send me any more statements after that - January was my 1st missed payment after disputing the account in October and in this letter I did advise them that although I considered the account in dispute I would continue to pay as a sign of good faith and on condition that they would provide me with me a copy of my agreement and investigate my historic PPI cancellation and further cancellation in September 08.

After they ignored my CPR request in December, the follow up letters in Jan and kept on taking the PPI even though I'd written 3 times cancelling it again, I used the January payment to issue a claim -

 

But that's all by the by and doesn't solve my current problem - of cleaning up the entries on my credit file.

 

I'll do a SAR - but If I continue to chase the PPI and charges - how does that reflect on my disputing the validity of this new account they opened?

and their right to process my data?

[slick132]

Hi Wils,

 

Sorry if we're covering old ground here - that's what happens when a thread gets older and longer.

 

Personally, I don't see a connection between getting PPI and charges back, and whether the a/c is enforceable or not.

 

The problem, as always, seems to be if and how you can get a default removed and I see this relying mainly on the enforceablility of the a/c.

[Wilma Shoozfit]

Sorry I'm a pain

 

But that's my problem do I continue to faff around with this PPI and charges business when I will probably have to take them to court to agree my interest then go back to court for the unenforceability route and get the data removed that way. Or should I go straight down the unenforceabilty route and save my self the extra grief?

 

If I could get the idiots at sharkey to get their act together and sort this mess out I'd be happy to offer a very small F & F on condition they remove the rubbish off my file

 

- I can't decide which is the best way forward!

 

- I know I'm useless!

 

I'll go away and ponder some more on this

Thanks anyway

 

Wils

[slick132]

Hi Wils,

 

I was actually apologising to you, for asking Q's that you've probably answered before. I don't always have the time to go right back through all that's been said before in the thread.

 

It was my hope that, if you claim interest in restitution at their contractual rate on top of the charges and the PPI, you could put a decent hole in the a/c balance. Or perhaps even wipe the debt entirely.

 

Get to work on the up to date figures, then come back to confirm how the total reclaim now compares with the a/c balance.

 

[Wilma Shoozfit]

Sorry Slick

 

I guess I'm a bit fed up of B/C's side stepping and evasion.

 

If they would have put their hands up and said sorry - our mistake we'll put it all right and change your credit file way back in September last year I wouldn't still be slogging this out -

 

I'm on a mission still - but it's down to the principle of it all. They fluffed it with their admin error and they should put it right - it's such an uphill struggle with them.

 

Sometimes I think sod em let the sue me - and other times I want to knee them in the groin to make them take notice of my complaint.

 

My home insurance covers me for legal expenses for civil action under Section 13 of the DATA Protection Act - I might give them a ring and see which of my local Solicitors they use for this. Most solicitors will give a free consultation to see if there's a chance of a case to bring.

As B/c admit that the data they've processed is inaccurate because it contained the cancelled PPI, and have stated that it is their legal duty to ensure that data is accurate, surely it must follow that they should correct it. I need to show that their administration error has given an unfair representaion of how I handled the account and the damage now caused to me by not being able to get credit on an otherwise healthy credit file. - This is what I have sent to the ICO. I've also pointed out that their failure to provide me with financial data of the account prohibited me from progressing my complaint and resolving it. Together with a copy of the June letter in which they stated that they would put the account back to a state as if the PPI was never applied - again if this was the case there would have been no adverse markers - but they've now renaged on this offer. It just seems ludicrous to me that they keep contradicting themselves.

 

AH well back to the drawing board

 

Sleep well

 

Wils

[Wilma Shoozfit]

The original start of this saga is long winded - and goes back to 2008 - when I started my PPI claim and Barclycard pulled their usual stunt and ignored me. 

 

It turns out that after my handbag was stolen and I'd phoned Barclaycard and told them to close my account rather than issue a new card they closed the account and opened another account without getting me to sign a credit agreement. 

 

Needless to say with the PPI I dug my heels in, stopped paying them and Barclaycard threw their teddy from the pram and refused to contact me - they stopped sending me statements and didn't reply to my letters. 

 

I had one default notice saying I hadn't paid the minimum payment as per the statement. 

I wrote back saying that to do so required a statement and as they weren't sending me any their default notice wasn't worth the paper it was written on.  I heard no more apart from a couple of debt collectors who were sent on their way without much hassle. 

 

If Barclaycard had done it right and given me my PPI from both accounts stopped loading the charges we could have come to some amicable arrangement and all would have gone away.  Instead they put a default on my credit file about 6 months after they issued the dodgy default notice and there it's sat until it should have dropped off back in 2016

- I must admit I haven't checked my credit file in ages as Barclaycard are the only default notice on there. 

As for Barclaycard I haven't heard anything from them at all.  No letters -  no statements nothing.

 

Then out of the blue today i have had a letter from them saying that they had sent me a letter in July 2017 about notices that were applied to my account but they made a mistake with them and they are really sorry so they have credited my account with 323.68 to reduce my balance.  They have also sent a letter saying I have missed two minimum payments dated 20/02/09 and 20/03/09 and am in arrears by 103.00.

 

Have they done this to re-awaken the account after 10 years so they can start hounding me again?

 

What's the best course of action with this? I really don't want to start all the hassle again

 

Willma