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

[Wilma Shoozfit]

There must be more statements as there is a six month gap iand somewhere in that gap the card number changes - On the original card in September 04 I had a credit balance of 10.94 The total transactions - not specified in Oct.04 are 10.94 bring the balance to nil there are then nil balance statements for this card number up to Sept 06. and the next statment is dated Mar 07 with a brought forward balance from last statment with a new card number. The change in card number is probably because my old card was stolen in January 07.and I phoned them to ask them to issue a new replacement card. Whch they did.

I have only ever had one visa account account and looking at the early statements I'd say it was opened in March/April 03 and and although I'm not sure I think it was an internet application, (I wouldn't cross my heart and hope to die on that one.)

[slick132]

Hi Wilma,

 

If you think there are more state's to come, for the same a/c, take a look here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Adapt as necessary to reflect your own case and, if you come across the other a/c nos., include them in the letter to help BC.

[Wilma Shoozfit]

Thanks Slick -I really appreciate your help in this

I've spent hours reading threads - My theory is getting good - but practice still scares the bejeezus out of me -

 

So back to the key board - CCA thingy letter tomorrow and DPA non compliance letter to go. Guess what I've even worked out the interest on my charges - 8%- not a fortune - but better off my balance than in their pockets.

 

Onwards & upwards:D

[Wilma Shoozfit]

Just a quick update:

I sent 4 letters of various complaints to Barclaycard - all in separate envelopes but in one big envelope so they could spread them about to the right departments. Probably over kill but it will be intersting to see what comes back:)

 

Today I got another letter- in answer to my initial request for a CCA. This came from a different department from the first. They thanked me for my £1.00 (YW) and sent me a photocopied sheet of terms and conditions from when, they say, I opened my account. Different to the first lot of T & C's but never the less just T & C's -

 

They might make a bigger effort when they get my influx of post!

[slick132]

They might make a bigger effort when they get my influx of post!

 

Don't hold ya breath !!

 

They seem to be sending out a lot of T&C's lately, but not many Credit Agreements.

[Wilma Shoozfit]

They seem to be going through their back catalogue of T & C's with me:D

 

Wonder which set I'll get in response to my last volley of letters.

 

Do I get a prize if I get 3 of a kind?

[Wilma Shoozfit]

Got an answer to my PPI query today - It is probably a standard but arrogant bogoff letter that they've tweaked. They apparently haven't read my first letter cancelling the policy as they state

"It is my understanding that you are claimimg the policy has been misold, your PPI has not been cancelled and therefore you will continue to pay premiums for the cover. Should I wish to cancel........

 

I will need to ponder on my answer as they haven't addressed my query and ignored my cancellation- but I will need to get the rest of the missing SAR documents before I can make my point.

 

Other than that - no news about the CCA

[Wilma Shoozfit]

Still no news about the CCA.

But I got a reply to the SAR non-compliance letter and this is what they have replied:

Quote”

Your query containing provision of statements has been forwarded to the appropriate area and they will contact you shortly.

If you wish to apply for information held under the Consumer Credit Act 1974, please write to us detailing your specific requirements. Upon receipt the requested details will be sent to you

(More blurb about their PPI letter – which was basically a bogoff letter)

Please note we do not record all telephone calls however if you are specifically trying to obtain telephone transcripts and are able to advise us of the particular day and time of the call we will be pleased to search our records and provide the information held”

Now is it me or are these people giving me the run around?

First I get 2 sets of T & C’s from different years in response to CCA request.

Then I get some of my statements but with 6 months missing.

It doesn’t look as though they actually take the time to read any of the letters I send.

Should I just make it short and sweet and ask them to send me copies of the documents they would attach to a County Court Summons if I stopped paying them?

[slick132]

Hi Wilma,

 

My advice would be to wait a week or so to see if they manage to come up with the state's you require.

 

It seems daft to keep firing letters off to them which they'll likely ignore or which will cross in the post with their reply.

 

If they still fail to respond, read up on enforcement - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[Wilma Shoozfit]

Ok I'll let sleeping dogs lie for the moment - see what they come back with - they've still got a few weeks to comply.

 

The interest will just keep totting up on the charges they've made and if I get them back it'll be a job well done. It won't clear the bill but it will make it more manageable.

 

Then I'll start on CapOne

[slick132]

It's up to you Wilma, but why not get started with Cap1 now while it's quiet with BC.

 

[Wilma Shoozfit]

At first I thought - what if they both fall out with me and I don't have a credit card?

 

Then I remembered they're both full so I can't use them anyway:D

 

CapOne here I come........

[Wilma Shoozfit]

No further news from BC about missing statments or anything resembling a CCA but I did received my monthly statement.

 

Last month I paid enough to bring the card just under the credit limit + their estimated interest charges for this month. (Even though I have told them the account is in dispute for failing to supply the CCA so they shouldn't have charged me any interest {in my dreams}.)

In theory this month I should be under the credit limit even if only by a couple of pounds. But no. They're still charging me PPI even though I've cancelled it and charged me 12.00 because it put me over my limit.

 

These bodies are really beginning to tick me off now!

[slick132]

Hi Wilma,

 

It's exasperating dealing with these people but I guess that's how they like to make it.

 

Don't let them wear you down or get away with this.

 

Complain that the PPI has been cancelled, that no int't or charges should be made as they are in default that you want a revised statement to reflect this within 14 days.

[Wilma Shoozfit]

All I wanted was to re-claim my charges - but I didn't realise that B/C would be such a pain in the but-tocks

 

Brief run down of events - to save reading the whole thread:

 

29/09/08 Consumer Credit Agreement request

PPI enquiry and cancellation

Received: Copy of current B/C Terms and conditions

Copy of B/C Terms and conditions for 2004

 

20/10/08 Non compliance letter for CCA request posted

Personal Data Subject Access request for ALL information held

11/11/08

Received: Incomplete set of statements only

 

12/11/08 Sent Copy of CCA request (which includes PPI cancellation)

Copy of CCA Non-Compliance

Non Compliance of Subject Access Request request

Letter requesting refund of October PPI

 

19/11/08

Received: Letter from Sxxxxxx Axxxx refuting PPI cancellation advising me that “you will pay” as a “Final response”.

20/11/08

recieved Letter from S** B*** advising

1. Statements have been requested

2.Requesting further details of requirements for Subject Access Request

3. Advising that PPI response has been sent.

 

By my calculations come Monday the 40 days are up for the Subject Access Request request. I still haven't had a copy of the credit agreement, missing statements have not turned up and they're still applying PPI, charges and interest to the account.

 

I am paying the account, no defaults have been issued (although they have probably made some comment on my credit file about being over the card limit) nor have I had any calls from them.

 

Now I know that the next step would be a LBA re court enforcement for them to provide the statements and a true copy of the CCA. and to wait to see what appears.

I have prepared a letter as per Slick's suggestion asking for refund of PPI, charges and interest but haven't sent it as yet.

Because.....

I am contemplating sending a letter to them asking them, in view of lack of documentation, to write off about 2/3 of the balance of the account which is made up of part of the b/fwd balance on the 04/07 statement and known charges from available statements + interest. I have said that I will pay the balance on installments per their monthly statements. It's either that or provide an enforceable CCA.

 

Am I correct in that this letter should be sent "with-out predjudice" in the event they turn down my offer and can't produce the statements and CCA and I need to go down the court route?

 

Has anybody made an such an offer under similar circumstances with any success?

Edited December 7, 2008 by Wilma Shoozfit
gremlins!

[slick132]

Hi Wilma,

 

I think you're right to keep trying to get ALL the a/c statements before reclaiming the charges. So send the SAR LBA when they've had their 40 days.

 

As regards a request that they write off 2/3rds of the balance, I'm not sure this is a way forward because:-

 

1) Either they have a valid Credit Agreement or they don't and, therefore, the debt will be enforceable or not.

 

2) I don't think they'll negotiate with you in this way (they'd leave that to the likes of Mercers or other DCA's further down the line).

 

3) You can reclaim your charges to reduce the a/c balance.

 

My advice would be to pursue the missing a/c state's. In this regard, have a look here as there are references to success in getting data - http://www.consumeractiongroup.co.uk/forum/barclaycard/3331-barclaycard-contact-address.html

[Wilma Shoozfit]

Ah well - It was just a thought. I'll send the charges / PPI letter and dig about for the LBA. I can send them both to Ms Brown, She's at the 1234 Pavilion Address. She's the bod that works in the Data Protection Offices and wrote the last letter to me.

 

Wils

Edited December 7, 2008 by Wilma Shoozfit
was going to ps but changed my mind

[slick132]

Hi Wilma,

 

I think I put the link for the LBA in post #28.

 

Do separate letters for each subject or there's a chance that one dep't will not fwd a copy of your letter to another.

[Wilma Shoozfit]

I haven't sent any correspondence to BC since their last letter, but today I recieved a letter from the in response to my complaint for none compliance to CCA request.

 

I know, it's Christmas Eve day and there's last minute shopping and stuff like that to do. But if any-one's got a minute over the next few days to have a look at the letter Barclaycard have sent me and comment on it I'd appreciate it.

 

I've loaded onto photobucket together with the T & C's they sent me in response to my CCA request.

 

BC still haven't sent the missing statements so I'm no further forward in claiming back my charges.

 

 

 

 

 

I hope I've done this right

Edited December 26, 2008 by Wilma Shoozfit
useless with photobucket

[Wilma Shoozfit]

Well - I've been reading around looking for anyone who's got this kind of letter but I can't find one - and my brain's going to mush. So I've cobbled together a letter using the bones of PT2537 "template letter" for CPR part 31.16 disclosure and will be posting it next time I venture out. I'll send it to our Colin in "Court Orders and Disclosures department". Is this where I report them to OFT, TS or does that come later?

[tosh1]

Hi Wilma Shoozfit

 

I got exactly the same letter from Colin and sent a cpr 31.16 requst. Good Luck

[Wilma Shoozfit]

Hi Tosh - thanks for comimg back - I've been searching the site for days to see if anyone else has had a letter like this - I've even downloaded a copy of the "Act " to read the section they quote .

 

 

78.—(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence

, shall give the debtor a copy of the executed agreement (if any)

 

 

(:)must be a really old version of the act!)

 

I'm now searching to see what interpretation of (if any) the more knowledgeable folks have to say on this. I've seen it sonewhere - but beggared if I can remember where. I think it's in PT's thread but don't think I can face trawling thru it all again!

 

You'd think with all this reading I'd get a better handle on this - but I think my poor old brain is suffering form over-load

Edited December 30, 2008 by Wilma Shoozfit
What was written was translated to "I'm an orange!" am I losing it?

[tosh1]

Hi WM

 

I suggest that you read the following thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

I also tried reading the cca74 and gave up after 10 minutes.

[steven4064]

Wilma

 

What they have sent you is not a copy of an enforceable agreement but it deos comply with s78 of the CCA 1974. I doubt you will get anything out of them and, because they have complied, you don't have any leverage with them on that front.

 

Much better to do as slick said and pursue the DPA stuff. Once you have that, you can reclaim charges, PPI and interest on both. You may well find that this tots up to more than the 2/3 anyway.

 

Credit card charegs are much easier to claim ATM than bank charges - they are not subject to the ongoing litigation between the banks and OFt and they are more obviously contract penalties. If you get the data, put in a preliminary claim, follow up with LBAand threat of cour, you will get back the lot - charges, PPI and interest on both - I suggest at theiur normal rate of 18% plus, compounded.

 

While you are waiting for the data, read up about the process, particulary interest - have alook at my tutorial and my Goldfish thread.

[Wilma Shoozfit]

Cheers for that Steve -

 

I'll hang fire and see if they respond to the "CPR" letter and send the rest of the statements without, these I can't claim all my charges back.

Then I'll take it from there.