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

[steven4064]

Hoiw many statements have you got and how many are missing?

 

In my GE Money calim, there were a few random statements missing so we interpolated the missing ones - if the statement before or after a misssing statement had charges, we assumed that the missing statement did too. GE Money paid up.

[Wilma Shoozfit]

I don't really know I have some statements with one card number dated

21/03/03 to 20/09/06 however from 11/04-09/06 they show a nil balance.

 

I then have statments for a separate card number that start in 23/03/07 with a brought forward balance. (The date incidently coincides when I had my card stolen.)

 

So chronologically there are 6 statements missing.

 

I would have thought that there would have been more information in the SAR response which would have indicated some of the what, where and whyfores of the account as I did ask for full disclosure includung all statements, notes on the account and a copy of the signed CCA.

 

Wils

[steven4064]

I would have thought that there would have been more information in the Subject Access Request response which would have indicated some of the what, where and whyfores of the account as I did ask for full disclosure includung all statements, notes on the account and a copy of the signed CCA.

You would think, wouldn't you. What you have got seems pretty standard aunless you really press them.

 

What's with the 2 years' zero balance?

[Wilma Shoozfit]

I paid a lump sum off the card and didn't use it for a while I think that they possibly thought I'd closed the account because they didn't send me a new card when the old one expired - I had to phone them to ask why they hadn't sent one - this was about 3-5 months after the old card died. They said Whoops sorry and sent another but I couldn't tell you what the card number was or when they sent it. (Judging by the Subject Access Request neither can they)

Edited January 3, 2009 by Wilma Shoozfit
3/10 grammar

[steven4064]

I think you should press them for the statements 09/06 to 03/07

[Wilma Shoozfit]

I've written to them they wrote back 20/11/08 saying they would pass it to the correct area (must be area 51) but so far nothing- We'll see what the disclosure under CPR brings - I've just realised that I sent a variation of PT's Nº 2 letter instead of number Nº 1. I don't know if that will cause problems Ah well c'est la vie!

 

If they don't reply after 21/01 I will send a 7 day reminder then and I guess if that dosen't work it'll be a 14 day LBA. I think 4½ months is a reasonable time frame for them to produce the info.

 

I've also whipped out another letter re the PPI asking them to refund the charge from October to December together with over limit charges and interest on these. This time I have asked them to produce T & C's that say that the "Optional" PPI can't be cancelled as they refuse to acknowledge my cancellation.

[Wilma Shoozfit]

Well another quick post - Got a couple of letters back from B/C - more terms and conditions - on my way to getting 3 of a kind! No mention of my letter for the CPR disclosure so I've whipped off a letter asking them to confirm if this is their reponse and letting them know they still got a couple of weeks to reply!

 

I kept this letter short - I don't think they have enough attention span to get to the end of a long letter. Which is probably why I only ever get half an answer from them

[Wilma Shoozfit]

Another set of T n C's (cancellation form)- I've now got three of a kind!

 

In Spite of the CPR request there's still no sign of the signed agreement, in fact I haven't had anything at all with my name on it signed or otherwise! The missing statements are still missing. To top it all they're still charging me for the cancelled PPI, interest and over credit limit fee.

 

Stroppy letter has been dispatched re the PPI - Let's see if they ignore that!

 

I think a gentle but firm reminder is required for Mr S to advise him that the time is running out for the CPR and how I may have to consider seriously about with- holding any more payments to them if I don't they don't cough up with the paperwork! See if that makes a difference!

[ouch123]

Hi WS - I recieved a similar response from BC regarding CCA request. Also, concidering CPR route and watching your thread with interest.

 

Cheers and Goodluck.

[Wilma Shoozfit]

More T n C's arrived today - Soon have enough to keep the local chippy in wrapping for the week! (elf n safety permitting)

[Wilma Shoozfit]

Now here's a new one

 

"Customer Feedback" form - sorry to hear about your complaint...... fill in the form.... we'll get back to you in a month......

 

Is this a response to my snotty letter re the PPI or is it more delaying tactics so they don't have to come up with the CCA and statements?

 

They think that I'm going to put pen to paper and fill in their form? I don't think so......I won't even sign my letters to them - there's no way I'm going to write War and Peace on one of their leaflets! Dream on Barclaycard!

 

Tomorrow their time is up on my CPR 31.16 request and all I've had from them is T & C's and a leaflet. So the question is do I take them to court to get the info or do I let them know I will be "with-holding" payment until they send the info. Of course I could do both!

 

I've composed a couple of letters - one a LBA the other's a sod -off . I've got a couple of days yet to deciide which one to send.

 

Input would be welcome:)

[Wilma Shoozfit]

HELP!!

 

2 weeks ago I wrote to the Barclaycard. I told them I had tried every avenue to obtain information from them - CCA, SAR and CPR31.16 to no avail - I still didn't have my credit agreement, the missing statements or an explanation why I can't cancel the PPI. Ive had neither acknowledgement of my requests nor explanation from them as to why they wouldn't or couldn't supply them.

 

Based on what they sent I asked for a refund of the small credit balance they filched - my charges, the PPI from the date I cancelled and told them if they couldn''t supply pre 03/07 statements, as they were legally obliged to have this data, they would have to write it off. In short they owe me £xxx.00 - please send a cheque or proof that you don't owe me this money. I haven't paid them this month -seeing as by my logic they owe me.

 

I gave them 3 weeks to reply - 2 weeks have gone by and I want to send a reminder telling them they have 1 week to respond to my last letter or I shall commence proceedings.

 

So here's the BIG question - What can I do court wise I've downloaded the N244 I've looked at how PT says to fill it in for noncompliance for the CPR 31.16 but in actual fact they've never complied with the SAR I sent (missing statements, other data, credit agreement etc) and never responded to my request to reimburse payments from when I cancelled PPI or send me T & C's where it states I can't cancel.

 

Sooo do I need to apply to the court to force them to comply with my SAR instead?

 

I've managed to totally confuse myself

 

Wils

[slick132]

Hi Wilma,

 

If they've failed to comly with your SAR, see here - The Consumer Forums-

 

This is in the Bank Templates Library.

[Wilma Shoozfit]

Hi Slick - they've failed in just about everything. I've sent -

I've had a look at the templates for the courts -

 

I'll send them a reminder for my refund:D and add that if they don't reply by the time I've said -I'll issue proceedings - Do I need to issue at my local court for SAR non-compliance or can I do it on line?

[slick132]

Probably better to use your local court.

 

Using MCOL means you risk the case being auto-Stayed if they think it concerns bank charges. Then you have a real job pursuading them to unStay they case.

 

Local court N1 avoids this.

[Wilma Shoozfit]

Reminder letter done advising if no reply per set date of 16/02 then I will issue court proceedings. N1 filled out and ready to go!

[Wilma Shoozfit]

I got a fat envelope from Barclaycard today - A computer printout of the records they have on me.

 

In my SAR I asked for records relating to phone calls and they wrote to me saying that they didn't always record calls and I would have to be specific about dates for them to be able to trace any call. Well my print proved that to be an outright lie! It's all there in black and white. But that's another story about PPI that's yet to unfold and I'm hoping they will continue to dig themselves a pit with this.

 

I didn't get my missing statements - although I did note in the transcript that they state they have done a balance transfer in Feb 07 (when I had my card stolen) and the statements that are missing are prior to this date.

There's no mention of the original card number on these notes although I've had statements for it showing the account balance on this as being brought to 0.00 or any info how the account evolved to end up with my current card number.

 

I didn't get a copy of my credit card agreement either.

 

So the clock is still ticking - my reminder/LBA was posted Monday and the N1 is sitting in a envelope waiting to be posted on Tuesday.

[slick132]

They never seem to include the Credit Agreement as part of the SAR reply. In fact all they seem to provide are statements (well, sometimes;)).

 

If you think there are missing statements which will show charges on them, you can either:-

 

1. File at court re their Non-Compliance.

 

2. Claim a refund of charges and make a reasonable estimate for the statements they won't supply. Then the onus is on them to provide proof if they contest your estimate.

[Wilma Shoozfit]

Can I file a combined claim for non-compliance and for charges refund at the ame time or do I have to do 2 separate claims?

 

My charges were mentioned in the letter I sent them together with PPI - Should they all be separate claims?

[slick132]

Filing for Non-Compliance is your way of forcing them to provide data. It relies on very different law to that which concerns bank charges.

 

You would File re charges separately when you receive the nec'y data.

 

You should be able to get your charges and your PPI sorted without going to court so this may not be an issue.

 

How many months statements are you missing and are you sure there was activity on the a/c during this period.

[Wilma Shoozfit]

I have some statements with one card number dated from 21/03/03 to 20/09/06. From 11/04-09/06 they show a nil balance, after B/C debited the small credit balance off the account

 

My card along with my handbag was stolen in February 07 and a new card issued, the next statement I have is for my current card Nº with a b/fwd balance that start in 23/03/07.The Data printout states there was a balance transfer at this time but doesn't cross reference it to any other card Nº/data. (What makes up this B/Fwd balance seems to have disappeared into a black hole along with the statements)

 

So at the end of the day there are,chronologically, 6 statements missing. and the transactions on these 6 statments take me almost to the credit limit

[slick132]

File re Non-Compliance when the LBA expires. They could be messing you around with this for months or years.

 

Are you claiming a nominal amount from them in your N1, as damages.

[Wilma Shoozfit]

Yes I claimed damages so that I wouldn't have to pay 150.00 court fees so it's just under £100 - made up of court fees, postage, ups delivery and research time;) - I'm hoping that £30.00 will cover the Court Fees.

[angel_1]

hello Wilma

 

ive got the same problem with ge money, have sent a reminder and still have not compiled yet my original request last year sent reg post

 

so im willing to take this to my court for a court order...

 

will check over the weekend for what to put on the acutal paperwork too

 

thanks slick for the info too and clarifying further on this

 

laters angel x

[Wilma Shoozfit]

Another tome of worthiness arrived today - Kind chappie said that I could treat his letter as a "final response" and I can go to the Finanical Ombudsman if I want.

 

Hopes that he has resolved my complaint - but can I please send a cheque for £10.00 so that they can process my SAR and they've sent me another pretty leaflet

 

Big Question - in my POC do I have to specify which parts of the SAR they have not complied with? in particular the important bits - copy credit agreement and statements or is it sufficient to say that they haven't complied with the full details as requested.