DK vs Barclaycard

[DK32UK]

Hi Folks

I'm looking for some advice/steering in the right direction after having made a CCA request to Barclaycard.

My initial request was made on 2 January 2008. This request has not been acknowledged in any way bar the usual intended litigation warnings/local representative calling at my home warnings and finally a litigation warning from Midas Legal Services.

On 26 March 2008 I sent a non-compliance letter to them and still nothing but the threat of a local rep visiting. They have offered a 30% discount on my debt if I pay within 10 days. Bargain!

Is anyone able to advise on the next step?

On reading a few threads on CCA requests and SARs, I'm now wondering should I have sent an S.A.R - (Subject Access Request) with my CCA request to Barclaycard? By having just sent a CCA request have I not done it correctly? :o

Any advice would be appreciated.

Thanks

DK

[slick132]

Hi DK,

I know your Barclays thread covers some of this but I want it here so peeps can follow this.

Did you send CCA request and Non-Compliance ltrs to BC (not the DCA).

Do you know how much you've been charged in unlawful penalties on this a/c.

Do you have all the state's for the 6 six years.

How does the a/c balance compare with what you've been chgd in penalties.

Your answers will help decide if S.A.R - (Subject Access Request) is also required. BTW, don't worry as some say SAR and CCA should be kept seperate anyway.

[DK32UK]

Hello Slick

I've managed to gather all the info on this now. The CCA request went to one of the DCAs only (there seems to be two operating on this debt). The non-compliance letter went to one of the DCAs (same one as for CCA request) and I CC'd BC.

I opened this account sometime in 2004 and made my final payment in August 2006. I have a bulk of the statments, but not all covering the three years.

There are 4 late payment charges and these came about when I started making payments via CCCS in 2006. However, these charges aren't any comparison to the balance of £4974 I now owe.

BC were the only creditor not to accept my £1 token payments when I started in 2006. In fact, they ignored any of my correspondence all the way. I cancelled the direct debit in 2006 when I started experiencing difficulties and requested they stop the interest and yet they still took money from my account and added interest. My last BC statement shows an outstanding balance of £4247 and I'm assuming interest or penalty charges have brought it up to its current balance of £4974.

Their most recent correspondence is from the DCA I have not CCA'd/non-compliance stating they're sending someone round in the next few days and a separate letter which is a litigation warning from their solicitors. DEEP JOY

Do you think I need to send an S.A.R at this stage?

LOTS of thanks

DK x

[slick132]

Hi DK,

The CCA request and £1 fee went to the DCA. (The follow-up ltr sent was the wrong one which was my fault :o )

Until they respond with the proper Agreement showing the prescribed terms, the a/c is in dispute and they should take no further action. That's the theory anyway.

I'll come back with the CCA follow-up (non-compliance) ltr when I find it.

[DK32UK]

OK, thanks Slick, but I thought that I had sent the CCA follow-up (non-compliance)? Does this mean there are more than one? I heard directly from BC today saying they sent the CCA on 14 April which I haven't received. They are saying they didn't receive my previous letters requesting the CCA. I sent the request to the DCA initially so I guess they haven't confered with BC on it. I'm wondering as I didn't request it from BC directly in the first instance has my request been pointless and now null and void?

Thanks

DK

[slick132]

Hi DK,

The follow-up ltr you sent was the wrong one (this was my fault as I said earlier - I gave you the follow-up ltr for an S.A.R - (Subject Access Request)).

I would write to BC now saying "the CCA request was sent to whichever DCA on xxdate with the fee. As you've rec'd no Agreement in response from BC or DCA, could they now send their reply to you. Until they do, they are in default and you acknowledge no debt to BC."

Send them a copy of the original CCA letter.

I'll dig out the proper follow-up letter for No Reply to CCA request if you need it later.

[slick132]

The CCA follow-up letter is now posted on your other thread.