barclaycardcca v Muffintop

[slick132]

Hi Muffintop,

You could use the letter from the post linked here - Barclaycard No CCA

There are other letters on that thread which may be useful in due course.

[Desperate Daniella]

Hi Muffintop and Sunflower,

(Sunflower, you and I seem to have some credit cards in common - obviously the ones who target gorgeous women!!!!!!!. I'm sure you are gorgeous too, Muffintop.)

Seriously, I wrote to Barclaycard for my CCA in early November, and just before Christmas got a copy of the current BC T&Cs and that is all. Should have gone to work today where the printer and photocopier are, but have stinking cold so couldn't make it. On Wednesday will be writing back to them saying they obviously misread my letter!!! Also sent same letter to Barclaycard (MS) who sent T&Cs, and one to Barclaycard (Goldfish) who haven't sent any reply at all. I know Goldfish got the CCA because I put them both on the same letter as GF took over MS and had the same address. If BC know they were asked for the MS CCA, they know they were also asked for GF. Clearly they are ignoring the GF, and I'm following another thread there.

Unless the BC CCAs are relatively recent I would be very surprised if they can produce them.

Threads on Morgan Stanley have said either that they didn't keep the applications (?????agreements?????), or Bcard didn't get them, or yesterday that at least one was being written off.

Hang in there ladies. If we can lose at least some of them how good would that be?

DD

[slick132]

Hi Daniella,

Glad to see the BC forum filling up with gorgeous women.

If you need an appropriate letter, see the thread which I linked in post #21 above - there are several to choose from.

[Desperate Daniella]

Cheers Slick,

I was just closing down the computer when I got the 'ping' to say a new email had arrived and of course it was the link to your message. Thank you for the late night giggle How lovely to have a late-night laugh.

Thank you also for the letters. I had a look earlier and will be adapting to my situation.

This gorgeous woman is now going to bed as she needs lots of beauty sleep.

Night night and sweet dreams,

Daniella

[fedup74]

They are frantically searching all of the cupboards under the stairs and the bins Seriously, just wait until they reply to your request. You have proof of delivery so you just have to see if they come up with anything. If they start hassling you for payment tell them you will not enter into any correspondence until they give you your agreement. Just chill out

[beachcomber60]

Hi all (hello Slick),

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

Good luck to all, will follow this closely.

Beachy (Jim)

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[sunflower99]

Originally Posted by beachcomber60

Hi all (hello Slick),

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

Good luck to all, will follow this closely.

Beachy (Jim)

Hi Beachy
i was thinking about going down the nice road with Barclays! offer ing them some reduced payments and trying to avoid going down the account in dispute road with them but going by your experiencei t sounds like it going to be a waste of time!i cant possibly keep up minimum repayments of over £140 a month with most of that amount dissapering down a big black hole of interest rates and late default charges It like throwing a wad of money down the can ev ery nonth!.So looks like i will be in locked battle with a third bank!and more harressing calls at home and work!As going by some experience of their behaviour they rival even Debitarse and MBNA in telephone harrasement!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[sunflower99]

Originally Posted by Desperate Daniella

Hi Muffintop and Sunflower,

(Sunflower, you and I seem to have some credit cards in common - obviously the ones who target gorgeous women!!!!!!!. I'm sure you are gorgeous too, Muffintop.)

Seriously, I wrote to Barclaycard for my CCA in early November, and just before Christmas got a copy of the current BC T&Cs and that is all. Should have gone to work today where the printer and photocopier are, but have stinking cold so couldn't make it. On Wednesday will be writing back to them saying they obviously misread my letter!!! Also sent same letter to Barclaycard (MS) who sent T&Cs, and one to Barclaycard (Goldfish) who haven't sent any reply at all. I know Goldfish got the CCA because I put them both on the same letter as GF took over MS and had the same address. If BC know they were asked for the MS CCA, they know they were also asked for GF. Clearly they are ignoring the GF, and I'm following another thread there.

Unless the BC CCAs are relatively recent I would be very surprised if they can produce them.

Threads on Morgan Stanley have said either that they didn't keep the applications (?????agreements?????), or Bcard didn't get them, or yesterday that at least one was being written off.

Hang in there ladies. If we can lose at least some of them how good would that be?

DD

Hi Despearte Daniella!
Nice to see you on this thread and snap we do share some of the same awful banks!Thanks for giving me hope about Barclaycard!So they dont have a good record with providing CCAs!Thats great to know! Perhaps thats why they get so agressive so quickly as i am only officially in arrerars some times of the month and only on average about a month behind a lot of the time and as soon as i am a few days late they bombard me with loads of calls ,i heard some theory some where that the more aggresive a bank gets the more likely it is they have not got a valid CCA!Thanks again for all your help and friendship on my other thread!

[Muffintop]

Originally Posted by beachcomber60

Hi all (hello Slick),

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

Good luck to all, will follow this closely.

Beachy (Jim)

Hya guys whew its been busy in the last 24 hours glad you have all of you on board with me... I have still had nothing back from bcard, quite unnerving actually, all they do is send my statements missed two payments now of 189 quid each.. not paying them Beachy while the account is in dispute and have advised them of such. Also checked that they recieved my letters via royal mail rdel.Guess I could do a Subject Access Request request but not sure what that will achieve at the moment as they havent sent me anything. My telephone harassment letter seemed to do the trick they havent text me or rang since before xmas, its so awful when they just keep ringing isnt it, I kept permanent answer machine on, I did keep texts for evidence if they kept it up. Guess a non compliance letter is next.
Thanks for your support guys, oh yes you bet your ..... im a gorgeous woman.. lol. but a very tired one as on here nearly every night trying to make sure iv got as much information as I need for the next step.
Muffintop

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[beachcomber60]

Don't be put off by Barclaycard, I think they are being hard on me because before I came across CAG I caved in to their (& Mercers) constant phone calls and paid what they demanded - because they really scared me, I've never been in this position before.

I really got my knuckles wrapped by NDL because I gave in and paid to bring the account up to date, even though I couldn't afford it.

Then I discovered CAG,

Barclaycard - No CCA - I ain't bovvered!

Beachy.

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

[Muffintop]

Hy Beachcomer

What is NDL?? I too am really really scared as iv never had on record bad credit rating with agencies and this takes choices of independance away for a woman I think, ie if I wanted to buy a car, rent a house, buy another house I dont know just takes away your choices. But there is no other way to do this than to challenge them and take the chance and see what comes back if at all, we do all support each other on here and that gives me courage, I would never have won my bank charges back way then without cag.
Does anyone know if I should be doing anything now as they not complied or replied...

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[beachcomber60]

Hi Muffintop,

Sorry - NDL = National Debt Line, they have been very helpful to us in drawing up a budget plan following our financial crisis.

Up until mid '08 credit rating was squeeky clean until thro' no fault of ours we hit the buffers.

Even creditors who accept pro rata payments will still default you as they say it's their policy, they hand them out like free samples in a supermarket.

Hang in there - power to the people!

Beachy

[Desperate Daniella]

Hi there Gorgeous Women and Men!!!

It's clear there are so many of us who have tried always to keep up and pay the monthly payments but actually all the payments are doing is paying off interest, and more interest, and more interest ....... and any late payments cost more money ..... and more interest to add to the debt. The credit card companies are probably now wondering why they are being challenged by so many people!!!!

Like you Beachy before I found this site I caved in and made a bcard payment to Calders (aka bcard, Mercers) even though I couldn't afford it. I had been in touch with CCCS (credit counselling service) who told me not to pay anything but these people are such bullies.

I wish CCCS and NDL would actually tell us to challenge these debts and ask for CCAs. CCCS didn't advise me to do that. Perhaps they think they also would be taking on the card companies and therefore could not work with them to arrive at agreements for most people (who don't know about CAG) but I still wish they had told me to try it. I found the site after seeing the Panorama programme and doing an internet search about unenforceable credit agreements - so glad and grateful to have found it.

I think (hope) it's becoming more apparent that bcard (and GFish, and MS, and others) don't have a lot of agreements. Let's stick together .... (I think that was the Bryan Ferry (Roxy Music) number??)

DD

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[angel_1]

hiya Muffintop

got referred here from another of your threads cant recall anyway can i sub pls

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

got my statements though, so going to look at the charges and also req my cca too

fab and helpful posts here and ive learnt a lot again

and hello and wish you all here who have posted a happy and lucky 2009

laters angel x

[Muffintop]

Originally Posted by slick132

Hi Muffintop,

You could use the letter from the post linked here - Barclaycard No CCA

There are other letters on that thread which may be useful in due course.

thanks Slick superb letter is this what they call a default notice to creditor?

[Muffintop]

Originally Posted by angel_1

hiya Muffintop

got referred here from another of your threads cant recall anyway can i sub pls

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

got my statements though, so going to look at the charges and also req my cca too

fab and helpful posts here and ive learnt a lot again

and hello and wish you all here who have posted a happy and lucky 2009

laters angel x

Fab to have you on here with me Angel. x

[Muffintop]

Beachercomber,
I understand your situation more now.. I was looking at an iva or dmp myself in May with 50k debt credit cards but none of them had ever been missed, couldnt go down this route due to being scared they would put a charge on my house joint owned with husband who was not happy with me over debt, made major life changes which have left me with big guilt and remortgaged for 20k so now owe 30k, need to pay it off so my life changes can be reverted back to normal, now if you use the money I agree you should pay it back but I also think that there are technacalties in life thats what law and civil law is about and the banks are snakes in my opinion so if they dont have my cca then I am happy to dispute the debt and sleep easy at night. I went to debt site as mentioned on my mbna thread they were great, they made me face up to the mess I was actually in they helped me start to cut down on spending and look and my in and out but no one mentioned the cca issue, like you this is how I came back to cag and found out all the information that was a closed door anywhere else. Had different responses from friends and even some people on cag (very few) who think this stance is a little immorale, but no one is whiter than white when it comes to getting of on a technicality, be it a parking ticket or being given too much change back in a shop, we are but human.

	Fight a Motoring Ticket kit Follow this link to read the review of the "Fight a motoring ticket" kit by Lawpack. Everything you need to challenge your motoring ticket. Most motoring tickets go unchallenged. Most which are challenged are challenged successfully.

[Muffintop]

One question sorry to dominate thread tonight. Iv just dug out one of my two barclaycards to see when they were opened ie pre 2007.. I have a 2nd barclaycard which was opened in feb 2008... what I dont understand is on the back of the page that the card is attached to (in all the credit cards I have) is the Barclay card terms and conditions and it states that its the credit card agreement governed by the consumer credit act 1974

What I dont get is why are cards still issueing under the consumer credit act 1974 when I thought after 2007 April it was governed by cca 2006, or is it just that some amendments were made to the cca 1974 in 2006???

[slick132]

Originally Posted by Muffintop

thanks Slick superb letter is this what they call a default notice to creditor?

If it is, that's a new one on me. But you may be right - hopefully someone else will confirm.

[sunflower99]

Originally Posted by angel_1

hiya Muffintop

got referred here from another of your threads cant recall anyway can i sub pls

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

got my statements though, so going to look at the charges and also req my cca too

fab and helpful posts here and ive learnt a lot again

and hello and wish you all here who have posted a happy and lucky 2009

laters angel x

Hi Angel
i hope your new year ok too,and we can carry on giving these DCAS some grief in the new year!! Hope you had a nice christmas too.i Thanks for all your friendship and help! Sunflower99xx