barclaycardcca v Muffintop

[Muffintop]

Hya barclaycardarians.

I have a thread Muffintop v ccas which has got too big for each individual credit card cca and I am now going to need individual advise on each card... in this case my barclaycard which I have requested a cca and its not arrived and now they have had their 2nd letter stating I recognise no debt, the calls have started and I will post the harassment letter when they get too much. could do with some people to hold my hand along the way and will post up when the next letter arrives. scared stiff. skeggsy

[fedup74]

Don't worry skeggs you will be fine. You have a lot of support on here.

[Muffintop]

thanks fed up, I have received a text today from barclaycard telling me my account is now late and in default by one payment and asking me to contact them, i havent, and am not intending to, however one thing im uneasy about is should I check the recorded delivery receipts to make sure the letters I have sent have been signed for, then at least I can prove iv sent them...

[fedup74]

I would- go on RM website and you can track and trace your letter and when it was delivered. As long as it has been delivered you don't need to worry. Good luck

[slick132]

Hi Skeggs,

When did you send BC the CCA request.

Do you know how much they've taken from the a/c in penalty charges over the last 6 years. It's relatively easy getting them to refund these in full at the mo.

The CCA route is long and slow as they seem unwilling to accept that they don't have a valid credit agreement (if that's the case). So they continue to demand pay't, harass by phone and add interest and charges, even though they shouldn't because they have failed to comply with the CCA request.

	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.

[Muffintop]

Hya Slick

thankyou for taking time to read my new thread... the card in question is a credit card and not a bank account.
I have requested the cca to see if the debt can be enforced, this was sent in November via recorded delivery, and I have only missed one payment so far, so one late payment fee and one month default.

I have never missed any other payments and never had any other late charges or defaults. Min payment is quite high 189.00 now I owe them double, but dont want to bottle it and pay them when they havent even acknowledged my cca request. How good are bc at keeping cca's? or am I just setting myself up for a whole lot of wasted time and trouble?

I havent actually found anyone on threads who hasnt received their cca and the debts been written off and credit rating reinstored with a notice of correction which concerns me somewhat.
skeggsy

[slick132]

Hi Skeggs,

No point in guessing if they'll have your Credit Agreement or not - you'll find out eventually.

It does seem to drag on trying to get BC (and others) to accept they don't have a valid credit agreement. They just try and wear you down and make everything hard work.

But people are having success in various ways as you'll see from others' threads. Take a peek here as well - http://www.consumeractiongroup.co.uk...efault-issues/

[slick132]

Hi Skeggs,

Re your PM, I was referring to BC repaying chgs quickly - as you rightly say, bank chgs claims are Stayed at the mo.

[Muffintop]

Hya guys,

BC now ringing me some 4 or 5 times a day and also texting me and now writing. I have today composed the relevent letters reinforcing that I have not had cca or response at all and to stop harassing me.

Dear Sir

Re: ACCOUNT NUMBER BARCLAYCARD account xxxx

I enclose copy letter which was sent to you recorded delivery on 6th Dec 2008 and delivered and signed for by your company via Royal Mail on 8th December 2008.

As my letter states you have failed to comply fully with my request for my original true copy of my consumer credit agreement along with any other documentation the act requires you to provide.

My request was accompanied by the statutory fee of 1.00 postal order.

I advised you that I will not be continuing payments to this alleged debt as you have failed to provide me with an agreement and I will now report this matter to Trading Standards Dept.

You have sent me a summary of account for December 2008 with a late payment charge for 12.00 for my previous statement. This is unenforceable as you failed to supply my CCA in reply to my request within the 12 day period or at all in fact.

I reiterate I do not acknowledge any debt to Barclaycard, and do not intend to pay any further amounts until you have complied with my request. May I again draw your attention to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Furthermore I am writing regarding the quantity and frequency of telephone calls that I have received from you company and text messages, letters, which I find personally harassing, causing me distress and intimidation.

I have verbally requested these phone calls to stop but am still receiving them as of today’s date Sunday 21st December I have received 3.

I am of the view that your continued course of conduct is harassment via telephone calls, and breach of telecommunications act a criminal offence. This also puts you in breach of Section 40 of the Administration of Justice Act 1970 as well as the Protection from Harassment Act 1997.

If you continue to harass me by telephone and text messages you will also be in breach of the Wireless Telegraphy Act (1949) and I will not only report you to Trading Standards and the Office of Fair Trading for which you will be liable for a substantial fine but also to the Police.

Be advised that any further calls from your company will be recorded and used as evidence, any text messages have been kept for the same.

Yours sincerely,



Skeggsy.


I have checked out on rm site and the letters are shown as being delivered.. do I need to get a copy of a signature??
Also going to post this int he morning which method best? recorded del or spec delivery?

[slick132]

Hi Skeggsy,

Print a copy of the RM delivery confirmation - this will suffice.

Suggest you send by Rec'd Del'y OR get a free Cert'te of Posting at your PO when you send the letter.

[Muffintop]

thankyou slick you have saved me lots of calls to rm tomorrow. skeggsy

[slick132]

Probably a good thing - I think they may be a bit busy this week.

Don't know if you used your proper name at the foot of the letter you posted above, but I changed it just in case.

[Muffintop]

noticed that thanx very much

[sunflower99]

Hi Skeggs!
I will be looking at this thread with great interest as like you as well as being in the MBNA fan club! i am also a barclaycarder and want to bump your thread up !I havent done anything yet to dispute my Barclaycard credit card debt or negotiate with Barclaycard and have not asked for a cca or Subject Access Request yet but i realise already what a horrible bank they are when i am a little overdue with minimum repayments they start getting a robot to phone my home ! LOL and i have even had phonecalls at my work place saying they are Barclaycard to my superviser which is a disgusting disregard for OFT guidlines for unfair debt practices! so i am with you on this one and hope you can make mincemeat of them when they send you any alleged CCA and keeping my fingers crossed for you!I even got a sneaky DCA ring up from them who started calling me by my christian name tricking me into thinking she was someone i knew personally!However they did not gain anything though as soon as i found out they were barclaycard i put the phone down on them! To calll me by my christian name! was i thought quite a cheek!so good luck with the beggers and thanks again for introucing me to your MBNA thread! It has helped me to find a couple of more flaws in my MBNA application form they are trying to fob of on me as a cca!

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	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.

[Muffintop]

Thankyou sunflower for your supportive message really glad to have you on board both my threads hopefully, skeggsy v mbna, in a right pickle with this one as im sure they have sent me a load of scanned docs, if we all stick together with the real specialists on this site we can flush their tricks out. Barclaycard havent rung me since my letter, so if you have tackled mbna your credit rating will be shot so you may as well gun for barclay card as well, im finding that Im requesting a Subject Access Request from all 4 cards that im attacking so that I havethe full picture of what they have or havent on me. let me know when you create your thread with bc and i will subscribe. By the way they have stopped ringing me since I sent my letter.

	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.

[sunflower99]

Originally Posted by skeggs885

Thankyou sunflower for your supportive message really glad to have you on board both my threads hopefully, skeggsy v mbna, in a right pickle with this one as im sure they have sent me a load of scanned docs, if we all stick together with the real specialists on this site we can flush their tricks out. Barclaycard havent rung me since my letter, so if you have tackled mbna your credit rating will be shot so you may as well gun for barclay card as well, im finding that Im requesting a Subject Access Request from all 4 cards that im attacking so that I havethe full picture of what they have or havent on me. let me know when you create your thread with bc and i will subscribe. By the way they have stopped ringing me since I sent my letter.

Hi Skeggs!
i am considering doing a CCA request on my Barclays credit card account bank as they are behaving so badly though i supppose i ought to try and see if they are willing to help me first and see if accept reduced payments and freeze interest but going by my other experiences with my other credit cards dont think it likely!and i get the impression on this forum that most pople dont get much sympathy or help from Barclaycard so probably wasting my time so will probably CCA them as i am paying them over £140 a month minimum repayments and its hardly clearing my debt and i am increasingly finding it a struggle to keep on paying them this much! But going by their behaviour even when im a few weeks behind in minimum repayments i think im going to be in for a tough time with loads of phone calls at home and work!but i suppose if i can cope with MBNA i can cope with them!I think i took my Barclay card out in 2002 so was wondering what my chances were of them comeing up with an enforceable agreement from that year?i am glad they stopped phonning you and hope the same thing happens to me and that i am one of the lucky ones they cant produce a enforceable agreement for|i am keeping my fingers crosssed for you that they dont find one!

	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.

	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.

[Muffintop]

Hya Sunflower,
Your situation is very different from mine by the sound of it. I have a job which is secure and am unlikely unless I do anything criminal to get the sack or be made redundant. My husband is working also, I could not go down the iva or dmp route as my job wouldnt allow this really and I did not want 6 years bad credit rating due to having a big mortgage.. I paid 20k of my debt back from a remortgage and started to pay the rest off by working full time and making changes to lifestyle (if debt has been run up then changes to ones behaviour does have to change or it will just happen again) Ironically I will now shoot my credit rating by not paying the cards including bc who dont send me a valid cca but this means that any default notices that are placed on my file should effectively be able to be removed with a notice of correction or something else as they are not allowd to place them on my file while the account is in dispute. Now, if I were to ask for payments to be reduced interest frozen like you suggest with bc then I and you would be likely to have notices placed on ones credit file which they would be allowed to place and you wouldnt be able to get them removed which would result in bad credit rating for the 6 years which would affect any future loans, credit card, phones, mortgages that you wanted to get, now that may not be a problem with you so in your case it may be worth trying to get them to freeze interest but in my case this is not something I can do so I am only going for the cca and if they have a legit one then bad luck I will pay them off gradually. If you have gone for cca from mbna why not go for it with barclay card as if you ask them to freeze interest and say you cannot pay then wouldnt it look like you were in trouble with them anyway and they will then place it on your credit file, whereas if they cant produce a valid cca then you legally dont have to pay them until they can. This is just my opinion so please decide how you feel about your options with advice from others. x

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

	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.

	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.

	Credit Report Click link to open in new window.

[sunflower99]

Hi Muffintop! Tried to answer your pm but your mail box was full!

[Muffintop]

sunflower just cleared some so u should be able to pm me now

[Muffintop]

Hy guys, Iv not paid two months now with BARCLAYCARD they have stopped ringing me but they still havent complied or even acknowledged my cca request from november, what now.. what does this mean