Spamalot V Barclaycard/MSDW/Goldfish.

[Spamalot]

Originally Posted by the_shadow

If its not signed you are correct in that its not properly executed and therefore enforceable only by a court. However if this is the only thing wrong with it then the court would in my opinion enforce the agreement.

S.

Thanks S.

Just updating with my new thread as I have received a semi result of my Subject Access Request with regards to the Goldfish Card and I thought it best to start a new thread as it could get confusing where the accounts have 'morphed' amongst HFC/GOLDFISH/MSDW/BARCLAYCARD...

Spamalot V Barclaycard/Goldfish/HFC


Spam.

[Spamalot]

Hi Folks,

Barclaycard have surpassed themselves today with a reply to my Subject Access Request on this account.

Today I received a letter stating...

Further to a recent letter received fom you,requesting certain information.

Please find enclosed copies of the information which we hold.
Any other details requested which are available will be sent to you from the appropriate areas.

Kind Regards,

In the envelope was..... wait for it..... Drum roll..... NOTHING!

It was just the letter and b**ger all else.

They are just so non specific you can't even tell what was supposed to be in there... It's worse than a spy novel... perhaps it's in code.

There was another envelope though, and that had the same letter as the above plus a copy of the covering letter they sent with my 'Credit agreement'.

Does anybody else think the Staff at Barclaycard have their heads up their backsides or is it just me who has that impression of them.

Onwards and upwards... I hate Barclaycard,

Spam.

[the_shadow]

Originally Posted by Spamalot

In the envelope was..... wait for it..... Drum roll..... NOTHING!

It was just the letter and b**ger all else.


Spam.

Hi Spam... yep have had the same... also a letter saying agreement to follow.... 8 weeks later.. nothing

Dont think the company knows what they are doing to be honest.

S.

[Spamalot]

Originally Posted by the_shadow

Hi Spam... yep have had the same... also a letter saying agreement to follow.... 8 weeks later.. nothing

Dont think the company knows what they are doing to be honest.

S.

It certainly makes you wonder if it's incompetence or whether this is a ploy to confuse and frustrate the majority of customers to see if they can baffle us into submission.
It wouldn't surprise me if they all sat in an office at a round table with their letters and envelopes saying 'ok, you pass your letter to the right and the envelope to the left and then 'stuff' what you've got in front of you' just like a giant party game.


Spam.

[the_shadow]

Originally Posted by Spamalot

It certainly makes you wonder if it's incompetence or whether this is a ploy to confuse and frustrate the majority of customers to see if they can baffle us into submission.
It wouldn't surprise me if they all sat in an office at a round table with their letters and envelopes saying 'ok, you pass your letter to the right and the envelope to the left and then 'stuff' what you've got in front of you' just like a giant party game.


Spam.

haha cue someone turning the lights off and pressing play on a tape machine

S.

[Hopster]

All very interesting. I, via a solicitor, am issuing proceedings against them for witholdind information as they haven't sent documentation as requested re. Liverpool Victoria to Goldfish and then to Barclaycard who have just sent me a new card !! -can't go into too much detail as they hunt around on these consumer sites to see what they can pick up.

[Spamalot]

Originally Posted by Hopster

All very interesting. I, via a solicitor, am issuing proceedings against them for witholdind information as they haven't sent documentation as requested re. Liverpool Victoria to Goldfish and then to Barclaycard who have just sent me a new card !! -can't go into too much detail as they hunt around on these consumer sites to see what they can pick up.

Do you have a thread on this Hopster? It definitely sounds as if what you are doing could be very useful. If not just keep us posted so to speak..

Spam.

[Beck1968]

Originally Posted by Hopster

All very interesting. I, via a solicitor, am issuing proceedings against them for witholdind information as they haven't sent documentation as requested re. Liverpool Victoria to Goldfish and then to Barclaycard who have just sent me a new card !! -can't go into too much detail as they hunt around on these consumer sites to see what they can pick up.

Well by my avatar they certainly will know who i am

Read and Learn BC

[Spamalot]

They are being silly again.

I received my monthly statement for this account today... As they had sent me a copy of the CA I decided not to continue my 'dispute' on this account for the time being and paid them their agreed monthly payment. It was a tad late so it missed last months statement so I have 2 payments shown on this months.

As they have stopped charging interest (despite writing to me and saying they will ) I gave them a dash extra this month to bring the balance down a bit more. Lo and behold on the 3rd sheet of the statement It shows only the one payment and I am told I am in arrears and they have sent me a shiney 'arrears information sheet' ( If I get many more of these I'll be able to paper my downstairs loo!)

Page 2 shows 2 payments of more than agreed amount ..... page 3 shows 1 payment.... Nope still can't work out the logic in that one...

I hate Barclaycard,

Spam.

Just letting of steam..

[Spamalot]

Ok Here we go,

Barclaycard seem to be dusting off a few accounts and getting hissy with them.. both of mine included..

They have now decided that despite my regular payments and the fact that I 'cut up my cards' and shredded the cheques when this account was held by MSDW they don't want to play nice anymore and are demanding full minimum payment and will be charging full interest again...

I have this argument with Lloyds at the moment whereby I don't understand how they can withdraw the facility of a running credit agreement and yet still expect the consumer to pay interest and charges on the account... where in the T&C's does it say that they can do that??

My instinct is to put the account in dispute...

Any advice please..

Thanks.

Spam.

[slick132]

Hi Spammy,

I've re-read your thread and see this a/c has an enforceable agreement.

Are there any unlawful penalties on the a/c which you can reclaim. Consider claiming interest at their contractual rate as well - you could put a significant hole in what you owe.

The penalties issue is the only way you can put the a/c back into dispute.

If you want to get them to stop adding interest and charges to this, or any other a/c, you may get a better result if BC are approached by a 3rd party on your behalf. Maybe CCCS, National Debt Helpline, etc - Debt: Where to Get Help - Consumer Wiki

[Spamalot]

Thanks Slick..

This account was with a DMC but I gave them the boot because they led me slap bang into a CCJ... which I have recently had set aside.

I appreciate what you are saying about the account being 'enforceable' which is why I continued to pay, but I see nothing on the T&C's which are supposedly linked to the application form that says they can withdraw the credit facility and sill expect minimum payment and add interest and charges.

That is what I would be disputing....

It was just a thought because, on clause 7 it says they may on occasion allow reduced payment according to condition 6.8 but I don't have a copy of condition 6.8..

Thanks again,

Spam.

[the_shadow]

Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

S.

[slick132]

Fair enough Spammy,

I was just going from what was said, by Steven4064 (via me) on page 2, about the agreement.

If The Shadow thinks there's still reason to question the agreement, try it by all means. I have no doubt the CC Co's are willing to try anything, including knocking up replica documents using "cut and paste".

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

[Spamalot]

Hi Slick..

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

Sorry I missed that bit before, unfortunately, up until the time I fell into difficulty I believe I always managed to pay the minimum payment on time, so as far as I'm aware no charges, but I will double check my SARs ...I definitely never had PPI though.

Spam.

[Spamalot]

Originally Posted by the_shadow

Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

S.

Hi Shadow,

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

Any advice appreciated,

Thanks,

Spam.

[the_shadow]

Originally Posted by Spamalot

Hi Shadow,

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

sorry had a couple of days away so not able to reply until now.

Yep its not the best, you could ask them for a clearer copy if you feel its illegible, especially anything terms and conditions related.

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

These dont have to be in the signature document, they can be an ancillary document that is given to you after... only the Prescribed terms are essential to an agreement that you sign.

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

Is there not a stamped date or anything similar on the doc, if they havent signed it then the documnet is not properly executed and is unenforceable until they take you to court to get it enforced... this they can only do if it has the prescribed terms on the document. [Judge Lottery permitting]


S.