PPI Claim & interest - Barclaycard

[samcam]

Hi everyone,

 

Have been reading through these forums, but I'm still unclear as to what I can and can't claim back.

 

In September I requested a copy of my CCA from Barclaycard. They failed to produce it and the account went into despute on 13/10/08. They have since sold the debt to RMA (which they are not allowed to do).

 

I want to claim back the PPI, which without a CCA should in theory be easy, but what interest do I claim? I've read I should be claiming 8%, but is that just a straight 8%, or 8% for each year they had my money? i.e. if in 2003 I paid £100 PPI do I claim 8% on that £100 for 2003, then in 2004 claim £116.64, etc, etc right up to 2008?

 

Also, without a signed copy of my CCA, can I claim back any of the interest they have been charging me over the years? Surely if the debt is unenforcable they should not have legally been able to add interest? Without a signed agreement, how can they know what rate to charge me?

 

Hope someone can clarify these points for me.

 

Cheers,

SamCam

[hellhasnofury]

Hi everyone,

 

Have been reading through these forums, but I'm still unclear as to what I can and can't claim back.

 

In September I requested a copy of my CCA from Barclaycard. They failed to produce it and the account went into despute on 13/10/08. They have since sold the debt to RMA (which they are not allowed to do).

 

I want to claim back the PPI, which without a CCA should in theory be easy, but what interest do I claim? I've read I should be claiming 8%, but is that just a straight 8%, or 8% for each year they had my money? i.e. if in 2003 I paid £100 PPI do I claim 8% on that £100 for 2003, then in 2004 claim £116.64, etc, etc right up to 2008?

 

Also, without a signed copy of my CCA, can I claim back any of the interest they have been charging me over the years? Surely if the debt is unenforcable they should not have legally been able to add interest? Without a signed agreement, how can they know what rate to charge me?

 

Hope someone can clarify these points for me.

 

Cheers,

SamCam

 

Hello Samcam,

 

Welcome to the ppi forum:D

 

Firstly can I ask what was the ppi applied to a loan or a credit card, because this is important as to how to calculate the interest:D

 

Secondly, your first rate of interest would be the contractual rate they charged you. The statutory 8%interest is the least that you would take (they courts and the fos would allow it:D)

 

Thirdly, I do agree that if they do not hold a valid credit agreement that you could legally ask back all of the interest that they have charged you. but I have yet to see a result regarding that aspect of claim:confused:

 

Now you mention that they have sold the alleged debt (always quote alleged debt in further correspondence) after failing to produce a valid copy of your ca. very very naughty:-x

 

Can you tell me if the assignment was equitable or absolute. It is important to know which one as to where you stand with this shower.

 

Did you sent the dca a request for your ca and are you paying any money to them

 

Can you give us a bit more info, so we may assist you

[samcam]

Hi hellhasnofury,

 

It's for a Credit Card (Barclaycard) (haven't got around to the loan yet ) and they charge me something like 24.9% at the moment. No I'm not paying them anything as the account is in dispute and I can't afford it anyway. Background to the account here:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162487-hello-newbie-need-lots.html#post1742675

 

I haven't had anything from Barclaycard or Mercers to say the debt has been sold (Mercers had it last!). But now I have a letter from RMA saying they are now acting as agents for Barclaycard and that payment in full should be sent immediately - made payable to Risk Management Alternatives International Limited.

 

Quote "Can you tell me if the assignment was equitable or absolute."

Sorry, I don't know what that means!

 

I sent Barclaycard a request for my CA twice (both replied to with a photocopy of their standard T&C's - with no cover letters!).

I've only just been contacted by RMA, so, no I haven't requested anything from them yet. But I will be posting a request on Monday

 

Cheers

[johnnymitch]

Hi samcam ,

 

If this account is in dispute, then Barclaycard have no right to sell it on to anyone ........

 

You could send them a letter , something like this (suitably amended) :

 

Re: Account in Dispute

There is an account in dispute letter.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, print your name, don't sign.

OR

http://www.consumeractiongroup.co.uk/forum/legal-issues/110742-bls-no-cca-but.html#post1084460

[hellhasnofury]

Hi hellhasnofury,

 

It's for a Credit Card (Barclaycard) (haven't got around to the loan yet ) and they charge me something like 24.9% at the moment. No I'm not paying them anything as the account is in dispute and I can't afford it anyway. Background to the account here:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162487-hello-newbie-need-lots.html#post1742675

 

I haven't had anything from Barclaycard or Mercers to say the debt has been sold (Mercers had it last!). But now I have a letter from RMA saying they are now acting as agents for Barclaycard and that payment in full should be sent immediately - made payable to Risk Management Alternatives International Limited.

 

Quote "Can you tell me if the assignment was equitable or absolute."

Sorry, I don't know what that means!

 

I sent Barclaycard a request for my CA twice (both replied to with a photocopy of their standard T&C's - with no cover letters!).

I've only just been contacted by RMA, so, no I haven't requested anything from them yet. But I will be posting a request on Monday

 

Cheers

 

Hello Samcam,

 

I see you are receiving great help and support from slick and rory on your other thread:D and now from jM on this thread:D

 

DCA work in 3 different ways. This is a simple explanation

 

1. they are instructed and act on behalf of barclays

 

2, Equitable -They buy the debt, but not the legal rights to issue at court without the original lender. So it like they part own it.

 

3. Absolute - They buy the debt with all the rights and responsibilities of the orignal lender, so they own everything and can take you to court in their own right.

 

Normally the first time they introduce themselves to you they tell you.

 

If they have written we are intructed by bb. They do not own the debt and if you give them enough rope they will hang themselves and retreat.

 

If they keep at you, you will have a good case of harassment:D So make sure you keep all of their threatograms and log all telephone calls they make:D

 

I have had a company who conduct themselves disgracefully. they refuse to resolve serious issues and have instucted dca's to pursue me for money. They have now gone through a total of 3 differing dca's and after I wrote to the dca who was after me. telling them the error of their ways, one by one they retreated and passed the account back to the original lender. They don't talk to me anymore either:rolleyes: I am ready and waiting when they do:-x

 

I just wrote them a simple letter

 

Dear Sir/Madam,

Your ref: xxxxxxxxx

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and xxxxxxxxx regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for harassment.

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

 

Did the trick for me:D

 

Now the other letter that you need to send is to the original lender, telling them the errors of their ways. Sometimes we are so wrapped up in the fight with the dca that we overlook who has the ultimate responsibility for these unecessary events. They have sent their hounds baying for your blood and they by law must call them off. They are pursueing you for an unproven and unenforable debt, regardless of the ppi and penalty charges.

 

They will back off, or they will have to face responsibility for their actions.

 

Also be mindful of their tactics, If they have a hundred debts and they write and threaten legal action, a very large % will be terrified, because they are totally ignorant of their legal rights, and pay them, and more than likely what they can't afford, causing distress and severe hardship and on occasions the worse case scenario's ever:( Do they care????? No not one Iota:-x

 

They do this because this is what they have always done, making enormous profits on the back of their customers for unjust enrichment.

 

Targeting accounts for irresponsible lending

increasing credit limits and overdrafts

extorionate interest rates

Penalty charges

Mis-selling ppi

 

These are just a few examples when they do not comply with legislation and continue with their relentless unlawful behaviour, they have got away with it in the past, but now there is a new breed of consumer, who does know their rights and will challange them:D

 

Get your letters sent off and keep us posted

 

Now regarding the ppi on a credit card, you claim the interest at their contractual rate from the date of every ppi payment that they took from you.

 

If you look on the main page of the forum under bank template letters, you will find the interest calculation spreadsheets.

 

I use the Advance excel spreadsheet, but it depends if you have the software on your computer.

 

You put in the date, the reasons, ppi then the amount and the spreadsheet will work out the interest from the date they took it to today.

 

Have a look and if you need assistance with it shout:D

[samcam]

johnnymitch, thanks but I've already sent that letter - no response. It's the next stage I need help with .... and here comes hellhasnofury on a white charger!

 

----------------

hellhasnofury, just what I needed to hear. I'll write to RMA telling them to back off, then to Barclaycard giving them both barrells.

 

I'll take a look at the interest calc. I use excel (well I HAVE excel, that's not quite the same thing as USE excel:)) and read the tutorials as well. My PPI payments were always different every month depending on the balance on the card. Just need to get my SARs sent as well.

 

---------------

 

Thanks again everyone and I'll keep you all upto date.

Cheers

[samcam]

Hi,

 

I just got some statements from Barclaycard, but still unclear how to use the excel calculation form. Is there a thread somewhere with some help?

 

Also, I sent off my SARs letter with fee to Barclaycard at the beginning of November and just received this back:-

 

 

http://www.campbellphotographic.co.uk/images/barclaycard0001.jpg

 

They sent me all statements for exactly six years back from the date of my letter.

 

Are they right in saying a) they don't have to provide anything on microfilm? and b) should I have got anything else from them (i.e. copy of any and all letters they have sent me over the years, signed CCA, T&C's, etc)?

 

My signed CCA is still outstanding, but they are now saying they don't have to give it to me. Today I received this letter also:-

 

http://www.campbellphotographic.co.uk/images/barclaycard0002.jpg

I don't know what they mean by "altered". If they mean something as simple as changing the interest rates, then surely we're all in for it!

 

Don't they still have to provide my signed CCA, or am I up the creek without a paddle?

 

REALLY worried now, so hope to get some replies.

 

Cheers,

Ross

[42man]

I would write back to them and ask them for written confirmation, that what they have sent in your Subject Access Request is all they hold on you and can they confirm they do not hold a copy of any signed credit agreement, any copies of default notices, notices of assignment. I should also ask them what they refer to when they say 'has been interpreted in the High Court'

[samcam]

I should also ask them what they refer to when they say 'has been interpreted in the High Court'

 

 

What do you mean? It says "The issue of what is an executed agreement has been interpreted in the High Court."

 

So I assume they are refering to what counts as an executed agreement (i.e. something they can enforce).

 

I was under the impression that if they don't supply the original agreement with my signature on it, then there's nothing they can do.

 

This letter seems to say the courts don't agree. But I just can't believe this. surely such a massive loop hole doesn't exist.

 

This letter seems to say sod off, we can send you a copy of anything we like, say you agreed to it, don't have to prove you agreed to it (i.e. with silly things like signatures, etc) and there's nothing you can do about it, now give us our money!

 

HELP!!

[samcam]

Hope everyone had a great XMAS.

 

I have typed up my letter asking for the outstanding info and was going to send it on Monday.

However, I was woken this morning by the postman with a special delivery package that I had to sign for.

 

Apart from several reams of computer printouts the package also contained copies of letters from Mercers and a signed copy of my original application form (no dates or card number, just my signature at the bottom, name of employer, etc).

 

Now does this count as anything? It's only the application form, not a credit agreement - and there are no T&Cs on it, etc.

 

Interestingly though, it does show the box for PPI clearly UNTICKED!! Will certainly be using that to claim back as much as I can.

 

Any thoughts?

Cheers

[noomill060]

Yes, go for it. That application is what BCard hope you will accept as an agreement.

 

Its the best Christmas present you will probably ever get as you can now prove that you never asked for it, that they have been basically stealing from you and charging you interest for the privilege.

 

And thats just the PPI!

[noomill060]

Are RMA still chasing you?

[samcam]

BUGGER!

 

Hi noomill060,

 

No, at the moment RMA are not chasing. But I assume they'll start again soon.

 

Some bad news though. I just realised I was looking at the "Card Protection" box, not the PPI box, on my application form.

 

There is a microscopic dirty smudge near the PPI box (none of the typing is actually in any of the boxes - their printer must have been out of alignment. and the photocopy is awful - not a sigle line of text is legible).

It COULD be an x when looked at through a microscope.

 

I certainly don't remember asking for PPI. What are the rules about mis-selling? Are they suppose to discuss what it's for, how much it costs, whether you have to have it? Are they suppose to tell you that you're entitled to look at third party companies?

 

Would be useful to know the rules on what is counted as "Mis-selling".

 

Thought I'd been given a great Xmas present - know I feel like I've been slapped in the face:(

[militantconsumer]

Subbing

[pinknico]

If the tick in the box is not added by you this means you were probanly not given any option to have the PPI. It has been known for companys just to add this.

 

For details on mis selling there is a sticky thread at the beginning of this PPI forum.

 

Yes the PPI should have been explained to you .

[samcam]

I don't even remember how, when or where I applied for the card! (sorry, bad memory and it was 10 years ago). I might have done it over the phone, which would explain why the info is all typed.

 

All I know is the application form has my signature on it. All my address details, employer, etc is all typed/printed.

[alanalana]

Hello samcam,

 

I don't even remember how, when or where I applied for the card! (sorry, bad memory and it was 10 years ago). I might have done it over the phone, which would explain why the info is all typed.

 

All I know is the application form has my signature on it. All my address details, employer, etc is all typed/printed.

 

Firstly the post you have dated 20 DEC about microfilm is a load of something (Nasty smell attached) to put you off the claim if they have records on microfische (Microfilm) then it is a legal record and you must be entitled to that record under the Subject Access Request within the Data Protection Act 1998. Forget their explanation of relevant filing system all the banks and credit card companies are trying to use this as a defence for mis-selling quoting the CCA 1974 but they are wrong as they have to give proof that the records are not part of a relevant filing system which they cannot do, of course they take a different view as they want to keep your money:eek:

 

They are trying to wrongly use the legal aspects of the Data Protection Act 1998 to put you off claiming. DO NOT ACCEPT THIS as they are only trying to prevent you from submitting a legal claim for mis-sold PPI.

 

aa

 

keep at them;)

Edited December 30, 2008 by alanalana
text added

[samcam]

...if they have records on microfische (Microfilm) then it is a legal record and you must be entitled to that record under the Subject Access Request within the Data Protection Act 1998.

 

 

Hi Alanalana,

 

Thanks for the post. I agree, if they hold data about me, then under the DPA I should be entitled to it.

But is the quote above a fact or an opinion? If it's a fact I will write to Barclaycard and demand the rest of my statements.

 

Cheers,

Samcam

[alanalana]

:DHello samcam,

 

Hi Alanalana,

 

Thanks for the post. I agree, if they hold data about me, then under the Data Protection Act I should be entitled to it.

But is the quote above a fact or an opinion? I have to be honest and say it is my opinion but If Microfische is not a relevant filing system used by a bank what is it? I would demand copies of it under your SAR remember you have a legal right to any data held on you as a data subject by anyone or any organisation that holds information about your and your finances. If it's a fact I will write to Barclaycard and demand the rest of my statements. I would write in any case to ask for it let them provide the proof that microfische is not a relevant filing system. Remember you are chasing them for your money so do not be put off when they try and make things difficult as they surely will.

 

Cheers,

Samcam

Your choice samcam but I would not let them take control you are reclaiming the right so let them do the work.

 

aa

 

Happy New Year and keep fighting:D

[samcam]

Have a look and if you need assistance with it shout:D

 

HELP!

 

Going through my statements and the advanced calc form for excel.

 

Where it says I assume I take the payment from the NEXT statement?

 

eg: PPI charged to account on 20/11/02 £35.35. Payment for that was made a week or so later and appears on the next statement as:-

 

29/11/02 Payment, Thank You £100

 

Is that right? Otherwise the balances don't add up properly and I get confused!

[johnnymitch]

That's right samcam - take it from the date it was paid , not when it was notified .............. that's when the 'alleged' offence is effective from .

[samcam]

ok, so done this:-

 

 

 

Now what do I do? All I can claim is £1524.36?? That doesn't seem right?

Edited January 5, 2009 by samcam

[samcam]

on the 8% page it adds up to £1873.05.

What have I missed?

Edited January 5, 2009 by samcam

[hellhasnofury]

ok, so done this:-

 

 

 

Now what do I do? All I can claim is £1524.36?? That doesn't seem right?

Hello Samcam.

 

You've been a busy busy bee:lol:

 

Ok so you have worked out the ppi payments and the interest that they attracted on the balance.

 

On the excel spreadsheet, have you clicked on the 8% interest tab on the Lt hand bottom, next to charges and interest. This will open up a new page and show you the interest that you may claim from the date of each payment.

 

Up on the rt hand top corner there is a box with 8% interest, if you click on this you can enter any interest rate you like, MMMmmm like the interest rate that they charged you.:grin:

[samcam]

Ah ha!

 

Thanks Hellhasnofury - it all makes sense now. The last statement I had says my interest rate is 24.9%. That should make a bit of a difference

 

 

 

By the way, this one was at the bottom of the pile of statements:-

 

http://www.campbellphotographic.co.uk/images/misccharges0001.jpg

 

Does this mean they zeroed the account because they handed it over to RMA (in breach of CCA, but what the hey!)?