Thread: BCard v Davies (at present!)

Hi All,

I recently won my case against Barclays for £1374 and a day later received a letter from a Debt Collection Agency for money owed on a BCard I stopped using well over a year ago!

Apparently I owe just over £200! (Funny how it's only just been noticed!) I haven't used this card since I paid it off early last year when I consolidated my debts through a loan.

I just spoke to Bcard, and they 'can't retrieve the info on my account because nothing has been active on it in the last 6 months' He very kindly offered to send me my statements at £5 each, I politely declined saying, I think a £10 S.A.R - (Subject access request) is much more cost effective don't you. Although to be fair to him he gave me the address to send my letter to.

I then rang The debt collectors and spoke to a really nice young lady, we had a chat about the 'facts' as I knew them, and the discussion I'd had with BCard. She said she'd ask them to supply a full set of statements as well, and have them copied over to me, and see who gets them first! She also said they'd put a hold on my account until we could sort this out.

After my chat with BCard, he said that it was probably my fault, as when I settled my account over a year ago I'd probably cancelled the direct debit before the final interest went out - so a possible 3 or 4 pounds (his words not mine) would have caused this over a year with fees, charges and interest.

When I asked how the debt collection company had mangaed to obtain my new address and phone number and BCard hadn't, he refused to comment (me thinks this is where Barclays Bank may be involved!) and said he couldn't access any frther account info. I then asked him to add the details of this converation to my file, and that I would be speaking to the Debt company next to ask them to put a hold on the account until I had statements through.

Question: If the £200 adds up to be all made from late fees and interest, should I pay the £200 and then go through the reclaim process with BCard...or are CCard fees different to Bank fees? And if I canm claim, is it BCard or the Debt company I claim from?

Anyway, if anyone has any helpful advice on the above, pls let me know - I'm obviously quite happy to see them in court...have a look at my Bank thread!

Thanks alot guys and gals!

Peter

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ok, I'm very sorry to say I am a little lost on this already...
...I have had a look through several posts and most seem to suggest that the SAR takes too long, and then turns up in bits...nice!
And most seem to say they send a CCA off instead/as well.

Could someone explain what and whay the CCA is sent - is this because they are a credit and not a banking institution?

Also, should I send one, the other or both off?

Cheers all

Peter

A question - if the DCA decided to take me to court - as they threaten - could I go, and argue the case that BCard have offered no proof of this debt...basically using their own defence against our standard claims back at them? Once I did this, it would be up to them to prove every charge against me, which in theory would mean they would need to prove that each charge was justified?

Any opinions pls?

Peter

Ok this is what I am thinking I should send to BCard lit team...

http://www.consumeractiongroup.co.uk...ml#post1008439

Have a look and let me know what you think!

Peter

Ok all, here is a shocker for you...
...I have received my statements!

I know - less than 3 weeks, and I got the last 6 years worth through...they must have hired some summer temps!

It shows - not including the £204 Credit Security are claiming, that I am owed £280 from them! They shouldn't have bothered me, and I wouldn't have bothered them!

Can I just check:
I can cliam LATE fees
I can claim OVERDRAWN charges
from BCard

Cheers all - has anyone else received there info in super quick time?

Peter

Excellent!

Cheer...
...I asked and was told I was right on another part of here, but to check with you guys:

The OFT announcmement yesterday has no effect on credit cards as it's a different legal thingy?

Am I right...and so do I continue!

Peter

Thanks for that!

I will be slaming a claim for £280 on their doorstep shortly then!

Cheers

Peter

Ok, and so the tide turns!
The DCA (who started this fight!) have turned tale and run - sending the claim back to BCard! Ha - Part one of the battle won!!!

I have received my statements and found nearly a years worth of charges and a default from BCard...although not for long !!!

I sent a CCA to the DCA, and they returned the claim to BCard, so in my lba I am attaching another part asking them for a CCA as well - this should weed them out!

Plus I am asking for the return of paid charges, totalling £280, and removal of any claims on my credit report that relate to these - although if they fail to provide a CCA, I will ask for the crdit file to be removed completely!

The letter and SOC and cheque are ready to go, just need to buy a new printer cartridge! So will send on Monday when the PO opens.

Peter

Its all in an envelope and ready to post! wohoo!!!

It'll be interesting to see if the CCA speeds up the case for me - as in will they acknowledge or even act on it, if not I can go straight to court on that alone, or will they try and fob me off with random bits and bobs on that, amking the charges more drawn out...
...place your bets here!!!

It will be interesting to see how they respond to my letter as I crammed so much into it - its not the standard lba, or CCA, its both and a bit more for good measure!

I also added a line about having just won a case against their sister copany Barclays, and how I will pursue this to the highest level to reclaim my charges.

Maybe that will help! Especially as I think its the same Lit team that deal with BCard and the Bank.

Lets see! I should have some news before the Tuesday 14th! Keep tuned guys and gals!

Can I get some clarity around the CCa and the SAR pls.

If the CCA comes back unfulfilled (as I assume) does this mean I then CAN'T continue my actions to reclaim charges through the normal route?

I should hear back from Barclays in the next few days, so need to 'be prepared!'

Peter

Hi all!!!

HOT OFF THE PRESS:

Barclaycard reply to my S.78 request.

So I receive a nice letter from Helen Gould - actually personalised because she mentions the other bits I added in my S.78 request, which she assures me will be deat with by someone!

So I look at the attached:
part 1 is a copy of an unused recent student barclaycard application form
part 2 is a copy of my application form
part 3 is a copy of the generic Barclaycard T&Cs

So lets look closer at part 2: My application form...
1 - it's an application form...it says this across the top!
2 - I have signed under the bit that says this is regulated by the CCA and sign if I want to be bound by it (I have signed) - it refers NOWHERE to the statutory obligated parts of the act it has to include!
3 - below my sig is a big box saying:
FOR OFFICE USE ONLY:
Autorised Barclaycard signature
This has [ ] yes, apparently the invisible man works for Barclaycard, or at least in 2000! And it is undated by them!!!!

this is all that came through on that form - it is (please correct me if wrong) NOT a CCA agreement!

Also, the T&Cs they 'refer' to, also do not include the parts of the CCA that must be shown, all it says is that the CCA covers this form.

So come on people:
Is this a CCA agreement, if not, what is my next step!??!

The second thing is I had my response to my lba, they are sorry I'm not happy, and have refunded £112 to my account and have informed the DCA (that no longer holds my account????) that they have done so, apparently I now owe them £92!??!

Should I not be happy I can always contact the FSA...Think I will, thanks!

So, they haven't reacted well to my LBA, and didn't even mention the removal of my default - nasty people! Not like Mrs Gould!

Oh well...next step it is then - I was hoping for such a small amount they might just give up!

Rejection in leiu of acceptance coming up!

COMMENTS ON THE ABOVE PLS!!!

Cheers Jeff,

Will scan and send tomorrow am.

As far as I can see it has, in the T&Cs:
interest rates
It says 'From time to time we will inform you of your credit limit - but no actual limit
Repayment schedule

And that's about it - the rest is gumph!

The T&Cs are not paginated, so no relationship to the document I signed - and they didn't!

Peter

oh and the application form is for a STUDENT Barclaycard, but this isn't mentioned in any of the terms and conditions, either in rates or charges...

....does that make any difference?

Ok guys, here goes!

This should be the T&Cs sent and the apparent CCA agreement:



and


any advice???

Things to note:
My credit limit has always been £250 on this account, the box for BCard to sign is unsigned, and the card number box is empty at the top.

This is a student Credit card, and is not mentioned in any of the T&Cs.

Peter

I have no shame in saying:
BUMP!