Barclaycard again

**sallysas** · 5th April 2008 08:24

Some time has gone by since I successfully claimed against Barclaycard and this time I think I will send a CCA request. My question is can I still claim the charges back with compound interest icon

(once I've sent off SAR icon

letter for ALL data) if they fail to send me copy of agreement. Must have another cuppa, maybe I'll be on the ball then............

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**sallysas** · 5th April 2008 09:13

I'm really not with it. Where can I find the relevant letter requesting CCA?

**honey5** · 5th April 2008 10:36

in here

letter N
i think we're all having one of those days

http://www.consumeractiongroup.co.uk...templates.html

good luck
honey x

**sallysas** · 5th April 2008 10:43

Thanks very much - would you believe I found it myself in just that place a few minutes ago. Is it really worth sending request off to Barclaycard though and if they fail to provide this information can I really inform them that debt is uninforceable as well as claiming my charges back? How would the courts view this especially as I am going for compound interest icon

this time?

**honey5** · 5th April 2008 11:14

im just starting my claim with them, and had a letter back this morning (quite polite too :o ) telling me that they will be back in contact with the agreement within the next 7~10 days
honey x

**sallysas** · 5th April 2008 19:03

I'm forming a dangerous plan (mentally) about seeing if I was missold a PPI icon

(I had no earned income when I was given a cc account) and I think you can ask for a cca within the same letter. If I go down this dual route - and also claiming compound interest icon

when I get the information that will be something.

Just a reminder to anyone that reads this that you can only send a cca request if you still owe them money. I have a few accounts that still applies too..............

Honey, how long have you been waiting. Love the name by the way - is it real?

**slick132** · 5th April 2008 23:38

Hi Sallysas,

If you CCA them with a view to the debt being unenforceable, you cannot expect BC to repay penalty chgs back to you direct.Any refund of penalties will be refunded to the a/c to reduce the overall debt to BC.

It is then up to you whether you continue to honour the debt and pay BC, or not.

Similarly, any refund due to mis-sold PPI icon

can be off-set against the BC a/c or any other Barclays icon

debt which you may have.

**sallysas** · 6th April 2008 09:04

What a common sense reply. Thank you very much. I am quite happy to send off SAR icon

to get old data from them and claim compound interest icon

. Going through a difficult patch at work which is affecting me mentally (well that's my excuse).

Been a long time since I saw your avatar, hope you are keeping well

**slick132** · 6th April 2008 15:17

Very well thanks Sally.

Go with the SAR icon

just now then, and you can always go for the CCA request if you feel the urge or need

**sallysas** · 15th April 2008 17:24

Feeling a bit flush (before we go on strike next week) so sending off my S.A.R - (Subject access request icon

). Does anyone have any idea how far back they go back with their information as I have a vague idea this account is more than 10 years old. Or if I look on Barclays icon

forum perhaps that will give me the info.

I was right - 12 years according to zootscoot last year

**slick132** · 15th April 2008 21:50

Hi Sally,

Put the date or year the a/c was opened if you know it so they know to dig back for state's.

Have you seen this from BC Stickies http://www.consumeractiongroup.co.uk...hey-wrong.html

**sallysas** · 20th April 2008 09:47

I did thanks. Last time I asked for info they did send me the full 6 years icon

as they had just been criticized for failure to deliver. Lets hope they don't play their faces this year. When it comes to filing my N1 I will refer to Sempra naturally. Wonder how long it will be before they find a way round that one.

**sallysas** · 3rd June 2008 18:46

Data arrived a month ago but guess what - only back to 2002. Will threaten them with ICO. As near as I can remember opened this account back in '96. 12 years then - just as far back as Zootscoot says ................

**slick132** · 3rd June 2008 19:49

Hi Sally,

Thought I'd add that BC only started charging during 1999. There's been some debate about this but June '99 was the first time I was chgd. Some say it wasn't until a year or so later but I have a state't to prove it.

**sallysas** · 3rd June 2008 22:08

Thanks for that. Hard to believe there was a time when they didn't charge.

**sallysas** · 16th June 2008 16:54

Sending off non-compliance letter rejecting their assertion that prior to 2004 data is not subject to Data Protection Act 1998. Humbug.

**sallysas** · 16th August 2008 10:57

Spent the last few months being given the runaround by Barclaycard. They did send me 2 letters asking for time to send me statements which I was happy to wait for as I had other irons in the CAG icon

fire - but this week I have only received duplicates - AGAIN - so while I was at court yesterday I filed for non-disclosure and 'cos I'm so fed up with them I asked for £20 as damages which seems fair to me. If I end up completing a court bundle at least I will have enough copies................

**slick132** · 16th August 2008 23:11

Slight update - they have been charging since earlier than I stated earlier.

See this Sticky - http://www.consumeractiongroup.co.uk...lier-than.html

**sallysas** · 19th August 2008 17:00

That's very interesting thanks very much - I just need my data now then.........

**sallysas** · 26th August 2008 19:58

Received duplicate statements again but this time they have added this paragraph:-

As mentioned in the Barclaycard terms and conditions, we'll apply an administration charge of £3.00 for each copy to your account.

I intend to send the following off.

Dear Barclaycard

I am in receipt of the copy statements you posted to me on xx/xx/xxxx but am perplexed at your assertion that you intend to charge £3.00 for each copy. In my SAR icon

of xx/xx/xxxx I asked you to provide me with a list of transactions and charges for the whole of my banking history with your organisation. I stated that a set of statements would be acceptable - I did not ask for these specifically. I enclosed the £10 statutory fee as requested by law which has been cashed by your organisation.

I had cause to write to you again on xx June 2008 as the data you supplied was incomplete. I advised you that failure to comply with my request under the Data Protection Act 1998 would result in my filing for non-compliance. Your organisation then requested additional time to deal with my request which did not seem unreasonable to me at that time.

You may be unaware that I have now filed for non-compliance at my local county court icon

as you have failed to respond positively to my request and have over the last few weeks continued to send me duplicated data despite the omissions I made you aware of back in June.

I now require you to cancel the administration charges you have added to my account and to provide confirmation of this fact within the next 14 days as failure to correct this error will be brought to the attention of the court.

I trust this makes my position absolutely clear.

Yours faithfully

It's a bit wordy but does anyone think it will do. Muppetts!!!!!!

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