Thread: LA2006 vs Barclaycard

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Hi LA,

I send a cca request receive and documents in April.

Can you please explain this. In particular, who did you send CCA request and S.A.R - (Subject access request) to.

Don't call Calders or Mercers - it'll get you nowhere.

Write to Calders stating the account is in dispute, a CCA request was sent to whoever on date and an SAR was sent to whoever on date. Accordingly, they should not contact you about this further as this would be in breach of the OFT Guidelines on debt collection.

I assume you don't have all the a/c state's which is why you've sent the SAR. When they reply, follow the Reclaiming Guide in Link No1 in my signature below to see how much you've been charged in unlawful penalties on the a/c. You can reclaim the charges and Contractual interest on top if you do this from the outset (your Prelim Letter).

This can be used to reduce the balance owed on the a/c and, while the a/c is in dispute, they should cease collection activity (but they wont !!).

By the time this is sorted, you should be in a position to either bring the a/c pay'ts up to date.

Or, if they cant produce the required documents in response to your CCA request, you can pay off the debt over a period which suits you.

..

Ltr to DCA to confirm you will NOT discuss this matter by phone or with any agent calling at your door (who will be asked to leave).

As the a/c has unlawful penalty charges, you are in contact with BC to resolve this matter and, when the necessary refund is made to your a/c, you will resume pay'ts to the a/c.

Well I only got round to sending a lba at the beginning of March 2009 to reclaim charges applied to the Barclaycard account, got no reply from Barclays, so filed a N1 claim at court via post.
Unfortunately, I used statements from my SAR up until last year May 2008 - thinking the account had been frozen - as the account was in dispute.

Today I got a letter from Westcot ( I guess they took an extended hoilday, (Wescot was chasing me in March 2008, then it was passed to CALDER, I'm sure it was passed to someone else, during all these months the balance was frozen, then it went silent, until today)

I think I triggered Barclays memory - after sending my LBA (same thing happen with Halifax - westcot also started chasing after sending a LBA)

The balance stated by the letter by Westcot has increased by £170.00 ( all of which must be charges and interest which has been applied)despite Barclays not sending any statements - which I thought they had to do if there is a new transaction, even though its a cancelled card.


I guest I will need to do another SAR request to Barclaycard.
As I have already filled a N1 - How do I cancel this claim?/ Or can I added the extra charges at a later date - as soon as I get this info.

And will I have to send another LBA letter to Barclaycard once I get the SAR back again?

Hi LA,

Do you have statements covering the period from when you filed your claim, to date. Then you can check how much more has been added in charges, to see if this explains the higher a/c balance.

I'd drop Westcott a quick letter saying:-

" Dear sir or madam,

Your ref: xxxx xxxx

This a/c is now the subject of legal action against BC, against whom I issued a court claim on xxdate.

Any further action taken by you to demand payment in respect of an which is In Dispute is in direct breach of the OFT Guidelines on debt collection and will be reported to the fos for investigation, without further notice.

I suggest you seek further instructions from BC before contacting me again. "

If you send BC an updated SOC showing all charges which you need refunding, they may agree to do this without the need for further court involvement.

If they won't agree, you'll have to submit a form N244 to court asking for your claim to be amended in accordance with your new SOC which you enclose.

Hi LA,

I think the quickest way forward with this is to send BC a new SAR.

They should supply you with all the usual data but you could specifically mention the dates for which you've rec'd no statements.

When you get this, review the charges and see if the statement data ties up with Westcott's demands.

On the Form N1, did you name BC as:-

Barclays Bank PLC t/a Barclaycard ......

...... at the Churchill Place address.

Well,

Barclaycard has offered me a Full and final settlement of the full claim and asked me to sign their agreement with them.

But I have noticed they have used someone else name and claim numberof the settlement letter. ( my name and address is correct), but its Dear someone else, with their claim number.

I wonder if they are in breach of data protection by disclosing someone else claim number and name ( its just the title and surname)

And they have still failed to respond to my SAR, I sent them a reminder but still no reply ( both was sent by recorded delivery)

Hi LA,

If you don't know what charges have been made recently, you can't agree to any offer really.

Does the offer include your court fees paid so far and s.69 interest.

Don't be conned into signing any confidentiality agreement with them.

You need to reject their offer and confirm you await their proper response to your SAR dated xxdate.

You can mention to them how they've disclosed someone else's data to you and you're concerned they may have disclosed your data to someone else. Tell them, unless they sort out your SAR quickly, you'll report this serious breach of data protection to the ICO.

Hi LA,

I asked for the bank charges to be returned to account

Do you mean credit card penalty chgs here ?

Don't be bullied by BC legal team's tactics. This is YOUR claim and they have to settle it YOUR way or meet you at court.

credit card charges not bank charges.

In response to my second request to BC legal clerk. She sent me this email they will send money to another account. Hopefully this is not a trick to get me to sign the agreement ( I'm so sceptical of Barclays)

Originally Posted by la2006

credit card charges not bank charges.

In response to my second request to BC legal clerk. She sent me this email:

Hopefully this is not a trick to get me to sign the agreement ( I'm so sceptical of Barclays)

Or get your bank details... (No.... I am being hyper sceptical )

S.

If you provide them with the necessary bank details so they can pay you quickly, then I don't see a problem with that.

But please confirm exactly what they want you to sign, before you sign it.