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Please can someone help me,
I had a Barclaycard which was sold on and which i then paid in full. i sent for all statements to Barclaycard and found i had paid over £1800 in charges so i put a claim in .
Recieved reply today saying they in there rights to charge me but they would pay £250 plus 8% interest to agency dealing with my account,
the debt was sold on a nd i paid it in full so cant understand why they send the £250 to third party etc and not sure what to do now
Please can anyone advice me
They sold your debt to try and recoup their losses, now it's come back and bit them in the bum? Aww diddums. If they hadn't charged you so much in the first place, maybe you wouldn't have fallen into arrears, "forcing" them to sell the debt on... Ah well.
Apologies to people who I was in the process of helping, I may be gone some time.
It may be useful if you can work out exactly how and when the debt was repaid to the DCA in question, if you have this info.
If you don't, you may need to send the DCA an SAR for all data and statements they hold for the a/c. This will cost you £10 but will be well worth paying to get this sorted and have the charges properly refunded to you direct.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
They sold your debt to try and recoup their losses, now it's come back and bit them in the bum? Aww diddums. If they hadn't charged you so much in the first place, maybe you wouldn't have fallen into arrears, "forcing" them to sell the debt on... Ah well.
It may be useful if you can work out exactly how and when the debt was repaid to the DCA in question, if you have this info.
If you don't, you may need to send the DCA an S.A.R - (Subject access request) for all data and statements they hold for the a/c. This will cost you £10 but will be well worth paying to get this sorted and have the charges properly refunded to you direct.
Hi Slick132,
Thank you for reply
I know when i paid the DCA I even CCA'D them but got no reply, i was given no choice i had to pay full amount,
I sent S.A.R to Barclaycard which also did not contain a CCA and showed the full amount owed as settled but not name of DCA.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Yes i do have a marker on my file and the debt is still showing as owed even though its been paid,
I have wrote another letter and sent today regarding my claim.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Latest is that i have recieved another letter saying that they have credited my Barclaycard with another £302.40 including 8%,
well i no longer have a Barclaycard so i cant understand how they working
apart from not sending me the refund , first to DCA they sold debt too and then to my none existing Barclaycard,
anyone any thoughts on what to do next please.
If they have Defaulted you correctly and have then Terminated the Agreement, which they must have done if they wished to Sell it on all that time ago, then there is no Agreement. All that remained was a lump sum Debt. Sounds like you Paid that, so any Refund of Unlawful Charges should come straight to you.
...have credited my Barclaycard with another £302.40 including 8%
What Barclaycard would that be...you no longer have one, so there is no Account to credit funds onto.
All they are trying to do is hang onto the Refund to make up for the Loss they made when they sold on to a DCA.
As Bookworm so correctly says:
Aww diddums
You need this paid back direct to you in the form of a cheque.
Indeed, now might be a good time to S.A.R - (Subject access request) them, to see if they did actually Default you lawfully, and did Terminate the Account lawfully. If not, then it could've been an Unlawful Rescission of Contract, for which you may be able to ask for some Compensation!
You never know, maybe they were not quite as clever as they think! The above may tempt them to stop messing about and whizz the Refund over to you pretty sharpish.
Thank you for reply, I recieved S.A.R request back from Barclaycard in
January when i was having trouble with the DCA that they sold debt too
after I found this wonderful site on advice.
The S.A.R came back showing all payments made, it did not contain a
credit agreement copy or who debt sold too just that it was paid.
it showed over £1000 in charges and PPI.
I paid the DCA IN full after being given no choice but to pay in full or else.
Do you think i should write to them again or go straight to the fos,
I want the charges back, what do you think my next move should be ?
If you feel there is some adverse Data on your Credit (Debt) Files then you should also write to the Credit Reference Agencies pointing this out, and asking them to prove it. Again, as Slick132 has alluded to already.
It's now a case of collating your evidence, and pushing to make sure you get it.
Barclaycard must keep the Signed Agreement for 6 yearsafter the end of the Agreement, to comply with their Anti-Money Laundering Legal requirements. So, a word about that may make them sit up and take notice, and I suspect they may suddenly produce your Agreement.
You could also start muttering about Unlawful Rescission of Contract, which may again produce the Default Notice to counter that.
IOW, keep pushing and pushing. Complain to the Information Commissioners Office if you do not get all that you feel that you should get from your SAR Requests (Barclaycard-SAR and the DCA-SAR Requests).
After all, both Barclaycard and the DCA should have copies of the Agreement, the Default Notice, the Termination Notice and the Assignment Notice to keep their own books in order. That's two bites at the cherry to allow you to see what you need to see.
They are not coming for you now, you are coming for them, so this could be quite enjoyable for you!
Think of it as a game of Cat and Mouse, or Lion and bankers!
Except this time you are the Lion, and the vermin scuttling around trying to evade you is the banker and his mate the DCA!
Barclaycard did send me S.A.R but are you saying it's incomplete with no Default notice, Credit agreement and copy of who debt was sold too ( sorry to ask you to clarify - dont think i stupid ) just want to be sure with my facts before i send template letter to them.
If the refund offered is not a full refund, please confirm how much was charged to the a/c in penalties (not interest or PPI).
If you have all the a/c statements and BC now accept they should refund you direct, I don't see the SAR to the DCA is necessary now.
Certainly, the DPA, Non-Compliance letter should be sent, specifically highlighting the need for the Credit Agreement and default notices. As always, adapt any template letter carefully to reflect your own case.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard did send me S.A.R but are you saying it's incomplete with no Default notice, Credit agreement and copy of who debt was sold to...
It doesn't sound very complete, so you do need to send them the SAR-Non-Compliance Letter for sure. As Slick132 has said, make sure you spell out in tiny tot language what you want from them.
Also, if you have not done so, get all of this into a Spreadsheet, and start to look at the interest you wish to go for, i.e. Contractual if you can, that's the Rate they would get if they lent that money out. It's harder to get, but if your aim is to get as much as possible, and it's now on your terms, go for it.
Also add up the PPI, and investigate if that was mis-sold or not.
Just plan well, and gather the evidence, then go in for the kill.
They did the same to you if you remember, so time to return the favour.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard Help Needed Please
to agency dealing with my account,
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Re: Barclaycard Help Needed Please
Originally Posted by old_andrew2007
