Thread: PPI Claim & interest - Barclaycard

Originally Posted by 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

Hello Samcam,

Welcome to the ppi forum

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

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)

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

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

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

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.c o.uk/forum/legal-issues/110742-bls-no-cca-but.html#post1084460

Originally Posted by 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...ml#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 and now from jM on this thread

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 So make sure you keep all of their threatograms and log all telephone calls they make

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 I am ready and waiting when they do

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

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

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

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

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'

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

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

Hello 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