Thread: Lunar Jim vs Barclaycard

My wife and I have three Barclaycards between us. One was taken out over 15 years ago. The other two previously belonged to Goldfish, and belonged to Morgan Stanley before that.

I've just CCA's them today. What are the chances of them actually holding a valid agreement?

You might not get any sort of sensible response from Barclaycard - they seem to be sending out copies of T & C's lately in response to CCA requests.

Give them the 12+2 days and see what happens.

Have a look at the following thread which has useful advice if Barclaycard don't cough up the agreements.

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

Wils

Sounds same as Cap1 have done with me then. No problem, just another to put into dispute then...

Good idea re. splitting the cases up, I'll do this when the replies arrive

No problem at all. History on it is that the first one (to Robinson Way) was put on hold on 12th December and yeah, CCCS gave me a bit of a grilling as to why I wanted to do it.

The second two, which I did today for Cap1, the guy I spoke to was really good. I told him I already had one on hold, needed two more putting on hold due to being in dispute, and that I was about to write to my remaining creditors requesting CCA. He said 'no problem', immediately put the Cap1 payments on hold, discussed a few things with me around corresponding with creditors and DCA's (e.g. adding 'cc Trading Standards' to my correspondance), and even went as far as sending me a letter template for requesting CCA (similar style to what we see on here, bit less wordy maybe lol).

I don't know whether this is a new CCCS thing, or whether he was a clued up employee offering his own advice, or maybe experience? Maybe CCCS are getting more calls about this sort of thing? I guess I'll find out next time I call CCCS to put a payment on hold lol.

Also, the payments to RW really are *not* being sent; my two latest statements from CCCS show 'Payment This Month' and 'Payments To Date' to RW as £0.00

But yeah, I'll post my experiences with this on the forum, hopefully others will find it useful.

Hi lunar, just checking in.

Any PPI premiums on your ex-MSDW account....

Hi Noomill! No sign on PPI on the statements as far as I can see, though I was already on a dmp when the balance transferred to BC so I guess they wouldn't have added it on? Not sure about MS though, I guess I'd have to SAR them to find out.

do you remember ticking the PPI bit on your original application form?

Heh, it was so long ago I can't even remember filling in the form

It's default day today and nothing arrived in the post... Looks like I'll be sending an 'account in dispute' letter to them tomorrow.

I sent the 'account in dispute' letters yesterday, and spoke to the CCCS. The lady who took the call actioned the request but was obliged to tell me that withholding payments could potentially make my situation with Barclaycard worse. I told her not to worry, and that I knew what I was doing

So that's my Egg and Barclaycard payments on hold for now. Unfortunately I've just taken by Cap 1 payments off hold; the CCA they sent me was pretty dubious but fit the bill under the terms of the Act; it had the prescribed terms but my personal details and signature were ommited as permitted. Personally, and 'off the record' I believe it to not be my agreement, but I've submitted an SAR to get hold of everything they have, so we'll see what turns up. I've decided to pake payments to them while the time for the SAR ticks away.

CCCS update:

I got a call from a supervisor type the day after I put the payments on hold. Apparantly I wasn't allowed to use the hold system for this reason (account in dispute). I think they noticed because I put several payments on hold in one go.

Basically they said they would take the payments off hold and pay my creditors, as a debt is a debt. My protestations were in vain; my only other option was to come off the dmp.

I told her that I needed to consider my position with regards the dmp. Today I cancelled it, having decided to go it alone...

The brown stuff will probably invade the airconditioning when the first round of payments are missed! Most of my creditors are already in default of CCA requests, the exceptions being the Student Loans Company (make that Thesis now, I just had their letter a couple of days back) and cap one, who I SAR'd (they sent me a technically valid CCA, but it definately wasn't the one I signed).

Not to worry; plenty of advice on here. I just wonder whether they will actually notice I'm not with the CCCS any more? Payments from CCCS are in a bulk, and the only people who have hassled me over getting updated dmp budgets are the Student Loans Company who I'll still be paying.

Four letters from Barclaycard this morning, for three cards! Two are letters to Mrs. Lunar telling her they're looking into the complaint, one of the same for me, plus a CCA. Here it is...

Page 1 is definately not enforceable of course. Are the prescribed terms on page 2 correct, please? The bit about credit limit does not appear to be as prescribed, but I'm not sure about the rest? Also, I can't be sure page 2 is the reverse of page 1.

Here is the letter which accompanied the CCA: