The Shadow -v- Barclaycard

**the_shadow** · 6th February 2009 15:00

Ok Dokey.... This has turned from a standard CCA/SAR icon

/Barclaysharks sending someone elses SAR icon

back thread to one all about CPR31.16 pre action disclosure case.....

Currently preparing for a 2 hour hearing with Barclays icon

to determine my application for disclosure of the agreement.

S.

**the_shadow** · 6th February 2009 17:44

Right I've drafted 3 letters to send.

1) Barclaycard... asking for my SAR icon

data and a copy of the agreement to check PPI icon

mis-selling

2) Mrs xxxx... explaining breach of data protection act and advising her to complain as she is the aggrieved party, not myself.

3) ICO complaint form

Have included copies of this in both the above letters

I'm actually enjoying this

**sallysas** · 6th February 2009 21:43

And so you should - no flies on you then.

I am due in court on 23/02/09 for non-compliance so will keep my thread updated as they have said in a recent letter that they only hold 6 years icon

- oooohhhh look - flying pigs.

(a) Yes, send them non-compliance letter
(b) Write to information commissionaires office
(c) Don't see why not

and (1) yeah.......

**the_shadow** · 7th February 2009 01:03

Originally Posted by sallysas

And so you should - no flies on you then.

I am due in court on 23/02/09 for non-compliance so will keep my thread updated as they have said in a recent letter that they only hold 6 years icon

- oooohhhh look - flying pigs.

(a) Yes, send them non-compliance letter
(b) Write to information commissionaires office
(c) Don't see why not

and (1) yeah.......

Thanks for the support Sally, will keep an eye on your thread.

Good hunting

**the_shadow** · 14th February 2009 17:17

Letter received from the ICO today, just the acknowledgment of the information I've given

Why does government (local and central) work so blinking slow

S.

**slick132** · 15th February 2009 00:59

Because they are getting so many complaints from peeps, like yourself, who are no longer willing to be bullied and treated badly.

**the_shadow** · 19th February 2009 12:31

Well its taken 10 days but Barclaysharks have responded to my wrongly sent details SAR icon

letter. They've noted it as a complaint and are "very sorry to hear of your dissatisfaction.....we aim to resolve matters by the 10th March"

Sorry Barclays icon

, my SAR

is due by 3rd or complaint to ICO will occur also my CPR response is due back by 5th but suspect I'll need to send 2nd letter for that. Oh and CCA defaulted back on 13th Feb..

Oh and you want my minimum payment by 12th March...

Youre working on my timescales now!

**the_shadow** · 20th February 2009 22:58

I'm now in a bit of a quandary, I've had the SAR icon

through, its not complete but at least its something... and the front letter says its all Barclays icon

hold on me... no CCA included just statements.. I did explicitly say I wanted the CCA

Also had a response to my CCA request.. yep just standard T&C.

Problem is this, There was PPI icon

running on this account since 2003 (earliest statements they've given me although account was opened in 1999)

I've totted up all the PPI and added Contractual interest icon

and it comes to 22% of the total amount outstanding on this account. Its over 9k owing at present :cry: but over the years I've paid them back approx 1.2 times what I've borrowed overall.

I've got a CPR request in but I think barclaycard are telling the truth, I dont think they have the CCA but I think they could possibly get the CCA from MDSW?

Is it worth me pressing on with a claim for PPI, there are charges but they only amount to £138 even with CI added.

or should I just send a t&c are not enough and press on saving the PPI and charges in case they do find an agreement and start proceedings so I can counter claim...

I think I'm rambling tonight

**slick132** · 21st February 2009 00:12

Re the CPR request, it doesn't matter if BC are being truthfull or not. You're asking them for the Agreement and they have to provide it, failing which, you'll do whatever you're going to do.

Re the PPI icon

element, start a thread fro this in the PPI forum.

You'll get the penalty chgs refunded easily if you claim them without Contractual interest icon

. If you want that too, you'll have to File a court claim and they should settle just before a court hearing.

**the_shadow** · 21st February 2009 15:03

Originally Posted by slick132

Re the CPR request, it doesn't matter if BC are being truthfull or not. You're asking them for the Agreement and they have to provide it, failing which, you'll do whatever you're going to do.

Re the PPI icon

element, start a thread fro this in the PPI forum.

You'll get the penalty chgs refunded easily if you claim them without Contractual interest icon

. If you want that too, you'll have to File a court claim and they should settle just before a court hearing.

Sorry Slick I really was rambling last night

What I mean is Barclaysharks say they have sent me all they hold on the account, if this is truthful then my CPR will fail and possibly my court request for disclosure when I follow it through?...

if however I put in a court claim for PPI and in the POC icon

that if no agreement exists I'd like the judge to rule the agreement unenforceable.. Whats to stop them asking MSDW for the application and producing it.. Yes I'd get to see it at pre-hearing stage but they wont have lied pre-court as they didnt have it?

**slick132** · 22nd February 2009 00:15

Hi PMW,

We're getting into the realms of too many "What if's....."

We have to work on the basis of our knowledge and experience.

We know BC won't send a Credit Agreement in response to a CCA request at the mo. We know they never send the CA in response to a SAR icon

.

We don't know if they have, or can produce in the future, a valid CA.

Would you be unable to reclaim PPI icon

if there is a Valid CA - does your PPI reclaim hinge solely on their having no CA ( not my best subject )

Are you saying approx £9K is owed on the a/c at the mo.

**the_shadow** · 22nd February 2009 02:06

Originally Posted by slick132

Hi PMW,

Would you be unable to reclaim PPI icon

if there is a Valid CA - does your PPI reclaim hinge solely on their having no CA ( not my best subject )

Are you saying approx £9K is owed on the a/c at the mo.

Thanks for the reply.

Yes, the application will show if there were problems with the PPI at time of signing but in anycase I believe I was mis-sold as I already had cover and was not advised.

Yes £9k outstanding, PPI with CI would be - £2.5k

I think I need to press ahead with CPR route, keep making min payments and see what they come back with, if nothing then attempt to force disclosure at court

**sunflower99** · 22nd February 2009 11:38

Hi PM1971!
Just subbing icon

to your thread! I think its great you doing a CPR 31 on them!

and will be watching with interest icon

to see how BC respond|I will be sending my CCA request within next few days!My account was a sraightforward Barclaycard account( taken out about 6 years icon

ago) though so not linked to another bank! so maybe they will be able to come up with a cca in my case?BC do love the telephone dont they! I had a call 9am on sunday which i call rather a bad time to call on a day of rest! At least this time the person was not acting like they were my best friend and asking me by my first name! which really annoys me! Got locked in a battle with her over phone trying to get my security details over phone!and insisiting that i had to talk to them on the phone! LOL

I just said bye bye! and put the phone down.How dare they tell me what to do on my own telephone!

**slick132** · 22nd February 2009 23:22

Hi PMW,

Agreed - CPR will be your best way fwd.

Glad to hear there's another angle on the PPI icon

so it doesn't hinge solely on the Credit Agreement.

**the_shadow** · 22nd February 2009 23:27

Cheers Guys

Will advise as soon as I hear anything back from Barclaysharks

**bazaar** · 23rd February 2009 20:22

Hi Pmw, just my two penneth here, so forgive me if youve already covered this angle.
You say youre claiming back missold PPI icon

. But Barclaycard dont have a valid agreement?
So, in my mind, you'd only claim this back if they took you to court.
If they take you to court without any agreement, hoping the Judge rules in your favour, then they wont be able to legally enforce anything that doesnt exist.
Have you thought this through? Slap my wrist if Im repeating something

**the_shadow** · 23rd February 2009 21:13

Originally Posted by bazaar

Hi Pmw, just my two penneth here, so forgive me if youve already covered this angle.
You say youre claiming back missold PPI icon

. But Barclaycard dont have a valid agreement?
So, in my mind, you'd only claim this back if they took you to court.
If they take you to court without any agreement, hoping the Judge rules in your favour, then they wont be able to legally enforce anything that doesnt exist.
Have you thought this through? Slap my wrist if Im repeating something

Hi bazaar...

**the_shadow** · 14th May 2009 17:51

Right I waited for the test case and have seen that they may have agreements from 1999 well I need to see it as my PPI icon

claim will depend on it, so I guess I'm going to have to bite the bullet and send off a N244 icon

claim as soon as I can afford it

I've given them more than enough chances to satisfy the requirements of CPR.

S.

**the_shadow** · 16th May 2009 14:07

Hmmm new developments and i'm in a quandary... any advice welcomed

Thought I'd give them one last go to respond to my reduction in payments and cpr letters, sent direct to CEO.

Had response that letter would be passed to head of Barclaycard UK. Received in the post a copy of t&c for the barclaycard account / not MSDW t&c. Was all fired up still on course for doing N244 icon

then received a letter agreeing to reduced payments for 6 months.

received a s78 which was basically a statement of account and advising my "agreement with barclaycard" would be by seperate post [I assume this was the t&c recieved]

So do I a)push ahead and try and raise the money for the N244 or b)accept the reduced payment offer and interest icon

freeze for 6 months or is there some way to do both do you reckon?

I always find it hard to make my own decisions, guess its the emotional involvement.

I didnt really want to do a N244 until my court case with crap one is resolved as I'm a firm believer in one at a time but hey ho.

S.

**bazaar** · 16th May 2009 14:26

Just a thought, If you really want to pay them without any legal document to show. But maybe you could agree to reduced payment proposal whilst your CPR or N244 icon

are ongoing, ( This'll show willing to any judge)
But clearly state to them that you will be recovering that plus PPI icon

payments on conclusion of them stating they do not have any agreement that is enforceable.
Now IMHO,
They clearly have not responded correctly to your CPR, so they are in fact not in a position to receive anything, you could point that out to them,

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