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hi
i have decided to start a new thread for each of our credit cards
and will post as and when i get replies
i sent skycard a CCA and a SAR request 3/03/09
received replies today
for the SAR i have received copies of all statments since 06 (start of account)
there are alot of charges and payments to payment break plan
are they ment to send anything more than just statments??
the CCA clearly says Application
but my gut tells me it will be correct (hope not though)
i have tried to post a copy of it deleting my personal details
its my first time uploading image so hope it works ok
anybody think this is not enforcable?
thanks in advance for
any advice
Although it does say 'Skycard Application Form' it does in fact contain the prescribed conditions so I'm afraid it is enforceable. I think the best you can do now is claim any unfair charges that may have been added to the account.
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i thought as much
i will go through all the statments and work out all the charges etc
i did have a payment break plan for this card (not PPI)
but i dont ever remember signing up for it and there is nothing in the CCA
its was for £25 month
when i tried to use it they would not let me because self employed
so it was cancelled
i will try to reclaim this too
i thought as much
i will go through all the statments and work out all the charges etc
i did have a payment break plan for this card (not PPI)
but i dont ever remember signing up for it and there is nothing in the CCA
its was for £25 month
when i tried to use it they would not let me because self employed
so it was cancelled
i will try to reclaim this too
i will post as it unfolds
thanks again for te advice
DH
As I understand it you then have two reasons for reclaiming.. 1) Didnt ask for it (not mentioned anywhere on the Agreement/application above) and most importantly 2) You wouldnt have qualified for it even if you had selected it.
Note: I've been reading the PPI forum as I'm about to start reclaiming myself, I note a number of people have reclaimed PPI plus Contractual interest at the typical apr%. It makes it more complex to work out the amounts but skyrockets (no pun intended) the amount repayable... they will prob not agree CI until just before court though.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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.
thanks Slick
i have worked out from the statments
i have paid since jan 06
late fee £120
unpaid fee £24
over limit £120
payment break plan £734.07
so a total of £998.07 in charges
of course there is a load of interest but it doesn't look like i would be able to claim any back ( enforcable CCA received )
my question now is
if i try to claim these charges back does that put my account in dispute?
if it does what letter would i need to send them.
also the payment break plan is not PPI would i need to adapt the letter
hi all
is there a leter template for my situation?
i received all my statements in response to SAR
nothing else came just statments
i have been paying for payment break plan since opened account
no mention of this in CCA ( just shows on every statement )
if they have been charging me for it
shouldn't thhere be some record of it when i sent SAR
Have you read the Reclaiming Guide at Link No1 in my signature below.
Put all the penalty chgs on a Site spreadsheet to make your SOC (schedule of charges) and send to Sky/BC with this letter - http://www.consumeractiongroup.co.uk...RD-letter.html If this runs the same as normal BC a/c's, they'll refund all charges in full with little argument.
Can you explain about the Pay't Break Plan as I've never heard of it. Are you saying you never agreed to it, or it's inappropriate as you couldn't use it.
You're right in that you can't reclaim the interest you paid on the a/c. However, you CAN claim interest, on the charges, from them at the Contractual rate. The reward financially can be significant.
However, they'd refuse to repay voluntarily and you will have to file a court claim and they won't settle until just before a final hearing.
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.
hi Slick
thanks for this
which number letter is it the link takes me to 2 pages of templates?
the payment break plan works a little differently than PPI
when you make a claim they would stop interest and charges for up to 2 years and you would not have to make payments
i dont ever remember signing for it or even ticking a box
but i was charged for it from the start of account
when i hit hard times i called skycard to claim the payment break
they asked for details and i told them i was self employed
i became clear that they would not let me use it
they canelled the policy that day
when i mentioned it to them when they were chasing me for payments
i was told you dont have it so how is it relavent
so although they would not say you cant have the payment break policy
because you are self employed
they could not give me an example of a self employed person could claim
she said " a significant drop in income " (thats me)
the funny thing is this
if they had let me use the policy i would have found it difficult to reclaim
and would most likely recover our financial situation and resume the account.
If it has transpired that you couldn't claim under the Pay't Break Plan because it was inappropriate for your circumstances, you should seek a refund of all pay'ts taken for the Plan.
Write to Cust'r Svs complaining that:-
1. You have no recollection of signing up for, or agreeing to, this Plan.
2. As it was inappropriate for your circumstances, of which Sky/BC were aware, they should not have taken these monthly pay'ts.
3. You require a full refund based upon the enclosed schedule.**
**..........and enclose a site spreadsheet showing each monthly amount taken, narrate it as Pay't Break Plan, enter date and amount.
This will then add up all the pay'ts including s.69 Statutory interest or interest at the Contractual rate, depending on whether you use the simple or Advanced spreadsheet.
See how they respond.
As regards them Defaulting you, if the default amount includes any penalty charges, the DN would be wrong and you can fight for it's removal from your credit files.
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.
hi all
just been looking at other cases on CAG
i found some info on credit agreements
where it says that to be properly exicuted
the agreement must be signed by the debtor and the creditor
my agreement ( uploaded to this post )
has only been signed by me
is this a properly exicuted agreement??
i know i am clutching at straws
but if its not right i will chase it all the way
hi all
just been looking at other cases on CAG
i found some info on credit agreements
where it says that to be properly exicuted
the agreement must be signed by the debtor and the creditor
my agreement ( uploaded to this post )
has only been signed by me
is this a properly exicuted agreement??
i know i am clutching at straws
but if its not right i will chase it all the way
im fed up and ready to fight
lol
thanks in advance for any advice
DH
As far as I understand it its not been properly executed but it is enforceable if it contains the prescribed terms.
Basically they can sign it and get a judge to enforce the agreement so long as the aforementioned prescribed terms are on the document.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
so if the cca is not properly exicuted
they can enforce if by signing it ( presume that would make it properly exicuted ) ?
surely it would only become enforcable from the moment it is properly exicuted
therefor all interest etc was unlawfuly charged up untill
they exicute it
feel free to correct me
it just seems a bit strange
it feels like this
if a thief steels somthing from a shop ( say a tele for arguments sake )
he goes home and enjoys watching his stolen tele
for some time
then it comes to the attention of the police that the tele he is watching is in fact stolen
they go to arest him and he says
"sorry officer i forgot to pay for it but here is the cash for the tele"
the police drop all charges as from the moment he paid for the tele
the law was no longer broken.
i sent a letter back to skycard asking for more information regarding the SAR i sent as they had only sent all statments (nothing else)
i asked them to send me all info and proof me signing upto the payment break plan
i explained that i could not recal agreeing to the plan
here is the response
there is no mention of the payment break plan in the application
it seems to me that they are saying
you would have been asked and advised to join this plan at the start
but we have no evidence of this
any ideas??
also when i tried to claim on the plan in jan
i was told my circunstances do not warrant a claim and they advised i cancelled the plan.
The claim I made concerning the PB Plan was refused because I was self-employed which precluded me from claiming.
I do not recall having the PBP explained to me and the briefest of conversations would have surely disclosed that I would be ineligible for any benefit.
It is for this reason that I require a refund, as set out in the enclosed schedule.
Please now deal with this refund or I will start court proceedings against you.
How are you doing as regards refund of penalty charges and Default Removal.
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.
Sky Card (barclaycard) CCA + SAR response
for each of our credit cards
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Originally Posted by dph1976
