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Can anyone advise please - I received this letter in response to my CCA request for an account which started life with Morgan Stanley, then sold to Goldfish and finally Barclaycard.
The account no. they quote on this letter is not my a/c number although I properly quoted mine in my request, there was nothing enclosed although I did receive a copy of Barclaycard current terms and conditions today.
Should I just reply as I was going to before I noticed the number was incorrect, that even if they think they have complied with Section 78, no agreement from Morgan Stanley was enclosed in any form, and current t&c not enough to enforce?
Or should I just ignore since the account no. quoted is incorrect? Does this have Data Protection implications for them, sending me wrong a/c details? Barclaycard have been ringing constantly with automated calls and now being really pushy. I don't and won't speak to them on the phone but they take no notice and mark me down as 'refusing' to speak! I have said I'm not refusing as letter has been sent as matter can only be dealt with by letter. Will this show up in a SAR if I asked for one later as anything recorded about me should be shown?
I know they are only after payment so it doesn't worry me - I would like to get the procedure right though and hope they have shot themselves in the foot with sending me someone else's account no! I stopped paying after they were so rude over 1 late payment recently (probably only 2nd time ever in 8 years of having card) and the CCA request went into default.
Many thanks for looking and any advice most welcome.
If you read other BC threads here, you'll see BC will not suppy the credit agreement in response to your CCA request. They'll maintain the reply given fulfils their requirements and the a/c is therefore NOT in dispute.
Are there any penalty charges on the a/c, or PPI which you didn't ask for. These can be reclaimed and BC will repay the charges readily unless you seek interest at their contractual rates.
Read about the CPR route in Link No2 in my signature below.
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.
Slick, can I just ask, if when you SAR they don't send you all the statements are they then in default of the SAR and is this more serious for them than a CPR request? I'm thinking like you say, the only way to settle the continuous hassle is by taking the fight to them and reclaiming any charges and forcing their hand for a change. But what if they don't give you copies of all the statements from the very beginning?
Just had my Sunday morning call from Calders whilst typing this! I think they were frustrated as I couldn't confirm anything.
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 v IFTL
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Just had my Sunday morning call from Calders whilst typing this! I think they were frustrated as I couldn't confirm anything.
