Thread: barclaycard ignores

Hello.
Could you please give me some advice on my next course of action or supply a letter I could send.
I sent a 77/78 request to barclaycard on 31st March.
They replied pretty quickly and on the7th April I received a reply saying that they would send me a copy of my current terms and conditions.
Since then nothing has arrived and I am getting three calls a day.
I have sent a second letter telling them they are now in default and that they will not get anymore payments untill they comply with my lawfull request.
Any ideas please,because they just seem to ignore the letters and the people who phone me just could not care less when I tell them the account is in dispute and I requested a copy of an agreement that has not been sent.
Thanks.

Hi Martin,
Yes most days 3 calls.

It will only get worse, we are currently getting 8 calls each and everyday.

Still no sign of my cca (since November)

Thanks beachcomber.
Not that bad yet,but would like to write to them,any ideas?
Have you stopped paying them?

Originally Posted by kimberley6

Thanks beachcomber.
Not that bad yet,but would like to write to them,any ideas?
Have you stopped paying them?

To be honest no matter what you write, they will ignore - they are hopeless to deal with. I've been fighting them since last November, everytime I complain all I get back is another copy of terms & conditions.

Yes Iam still paying but ONLY because I bank with Barclays so if I didn't pay they could just take the money from my account, I am paying about half of what they are demanding each month.

Don't wish to be an alarmist, just keep at them, at least you will have a papertrail should the worst every happen.

With well over a 1000 calls logged since they failed to supply my cca last Nov., we decided to invest in the True Call blocker - we are in total control now as to which calls get answered.

Beachy

Thanks beachy.

I am having exactlt the same issues with now minimum 6-8 calls every day, I have logged over 200 calls so far as well as texts from unknown numbers asking me to call them as it is urgent etc etc.

I have been in dispute with them since 5th Feb and have not paid them a penny since then, I did receive a letter today baffling me with science, I have sent them several letters and all they do is continually send me Terms & Conditions.

I have this week sent all the details to the Financial Ombudsman Service so hopefully they will get a resolve to the matter for me. The harrasment from them is unbeleivable!

See my most recent letter from them click here....
http://www.consumeractiongroup.co.uk...card-keep.html

Hi Tigercub.
Sorry not replied sooner,been away for a couple of days.
Just read their latest letter but could not make heads or tails of it,think thats just what they want so you get fed up.
Will keep an eye on your thread.
Thanks.

Hi Kimberley,

Thanks for your reply, I have replied to Barclaycard at the end of last week even though in there last letter they have asked me to send legal documentation to prove my case.

We will see how we get on with the latest letter - My guess is they will either ignore it or they will send me terms and conditions again.........

Thanks again....

Hi Angel_1 it has been some time since I have updated the Barclaycard situation.
I have received word back from the fos who have managed to get an application form to prove that the account was opened however the application form which Barclaycard are stating is a CCA is invalid and I have informed the FOS of this however the FOS do not have to view the case as a court of law would view it, They merely base it on the fact that if money has been borrowed then ultimately it has to be paid back.
I am awaiting information back from the F.O.S. as to what they are going to recommend. If I am completely honest the FOS has been a nightmare as they effectively believe Barclaycard, they even asked me to provide further evidence of telephone harassment as Barclaycards call log only states 21 calls made however they have used several numbers to phone me from not just one and I have listed on my phone 40 calls from one number, Would you believe that the F.O.S. after seeing the photo I sent them of the phone showing the telephone number used and the calls received from it asked for further evidence!!!!!
I am extremely disappointed in the FOS so will wait and see what result i get from them if any?
Please find below the last letter I wrote to the FOS on 1st February 2010
Thank you for your most recent correspondence dated 19th January 2010 received by me Monday 1st February 2010 with regards to my complaint against Barclays Bank PLC Trading as Barclaycard.

As requested, I note that you sent me a copy of an application form which you have received from Barclays Bank Plc in connection with the account in question however let me draw your attention to several points.

I have been requesting a true copy of any alleged signed, executed credit agreement in relation to the alleged account since my initial request in February 2009 almost a year to the day that I write this letter. This was my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

The copy of the application form which I receive from you now has never been issued to myself in any way shape of form over the last 12 month period even though it was requested almost monthly.

You will be more than aware as the regulator of the financial institution in question that apart from the information that the regulations provide that Barclaycard may exclude, the copy must be a “true copy” of the agreement.

This breach of the agreement can be demonstrated as follows;
As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.
It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why there reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

Let’s look at the facts:
They have failed to communicate with me in writing as requested.
They have failed to acknowledge correspondence sent to me.
They have failed to stick to there own deadlines set by them time and time again.
They have continued to send me letters of demand.
They have on 2 occasions sent the debt to a DCA even though the account is clearly in dispute.
They have failed to stop adding interest onto the account as requested.
They have failed to respond to my complaint of telephone harassment.
They have failed to send me the requested documentation namely the consumer Credit Agreement.

I am clearly disputing the enforceability of the agreement which as explained above the document which they have sent to you and that you have subsequently forwarded on to me does not constitute an agreement under the terms of the consumer credit act. They have continued to push me from pillar to post in the hope that it didn’t get this far however as you will clearly note they have been in breach of the Banking Code on many occasions and also in breach of the Administration of Justice Act 1970 for Barclaycard continuing to try and take action against this account whilst this default remained.


You have requested further evidence of telephone harassment. Aside from the photograph of my mobile telephone showing clearly that they have made more than 21 calls to me, I find it difficult to understand how I could possibly provide further evidence of harassment, without asking the Police to put a trace on my telephone line or contacting the telephone company in question to track back calls received for the last 12 months then there is no other way that I can provide physical evidence, even if I had written down every time they rang my mobile phone or house phone then it would ultimately be my word against there’s and of course Barclaycard will say they didn’t do it.
However as we can already see a pattern emerging; they have broken the Banking Code and Administration of Justice Act 1970 and the list already noted above of varying misdemeanours then I see no reason why they would stick to regulations that comply with harassment by telephone.

Please note from my previous letters that Barclaycard were using more than one telephone number, three of which I have noted separately below; there may have been others:
Barclaycard 1 – 0845 300 7027
Barclaycard 2 – 0845 300 7028
Mercers DCA - 0845 300 5961
The phone calls sometimes numbered eight in a day up to the point of six and sometimes seven days a week. Between 08:15am in the morning up until late at night around 20:00pm

Barclaycard had 8 weeks from initial complaint to supply a Consumer Credit Agreement which they have failed to do for almost 12 months. I have followed all the legislation to the letter however they have broken the rules on several occasions and yet the financial body governing the institution isn’t able to do anything about it?

As you will be aware the law clearly states that under the Consumer Credit act
Barclaycard were notified that they are obliged to supply these documents as previously mentioned, whether they were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Furthermore Barclaycard were reminded that under s78 sub section (6) whilst the default continues Barclaycard are not entitled to enforce the agreement in law.
You state in your previous letter that the Financial Ombudsman has regard to the law as part of its decision making process but you consider cases based on them being fair and reasonable. I don’t think that it is fair and reasonable for them to continue to pursue this alleged debt until they follow there own banking code and supply me with what I have requested all along.
I would like to have an Ombudsman review my case based on all the facts contained within all the correspondence sent to you over the passed few months and I look forward to your reply forthwith.

Yours faithfully