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Hi fellow cagger's... have been following many threads for some time now (working on various issues for myself - missold PPI, No CCA's etc...). Thought I'd finally get proper involved (this site is invaluable and the knowledge of some members is awe inspiring!)
So here is my situ with Barclaycard (credit card) so far (this account is approx 10 years old) It has never been in default, and is paid regularly (albeit the minimum payment most of the time):
6th Feb 09 - Sent SAR request (recorded)
27th Feb 09 - received letter (assume no relation??) reducing credit limit by £1500!
4th Mar 09 - Received info relating SAR - incomplete - No CCA, missing statements prior to 2005 etc...
10th March 09 - Sent non-compliace letter giving 14 days to comply (recorded)
Nothing recieved so:
31st Mar 09 - Sent CPR (part 31.16) giving a further 7 days to comply
9th April 09 - Received letter relating to 'copy of executed agreement'! advising that a copy of Current Barclaycard Credit Agreement would be sent on under seperate cover - still no CCA.
16th Apr 09 - Received another letter in relation to SAR - again still missing CCA, statements etc... but includes additional computer printout info!
17th Apr 09 - Received another letter enclosing Barclaycards (current) Terms & Conditions.
21st Apr 09 - Sent Account in Dispute (Recorded)
So here we are today:
This morning I receive a letter quoting Section 78 of the Consumer Credit Act 1974 - detailing Barclaycards obligations and advising that they have fulfilled their obligations fully - summing up at the bottom of the letter they go on to say the following:
''As our response fulfils the obligation under Section 78 of the Consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 (etc), and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether further response is necessary.
So there you have it! - not once have they referred to my letter requesting the CCA using CPR31.16!
Any ideas where I go from here?? also should I continue to pay each month? (not entirely happy about having to fight to get defaults removed???) Any help would be very much appreciated.
Thanks
Blomb
Although the SAR and CCA requests are 2 separate issues, you could complain to the Info'n Commissioners Office about the failure to comply with your SAR.
If you tell the ICO that, as well as the missing statements, you specifically require the copy of your credit agreement, see if they force BC to produce it.
The other angle on this may be to complain to the fos about BC's failure to produce your credit agreement in response to the CCA request.
The CPR strategy may be used if both the others fail. Or you could follow on with the CPR route. The only trouble with it is that it involves the court Application and associated fees.
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.
...Oh dear so I have made a bit of a boob then going for everything all at once?? Will this look odd if I were to now ask the fos or the ICO to get involved? And should I cancel my direct debit payments as the account is in dispute. I would rather not worry about the hassle of getting defaults, really unsure of the best options.
Reading PT2537's notes - I thought that by using CPR31.16 - BC would be forced into providing my CCA if they had it?
As for the court route - would you say that this is the quickest way to go? I have read in some places that the FOS & ICO can take some months to get assigned to a case.
Sorry for the bombardment! Have so many questions... Thanks for your help!
Blomb
I don't think you've done anything wrong, but you just need to sort out how best to proceed.
From what you say about paying on time, there are not likely to be any penalty charges on the a/c. So I'm not sure the SAR and missing statements will matter.
What is your aim with this. Are you wanting to see if the debt is enforceable - ie, do they have a valid agreement for the a/c.
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 coming back to me.
Yes I'd like to see if this is enfoceable - I have had the card for many years, paid the balance off entirely on numerous occassions - but find myself in a situation where I am struggling at present - I have asked BC to lower the interest rate (29%) which as I pay regulary and have no missed payments I find extortionate - they refused! The interest each month is barely touching the balance - where for a couple of hundred quid only 15 or so is being paid off of the balance. Over the years I have actually paid the balance back tenfold with the interest payments.
The most direct route to get sight of your credit agreement is to use the CPR strategy which involves making a formal Application to court.
If you're not keen on that you can:-
1. Complain to the fos about failure to supply the agreement in response to your CCA request.
2. Complain to the ICO about failure to supply the agreement in response to your SAR.
BC have a reputation for ignoring requests to make reduced pay'ts or to freeze interest for a period. So it's little wonder that peeps have to seek alternative remedies when struggling.
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 again Slick...
... must say I've had a dreadful weekend of continual texts and phone calls - started at 8.30 yesterday morn and were still calling at 9 last night. It was an automated message telling me to pay or else! I cancelled my direct debit last month so now have one missed payment. Not sure I'm strong enough to deal with the hassle - so am going to pay, however I will tell them that it is under duress and that I will be going to court to get the CCA... Horrible Barclaycard!!!...
I too have just started on the road to Hassle Barclaycard because they took over 2 of my accounts with Goldfish and MSDW which were under arrangement and interest frozen.Immediately the arrangement was due for review they started slapping on the interest.
Don't give up yet!
regards, Spam
'Simples.'
Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....
They say money talks......mine just keeps saying "Goodbye"
Hi Spam, Wow - that's a thread and a half - I shall enjoy reading this and hopefully it will make me think again?
B'Card really are naff! Good luck to you... go get em!
Am I right in that a default cannot be entered on my credit file if the account is in dispute?? I have seen other caggers who have had defaults added even though accounts have been in dispute.
Anyone know how to get a default removed if one should appear and if anyone has actually been successful in getting a default removed?
Thanks
Blomb
Re defaults, they are likely to register one against you even though you maintain the a/c is in dispute. Getting it removed is slow but it can be done, possibly at the same time as the agreement itself is considered for enforceability by a court.
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, are you a night owl like me!!! Not good all the stress... I really thank you for your help and advice with this issue - It's quite incredible how I have gone from feeling terribly low to very strong with the help of likewise caggers - namely you and now also Spamalot ! I am going to have a serious think about how best to deal with this, ie paying the overdue monthly payment (to avoid default).
I am feeling at the moment that the best option will be the court route, I have given them every opportunity to provide the CCA but they have ignored every request, I will send a second CPR31.16 and if still no luck defo court! The fear is of course that they produce the CCA in court - my only hope is that the court will see this as a bad move on their part denying my many previous requests and be lenient with me!!!
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.
Received another text 'account overdue' blah blah - Just called BC with the intention of paying (under duress) and told the advisor that I have been receiving phone calls & text messages even though the account is in dispute due to no CCA. He said he would make a note on the system and that I will not get any further calls!!???
It surely isn't that simple?? BC's last letter to me said that they do not acknowledge that the account is in dispute! What now?
I'm just about to send off my second CPR31.16 request - then its off to the fos (Have already downloaded my complaint form as I hold out NO hope of BC supplying my CCA!)
Having re-read your thread, I'm inclined to agreed with BC. I don't think your a/c is in dispute as per the CCA 1974.
When I saw you refer to CCA above, I thought you meant a request made under the Consumer Credit Act 1974. I now see you meant "consumer credit agreement".
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.
Crikey I really have messed this one up! So even though I have asked for my CCA in my Subject access request (which I did not receive) and again in the CPR request (which again I did not receive) the account is not in dispute?! eeeuuuwww.... messy!
So next step is the CCA request with my £1 fee... Blimey - I really should have sought help before now! I will send the CCA request tomorrow! In the meantime I will make the payment as requested by BC...
Blomb vs Barclaycard
, No CCA's etc...). Thought I'd finally get proper involved (this site is invaluable and the knowledge of some members is awe inspiring!)
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! I am going to have a serious think about how best to deal with this, ie paying the overdue monthly payment (to avoid default).
I don't think your a/c is in dispute as per the CCA 1974.
eeeuuuwww.... messy! 