Thread: nickd911 Vs Barclaycard / Goldfish / MS

Hi Nickd and welcome to CAG.

Read the Reclaiming Charges Guide at Link No1 in my signature below.

Send BC a SAR to get your statements for the a/c so you can start to reclaim all the charges on it over the last 6 years. Use this template - http://www.consumerforums.com/resour...access-request-

Getting your credit agreement from BC is a real pain. In theory, they should supply it with the SAR reply (but they won't). Read other threads here in BC and you'll soon see the trouble users are having with this issue.

Re the Egg a/c, even if you get sight of the agreement and it's legally unenforceable, you won't get back what you've paid on the a/c.

Originally Posted by slick132

Hi Nickd and welcome to CAG.

Read the Reclaiming Charges Guide at Link No1 in my signature below.

Send BC a SAR to get your statements for the a/c so you can start to reclaim all the charges on it over the last 6 years. Use this template - http://www.consumerforums.com/resour...access-request-

Getting your credit agreement from BC is a real pain. In theory, they should supply it with the SAR reply (but they won't). Read other threads here in BC and you'll soon see the trouble users are having with this issue.

Re the Egg a/c, even if you get sight of the agreement and it's legally unenforceable, you won't get back what you've paid on the a/c.

also you may find that the old MS agreement does not exist,and also it was systematic for MS to add PPI to your card without your permission most of this is reclamable if your card was issued under the old application form then this is not an agreement as such it is a mere application....but as slick has said a SUBJECT TO ACCESS REQUESTis your first call ,also remember send all letters by registered post
good luck let us know when you have sent it and we can keep track of your posts
patrickq1

i would suggest you continue payment unless you are in dispute wth them and reading your post you have no problems with them yet...

Originally Posted by nickd911

Thanks for the Info, I think i took the Ms card out in about 2004 applied on-line if that makes a difference?

Once the request has been made for a copy of the original document should I carry on paying them as normal?

Nick

Hi Nick, online signatures (the infamous tick in the box) were not accepted as a signature until Dec 2004, if your application dates prior to this then some sort of paper agreement is/was required.

S.

Originally Posted by nickd911

Sorry its taken a while, but I finally sent the SAR to BC on the 16th October and have recieved back copies of statements and a print out from an old dot matrix. But what I havent recieved is a copy of my credit agreament.

Alos the account is now with Mercers (due to 3 months of no work). Should I pay them or do I put the account in dispute? Does anyone have a template letter for this?

Lastly my aim of this is to get the debt written off, the path I was going to take is the DPA route. Is there a better way as taking this route I would presume I still need to pay them?

It took 6 months for the ICO to get Barclays to send me a copy of the agreement, too small and illegible to do anything with but they sent it.

If you want the agreement as part of the SAR then either complain to the ICO (they might be getting quicker, I dont know?) or issue court proceedings via the templates in the bank template library.

If you want the agreement via other means you could complain to the fos that Barclays have failed to send it in response to the s78 request.

Or you could just batten down the hatches and tell Mercers that until Barclays send the agreement they'll receive zill/null/nothing/nada. Template letters for this can be found in the DCA templates area.

The choice is yours as they say...................let us know which way you want to play it.

S.

Hi Nickd,

If you want to see your credit agreement, you have to start with a formal CCA request with the £1 fee.

You won't get the agreement in response to a SAR, nor will you get anywhere complaining that the agreement should be included with the SAR response.

Send off a CCA request now. See article 8 here - The Consumer Forums - debt collectors

You can tell Mercers the a/c is in dispute now because of penalty charges in the a/c balance.

Read up about claiming interest on the penalty charges in the Interest Tutorial in my signature below. Then make up a SOC using one of the spreadsheets.

If you have older penalty charges on the a/c and you claim Restitutionary Interest, you could get a useful sum back.

As yet, you have no grounds to say the a/c is in dispute because of a failure to supply the credit agreement. Even if they just send T&C's in response, they will have fulfilled their obligations under the CCA 1974.

BC/Mercers will put a default on the a/c pretty much regardless of whether you say it's in dispute or not.

The issue of penalty charges is a far stronger argument for them NOT defaulting the a/c. Because the a/c balance they quote will include unlawful penalty charges, this will make any default notice inaccurate.

However, getting adverse data removed from your credit records is difficult and slow. Read more on this in the Data Protection and Default Issues forum.

Also, see here - The Consumer Forums - Challenge a default on a disputed account

Originally Posted by slick132

Hi Nickd,

You won't get the agreement in response to a SAR, nor will you get anywhere complaining that the agreement should be included with the SAR response.

I did Took me 6 months but the ICO told them to send all info which included the agreement.

S.

Thanks TS.

Worth trying along with the other methods, to cover all bases.

When I raised this with the Site Team recently, I was told that the SAR does not cover the credit agreement because this is specifically dealt with by other legislation, namely the CCA1974.

Originally Posted by slick132

Thanks TS.

Worth trying along with the other methods, to cover all bases.

When I raised this with the Site Team recently, I was told that the SAR does not cover the credit agreement because this is specifically dealt with by other legislation, namely the CCA1974.

I think the problem is if they dont want to send it in response to a SAR then they dont have to... they can just send the information that the agreement contains because the DPA just says information about you must be sent, not the original form. They then tend to quote the CCA and say you must use that to obtain a copy of the agreement and they *are* correct you are only entitled to the information they hold under the DPA, not the specific format of that information, its just it would take them more effort to produce statements in a condensed format so they just send us copies and we then take it to assume they have to send copies of all documents they hold on us.

In the case of CITIbank they transcribed the info from my agreement to a sheet of A4 in response to my DPA, that was legal and to this day they havent supplied anything other than t&c to my cca s78 request.

In the case of Barclaycard they just sent statements originally to my DPA SAR, a complaint to the ICO and 6 months later they sent a copy of the agreement apologising as they say the copy should have been sent along with my SAR response..

I think its Barclays thats confused and the fact they deal with people differently.

So I would complain to the ICO if nothing else it shows the IC that they are not responding to DPA requests fully, the only issue is fos might be faster? (I know its like a race between a snail and a slug )

S.

the only issue is fos might be faster? (I know its like a race between a snail and a slug :grin