Thread: Barclaycard (ex morgan stanley) No CAA

I have been following this forum for a while and need some advice.

I had an account with Morgan Stanley, which was taken over by Barclaycard.

This year due to the current market, my income fell and I could no longer afford payments. I started receiving a number of calls from Barclaycard despite me asking Morgan Stanley/ Barclaycard to remove my telephone numbers last year (Got fed up with sales calls). Each time I asked them to stop calling on my phone, and to put any correspondence in writing.

On the 27th April I wrote to them using the data protection Subject access request and to ask them to put things in writing only. I also asked them again in writing to stop calling.

Whilst they sent me some of the information requested, they did not send me a copy of the CCA and terms and conditions. I logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details and did not send me all the information requested under my access request.

I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 7.

They promptly sent me back an unsigned terms and conditions from Barclaycard stating that they had forfilled their obligations under this request. (Only thing was, the terms and conditions were for Barclaycard 2004. The account was with Morgan Stanley at that time)

I have sent them a letter advising me that this was not acceptable and not the information they are legally obliged to send.

They have written claiming that the cca has been sent. To date, this has not been sent. I also have another barclaycard account. The same thing has happened. Only Terms and Conditions sent, no cca.

Any advice or counter letter would be appreciated. I have attached the letters they have sent. I understand that they have 12 + 2 working days, which we are outside of, plus one calender month to send this. This expires on the 1st August.

From reading the forums, it would appear that a number of people have had the same experience. How come Barclaycard can get away with this and not comply with the consumer credit act or data protection act?

Subject access request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act.
There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for.
There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes.
Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort".
This is untrue. Disproportionate effort refers to something else under the Act.
If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes.
Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it.
If you have not started gathering your bank charges information yet, then you should start now.
There will soon be a big rush once the OFT test case has been settled.
Get all of your bank account informtion as far back as possible. At least as far back as 1995.
If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

I know. I wrote to them and they wrote back saying that they had sent it. Never had, just their terms and conditions from 2004. The account was with Morgan Stanley then.

What are the rules on section 77/78. Most forums say that they should reply within 12 (+2) working days with a copy and then a calender month before they commit an offense. What happens if they continue action and apply further charges and interest whilst the account remains in default.

Looking at the sites, this appears to be barclaycards tatics. Has anyone reported this to the oft or trading standards?

I have also requested the original cca document under the data proection act and they have not produced it then. (Outside the 40 day rule) I pointed this out to barclaycard about this request under the data protection act but they claim they are acting within the law.

What are the rules on the Civil Procedure process?

I am trying to sort my finances out and Barclaycard are delaying this.

Any suggestions on a letter? Lots of questions but I want to get this sorted!

Hi

Sent Barclaycard a notice that they are in default of my cca request and that they had until the 1st August to produce a valid signed cca agreement, not terms and conditions.

I also included a cpr request as well. Their response?

No letter, only a phone call from Mercers stating that they had forefilled their responsibilities, did not want to know about a signed cca agreement and said that the terms and conditions were all they had to send. Mercers threatened a doorstep visit and hang up when I advised them that the terms and conditions sent were for barclaycard, not morgan stanley.

Already done. Wrote a similar letter. They just ignored it.

Just had mercers on the phone yesterday, making threats about home visits. They again stated that barclaycard had sent me all they legally had to send (Only T&C). Did not want to know about a signed credit agreement or the fact that this account is in dispute. I also advised them that I would report both Barclays and them to the oft and trading standards. They did not care and had the attitude "so what, we are still going to pursue the debt and keep calling you as we can and are not breaking the law". Still would not acknowledge that the t&c's sent were for barclaycard, not morgan stanley.

Nothing to talk about. I am going to use a debt charity to help with some of my finances.

I am looking to apply for a court order to get barlcays to produce my signed agreement to see if it is enforceable or they have one. If they do not have one, then Barclays cannot enforce it. Will leave an offer as a last resort. Barclays and Mercers are being very arrogant and not conforming to my lawfull requests.

I am also going to send in complaints to the oft, information commissioner and so on.

After I sent Barclaycard another letter, stating that they had not sent me the orginal agreement using the pre court protocals, Mercers have dropped this and they have now passed this onto another debt collection agency. They are now making 2/3 calls aday, and leaving these meggases on bt's sms text messaging service. The phone keeps ringing as late as 9.30 at night.

Click on my username and find my threads. Look for for my Morgan Stanley Barclaycard CCA thread and see how I dealt with them.

Any PPI on your account?

Heres the link to save you the bother- I know how awkward CAG has become.

http://www.consumeractiongroup.co.uk...-received.html

I went through this with Sharkleycard last year. Hope this helps.

No PPI

Went quiet for a while. Then I started receiving letters from Mercers again, then Calder Finance, then Debt Managers.

Each time I have made a formal complaint, asking for a copy of their complaints procedures,they have upped the degree of threats and ignored my complaint. The most recent one was threatening action in Rotheram county court.

Whilst not holding my breath, I have written to the Oft, my local trading standards, Banking Code Compliance board and the Financial Ombudsman. Any other ideas?

They have already sent me a letter saying it is their final response.

Now had a letter from Debt Managers stating that they are closing their file. Probally togo back to Barclays, then onto another.

Waiting to hear from the fos. Anyone had any experiences with them. From what I have been reading about them the last few days, they seem useless and do not answer the complaint.