Thread: Manxcat2206 v BC Goldfish

I've made a start against both of these - one a BC Classic and the other a BC Goldfish, which was taken out back when it was just Goldfish.

I sent the CCA request and got back current T&Cs, credit limit etc (the same as others have posted on here).

I sent the account in dispute letter for each card and got back their standard letters explaining why they don't have to send the CCAs, but only the T&Cs, although their letters do say that these must be signed and must be the ones from when I took out the card (both are unsigned and current). Also that they don't agree that the accounts are in dispute.

I fired the next letter explaining S78 to them immediately and today, still just about 1 week overdue on the payments, I've had reminder bills.

I've also been getting up to 12 calls a day for the last 3 days saying I have an important recorded message from BC and to press any key to continue. Unfortunately for them, the answerphone picks up most of their calls during the day and I'm inexplicably drawn to the red button on the phone when I pick up their calls in the evening.

Having read through a lot of the forum before I started this, I know pretty much what to expect next. Just starting the thread now really so I can add in when I get more correspondence.

Hi Slick.

Thanks for sorting out my untidy posting.

I got another letter back stating that as far as they're concerned, they've already fulfilled the requirements under S78 and they're not going to send anything else.

My immediate thoughts on this are that if they had an agreement and they were certain it was valid, they'd just have sent it in the first place so either they don't have it or they think it's not been correctly written, regardless of their assertion otherwise. It would, surely, not be in their best interests to refuse to provide this and have me continue payments if they actually had a definitely valid agreement on file.

I'm going to SAR them at this stage, I think, as that way I can prove that I've done everything I can to obtain a valid agreement from them. I know there was PPI on the account originally and there's bound to be charges at various points, even if only due to postal delays when I've sent them cheques, but I need to see the agreement to find out whether the whole thing's unenforceable or whether I'm reclaiming PPI and charges. I'm keeping my options open on this until I see what they've actually got.

They've been phoning up to 12 times a day, every day. I've tried not answering and letting the answerphone pick up, answering and telling them they've to put whatever they want to say in writing etc but the only thing that seems to have had any effect at all on the frequency of calls has been to divert all incoming calls to my mobile and then actually choose to disconnect their calls without answering so they can tell that I've deliberately not taken the call. It's a little irritating to have to do, but it has reduced the call frequency a lot and actually today they haven't tried at all, although they did last Sunday. A word of caution though, they did try withholding the number on a few calls, but as all my friends and family's numbers come up, I was able to disconnect calls from 'no number' without thinking I might have stopped an important call from getting through. Not sure if this info might help anyone else who's being hassled by them all the time - might be worth trying.

OK, then they'll have a complaint against them under the Data Protection Act for withholding my data as well. But anyway how about if I send them the access request and the CPR request at the same time? Will I get the CCA then. I'm going to need the statements anyway as there's charges and PPI to be claimed back regardless. Will they send the agreement then or are they prepared to ignore all Acts and laws that don't suit them? I have to say I think they might struggle to find the agreement on this as Goldfish has been through about 4 banks since I signed the agreement and I've never been asked to sign anything new. Do they have to tell me if they can't find it?

Sorry, missed a bit.

I have been noting dates and times of phone calls and I did tell them about a week ago that I'd be recording all calls and that I was treating them as harassment because I'd already told them a number of times that I wouldn't speak to them by phone and they must put it in writing. Actually, since then I've not been answering their calls so there's not been anything to record.

Fortunately, now I've got all calls going to my mobile that's doing a great job of logging the times of any I miss.

Hi Slick. You're right, that's exactly what they've done. Precisely 6 years of statements and nothing else! New letter on it's way out to them

Hi

Not yet. Just back from holiday, so that's going to be my homework for the next couple of days. I know there's a few on there from times when they've changed the payment date so wanted 2 payments in a month etc

Well, that's made me sit up and pay attention! Just added up the PPI I paid before I cancelled it early in 2007 and it's nearly £2K before I even start adding any interest. And there's another 3 1/2 years' worth on there if I can persuade them to part with some earlier statements. The interest calculation's going to be evil to tackle, but clearly will be worth it as this alone will wipe a huge chunk off the balance and I can then continue to argue over the agreement on the rest.

Surprisingly few charges on the account - I must've been better behaved with my payment record than I thought. Maybe I've just remembered the few times I did get charged quite clearly. Still added them on though - might as well have everything back that I can.

Right, a fair bit happened since I last posted.

Went back to BC and explained that I was still missing a lot of info including the original agreement. Got a reply stating that they had fulfilled their obligations under S78 and demanding payment in full of the account.

Wrote back to them to say that it was no longer an S78 request and that they were in breach of the Data Protection Act by withholding my data.

They promptly passed the account to Mercers.

Mercers started phoning multiple times a day. Started off by refusing the calls, then went to answering the odd one at random and insisting on taking them through ID (amusing when the phone numbers they give you as theirs never match the one they're calling from).

Sent Mercers the standard letters - CCA, account in dispute, and revoking the right for them to call at the house.

Mercers have had the account for all of 2 weeks now and, today, I've got a card from them stating their intention to call at the house.

Am sending the 3 letters again, with a note stating that as the person who opened the original set clearly can't read, I'm forwarding copies. However, although the day and times they've said they'll call there will definitely be no-one home (day-time, mid week - what do they really expect), I'm actually really angry at this as they've already been told that if they want to finish this, they'll have to take it to court.

I'm not in the least intimidated by these idiots - they simply won't be coming in to the house (if they do turn up) and I'll have the police remove them from the property. However, I have a question. We're away for a large part of December. But we'll have a housesitter in. Can I actually prevent them from harassing the housesitter or do I just tell the guy to call the police if these people show up?