Thread: Gazab -v- BC Gold a/c

HI all I was on an agreed payment plan with barclayshark which i tempory had to stop as lost job so just paid token payments to them.
At the moment there is a hold on my account.

I had a number of hassleing phonecalls so I contacted hardship line at barclaycard. was told both accont on hold for month.

I have 2 Accounts with barclaycard one ex MSDW now barclaycard platinum and one barclaycard gold sent CCA requests for both two seperate letters both sent recorded with £1.00 PO on 28th August. I have continued to make token payments on each Account have heard didley squat from them since. No CCA arrived as yet no comunication either.

I was also wondering if they have broken rules on Data protection as I moved from rented accomidation in August last year and told Barclaycard my new address I was getting statments for both accounts coming to my new address however about may/june the statments for my barclaycard card gold stoped coming to my address.

When I contacted barclaycard about hardship re current unemploymentg I was told that the other account was registered at another adress after it took them about 10 mins to find Account details the address in question was a rented property.

I was told the onlyway I could change address was to go into a branch and fill in forms which is something i am unable to do as work as supply teacher and our local branch is shut on a saterday and i would have to travel about 10 miles to the nearest open branch.

Above all does anyone think they have broken data protection laws and also why no CCA or even terms and conditions sent what is the next step i need to take......

Please will you edit your post so that it has some fullstops and paragraphs. It is abit difficult to follow as it is.
Then we'll be able to try and advise you.

Hi Gazab,

I'll re-title this thread to show it's for the BC Gold a/c. There's also a new thread for you to deal with the BC Platinum a/c. Keep the two separate to avoid confusion.

Although it's annoying about the address confusion/error, I don't think you will help your current financial problems by pursuing the matter with the ICO.

Confirm to BC in writing that you contacted them by phone/letter last August giving your new address and have no idea why they changed the address back again.

Tell them you require their written confirmation that they now have the proper address showing on their records a/c. Tell them if they fail to change the address immediately, you'll make a formal complaint to the ICO.

Tell them you have no opportunity to go into a branch to do this, nor do you need to.

Finish by reminding them that have failed to respond to your CCA request (copy enclosed) and you expect their reply within 7 days.

If you don't have all the statements you need for this a/c, and you think there may be either penalty charges or mis-sold PPI, send BC one SAR to get your data for the two a'c's.

Hi Gazab,

Do a separate letter to cover each a/c. Save on postage by sending letters off in 1 envelope.

The exception is the SAR, where 1 letter covers all data held by Barclaycard (maybe even the whole Barclays Group).

Hi Gazza,

Send the SAR when you can. One will cover both a/c's and this should provide you with the info you need to see what charges you've suffered and any PPI on the a/c's.

See here - The Consumer Forums - Harassment

Also, have a look in the Debt Forums' Stickies - http://www.consumeractiongroup.co.uk...-forums-center

Hi Gazab,

I see on your other thread you've rec'd back data in response to your SAR. Do you have enough now to put together your claims for repayment of penalty charges and PPI.

They should be able to identify you by your name and address and supply a proper SAR response.

However, to help them, you could reply giving them the correct a/c no. so you get the data you require.

Hi Gazab,

1. Although they issued a new card with new a/c no., I don't think they'd have to start a new credit agreement for this. It would be a continuation of the original agreement.

2. This is normal practice.

3. They had less stringent lending policies in the past but, ultimately, you would be responsible for the level of spending on the a/c.

Hi Gazab41

as long as you have put the account in dispute because they have failed to send your agreement under the cca request,
you have got the fact that they havent supplied the requested docs on your side,
so the account is in dispute...they will call in mercers,debt managers etc because they do that to break you down,
phone calls will be automatic and to a point this is normal, I found,you may have to put up with this until they recieve the letters below,
you could ignore -recommended-.
I found if you have read up well that, and I know others wont agree,but Mercers seem to be or think the are more personal ,you can speak to a op 1 time only and simply explain,that the account is in dispute and you wont be paying anything to anyone unless they come up with the executed agreement-take there name and put the phone down..keep a note and add to a file for a later date.
IMO-of course.

either way send something like these out.

Mercers Debt Collections
PO BOX 55
Liverpool xx xx 2009
L32 8XX

Acc no xxxxxxxxxxxxx
Dear Sir/Madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY THIS ACCOUNT IS IN DISPUTE


I refer to your letter of xx/xx/09; the content of which has been noted.

However, a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by Barclaycard on xx/xx/09 and Subject to access with relevant fees .Barclaycard have been in Default since xx/xx / 2009 and until such times as they are able to honour this request, no payments will be forthcoming to anyone.

Under the circumstances, I suggest that you now liaise with your "client" company before contacting me again. Nevertheless, any further attempts to pursue payment on a disputed account will be forwarded to the relevant authorities without any further notice.


I NOTE YOUR INCORRECT USE OF A DEFAULT NOTICE (if needed)
To lodge a Default on my credit file Barclaycard need my signed consent (ie the CCA agreement) as they dont have it they or you will be breaking the Data Protection Act by doing so.I will vigorously contest this with the relevant bodies.
I trust that this letter clarifies both my position and your own.

Yours faithfully,


I would also attatch the following



Mercers Debt Collection
PO BOX 55 ACC NO xxxxxxxx-ACCOUNT IN DISPUTE
Liverpool
L32 8XX

Dear Sir/Madame

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
These have been made to my home and my work place,
I have verbally requested that these stop, and verbally told you of the account being in dispute but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

You are reminded of the following under The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Further to this all Threats of doorstep collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

Be further advised that any further telephone calls from your company will be recorded.


Yours faithfully,

GOOD LUCK.

Hi Gazab,

The balance you say has increased and I assume this is because they're adding interest again.

The amount they're demanding is perhaps for mote than one month of arrears.

The DN is ignorable as it comes from mercers and fails to given the Creditor's full name and address. Also, the balance includes unlawful penalty charges.

You can reply as Gary suggests above.

Also, I'd concentrate on the SAR and on the CCA request and leave BC/Mercers to get on with flapping around, like they do.