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  1. #1
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    Exclamation Gazab -v- BC Platinum 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 conditionsicon sent what is the next step i need to take......


  2. #2
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    Default Re: Gazab -v- BC Platinum a/c

    Hi Gazab,

    I've copied your post and started a new threadicon here to deal with the BC Platinum a/c. This will keep events on the two a/c's separate and avoid confusion.

    I've replied on the other thread already about the BC Gold a/c.

    Write to BC to confirm that they are in default by failing to respond, in the time specified, to your CCA request.

    Adapt and use this letter - http://www.consumeractiongroup.co.uk...ml#post1805429

    If there are any penalty charges or mis-sold PPIicon on the a/c, you should reclaim these. If you require statements for past years, send a SARicon.

    Remember one SARicon will cover BOTH a/c's.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

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  3. #3
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    Default Re: Gazab -v- BC Platinum a/c

    Thanks slick will now sent reminder letter to confirm they are now in default and will sort out a SARicon in next couple weeks when I have bit more cash


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    Default Re: Gazab -v- BC Platinum a/c

    Hi All Barclaycard have been very quiet till Sunday 27th sept when I had first one missed call then another followed by a call that my partner answered as i was in shed then I got on phone stated i was who i was then phone went dead.
    Anyway Had another call about 6.15 and I stated dOB security call about both Barclaycard Accounts anyway stated I had sent CCA requests and these were signed for on 1st Sept and that they are in default told letter sent in response of this I reckon terms and conditionsicon of someother useless junk.

    I had a feeling of a minor victory when he stated that there would be no more harasing phonecalls and that they would wait for my response Which i reckon will be a SARicon and request for an agrement thats enforcable(or pref not Barclaysicon priceless.


  5. #5
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    Default Re: Gazab -v- BC Platinum a/c

    Hi just to let everyone know dispite my apparent minor victory about phonecalls and account would be put on hold until I had recived barclaycards response no calls on monday but they resumed in earnest on tues first at 11.29 am which i answered then phone was put down there end followed by 2 missed calls one at 5.25pm and another call at 8.41pm I am still awaiting for thier response allegedly sent out on friday see if it arrives tommorow in the meantime is there a harasment letter I can use thanks


  6. #6
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    Default Re: Gazab -v- BC Platinum a/c

    Hi Gazab,

    See the links I put on your other thread.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  7. #7
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    Default Re: Gazab -v- BC Platinum a/c

    Hi all I have just had this threating letter from barclaycard ex MSDW I have left the amounts on as they seem a bit weird I made payment of £15 in July spoke to hardship line in August told hold you be put on account made 1 payment of £1.00 at end of Aug have not paid anything yet this month sent CCA request end of Aug arrived with Barclaysicon on 1st september signed for I need to send CCA not recived letter anyother advice gratfully recived . the figure is also wrong as in July I owed £2336.33 only paid £1.00 in August what do you think i should pay them if anything and do you think they can default me like this help please




  8. #8
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    Exclamation Re: Gazab -v- BC Platinum a/c

    just to add have had harasment calls every hour or two starting just after 8 this morning have contacted fosicon who have told me barclaycard have breached some regulations.
    I have cca not recived letter to go off tommorow morning aswell as telephone harasment letter and a Subject access requesticon.
    I plan to reclaim all PPIicon and other unfair charges as this should take my balance to £0.00 by my reckoning.
    I just wonder what everyone thinks about threat of default when states i need to pay £0.00 by 7th October.
    FOS told me that letter is golddust thats why i have left figures on letter.

    In July my balance was £2336.33 so where they get £2359.33 is beyond me was told on 29th August Account would be held for upto 2 months (hardship) then I would have to recontact to sort out(no charges added) they would appear to have added £23.00 I paid £1.00 end of august so the figure should be £2335.36 what do you guys think it seem odd where has the £23.00 come from thanks all


  9. #9
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    Default Re: Gazab -v- BC Platinum a/c

    The £23 difference may be 2 penalty charges of £12 each, less the £1 payment you made.

    See posts 2 and 4 here for possible letters to say the a/c is in dispute - http://www.consumeractiongroup.co.uk...ml#post1805315

    The letter from BC is just a warning that they will send a default notice. So the error in this letter about wanting a payment of £0.00 is not really important.

    Get the SARicon off tomorrow for sure - this will get you the data you need to reclaim charges and any mis-sold PPIicon.

    The reclaiming process will put the a/c unquestionably IN DISPUTE, so any Default Notice sent which contains unlawful penalty charges in the amount demanded will be inaccurate and invalid.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  10. #10
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    Default Re: Gazab -v- BC Platinum a/c

    thanks slick just a quick question the SARicon template letter in libary for DCAicon is this one ok for what I want


  11. #11
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    Default Re: Gazab -v- BC Platinum a/c

    This should do it - http://www.consumerforums.com/resour...access-request-

    As always, adapt any letter you use to reflect your own case.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  12. #12
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    Default Re: Gazab -v- BC Platinum a/c

    Thanks again slick well today have recived another of those letters posted above for the other account and a statment showing the £1.00 token payment I made but also adding late fee of £12.00.
    The amusing thing mind is that the statment asks for £29.00 now making up for missed payment from August and september even though was told in August that account would be on hold till 26th September so would not need to pay anything till then as not earning at present.

    The thing I find amusing is that the statment says please pay £29.00 immediately followed by your agreed monthly payment of £44.00 to reach us by 20/10/09 however my agreed payment has always been £15.00.

    So lets work this out £44.00 is made up of £14.00 from August and £15.00 plus £15 for october so there letter in post #7 is silly and makes no sense seeing as they ask me to pay £0.00 by the 7th October to avoid default notice do Barclaycard not know what they are doing.

    So today I have sent off the following Formal complaint letter relating to lack of supply of CCA for both cards 2 telephone harrasment letters and one SARicon to cover both accounts I have signed with a signiture I have never used ie initail and surname and then put lines through so as it would be imposibel to lift and if they tried to would take out injunction and prove it was not a signiture i use is this the right way to do it anyway they now have 40 days for SARicon and the clock is ticking on CCA is the next stage CPr 3.14 any advice apriciated


  13. #13
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    Default Re: Gazab -v- BC Platinum a/c

    When they fail to provide the agreement and say they've complied by sending you their T&C's, your next step is to use the CPR 31.16 strategy.

    Only do this, however, if you are prepared to make a court application on N244icon and see it through.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  14. #14
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    Wink Re: Gazab -v- BC Platinum a/c

    Hi Slick thanks for that just a question on CPR stratergy any idea on costs involved and how long process takes and would there be anyway I could Sue Barclaycard for any stress this issue has caused.

    2nd point do you think they could get away with defaulting me when that letter states £0.00 and how long do you think barclaycard will take to get Subject access requesticon to me also how would I get data for my entire history so as I can work all unfair charges if they only send last 6 yearsicon of statments as that is not full picture of account.

    thanks again


  15. #15
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    Default Re: Gazab -v- BC Platinum a/c

    Hi Gazab,

    If you haven't read smt37's thread, do so - http://www.consumeractiongroup.co.uk...-goldfish.html

    Not sure about the N244icon fee but think it may be £75.

    Forget about suing for stress - this would be complicated and probably involve a Fast or Multi Track case where costs would be a serious issue.

    Forget about the £0.00 error in the letter - this is only important if they get the Default Notice wrong (which it will be anyway, if it includes unlawful penalty charges).

    They have 40 days to comply with SARicon. When that's up, see articles 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

    They'll only supply 6 yearsicon of a/c statements - getting them beyond this is tougher as they are apparently now destroying the older data. If it's retained on Microfiche, they should still supply it.

    Can you please use a bit more puntuation like full stops and new sentences. It makes posts so much easier to read and reply to. Thanks.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  16. #16
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    Default Re: Gazab -v- BC Platinum a/c

    Thanks Again Slick yeah get the message about punctation.
    It should be a lot better after all I'm a teacher, thanks again and yes I may just have to take them to court over stress,
    if not for me then all the people that that have really suffered at the hands of these institutions dependent on cost mind if more then a grand don't think i could do it.

    PS I am determined to get all data they hold on me as even the early stuff will be archived somewhere trust me.

    I worked for a company with multi million pound turnover and they had documents going back well over 30 years which had been transfered via scaning linked to database.


  17. #17
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    Exclamation Re: Gazab -v- BC Platinum a/c

    Hi all well sent cca request back at end of August arrived with Barclaycard Northampton on 1st september.
    I sent Letters reminding them the Account was in Dispute as well as a SARicon last week. Today I recive what I would proberbley describe as Junk, rubbish and certainly Not Envioremently Friendley 2 letters and 2 sets of T/C although the one puports to be an Agrement.

    The one runing to 6 pages printed on one side only says its an agrement however on last page you have a referance TC43/05/00 which points to it being terms and conditionsicon RE May 2000 any way I have put all these including the 2 letters on here.

    The other thing relates to my Subject access requesticon which has had a strange response as I made a mistake on card number of one account card missed digit out this will be posted on the barclaycard gold card post again if some one could advise on this would be greatful thanks

    all scans of MSDW BC platinum card docs below...


    Letter 1 page 1 and 2

    http://i801.photobucket.com/albums/y...9/exMSDW-1.jpg

    http://i801.photobucket.com/albums/y...2009/msdw2.jpg

    Terms and condition document all A4 single sided porports to be credit agreement 6 pages

    http://i801.photobucket.com/albums/y...tandcpage1.jpg


    http://i801.photobucket.com/albums/y...tandcpage2.jpg

    http://i801.photobucket.com/albums/y...tandcpage3.jpg

    http://i801.photobucket.com/albums/y...tandcpage4.jpg

    http://i801.photobucket.com/albums/y...tandcpage5.jpg

    http://i801.photobucket.com/albums/y...tandcpage6.jpg

    All the above are single sided blank on rear

    Now other Letter Current T & C

    http://i801.photobucket.com/albums/y...ardletter2.jpg

    new terms and conditons 2 pieces paper one double sided

    http://i801.photobucket.com/albums/y...rmspage1-1.jpg

    http://i801.photobucket.com/albums/y...termspage2.jpg

    http://i801.photobucket.com/albums/y...xmsdwpage3.jpg

    Again I sent dispute letter of last week as nothing arrive what should I send now thanks


  18. #18
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    Default Re: Gazab -v- BC Platinum a/c

    Just checking in- sorry Ive not been here, Ive had some work to do on my own claims.

    Yeah, keep that £0.00 balance letter safe....

    Now then, I was in the same position as you 12 months ago.

    1) Have you sent you SARicon yet? If not get it away as soon as possible, like now or tomorrow. It will have lots of stuff to clobber them with.


  19. #19
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    Default Re: Gazab -v- BC Platinum a/c

    So they havent even sent anything with your signatureicon on it?

    Not even a photocopy of you application form?

    Its game over for them.

    They will carry on with the idiot monkey calls until you file your claim for charges, PPIicon and interesticon levied thereon- this is why you need your statements from them, ASAP.


  20. #20
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    Exclamation Re: Gazab -v- BC Platinum a/c

    yes I did send SARicon for both barclay gold card and this ex MSDW card.

    However I managed to accidently leave a digit out of the gold account number, they have sent me a strange letter back along with my orig Subject access requesticon letter which has been date stamped any advice in how i respond would be gratefully recived thanks

    SAR request Letter in response from Barclaycard
    http://i801.photobucket.com/albums/y...b_2009/sar.jpg

    My orig SAR letter page 1(returned note the date stamp)http://i801.photobucket.com/albums/y...9/sarpage1.jpg

    My orig SAR letter page 2(returned)

    http://i801.photobucket.com/albums/y...9/sarpage2.jpg



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