Thread: Rascal v Barclaycard

I recently sent an SAR with the usual request - statements, transactions, agreements, PPi policies etc. After the 40 day deadline I chased and chased Barclaycard then sent them a letter in writing saying I was passing it to the information commissioner. I then get a letter saying they had sent all the information - so I wait another week or so given all the postal strikes etc. Nothing. Give them a call to see whats going on and find that the information went to my previous address.

Get home this afternoon to find envelope from Barclaycard.

Contains:

massive print out on 80's style computer paper with a load of codes detailing my account - no transactions.

Few letters from them dated 2005 onwards regarding credit limit changes, cancellation of ppi payments etc.

No agreement.

No terms and conditions.

A load of blurb about how they come to credit decisions.

A letter addressed to someone else regarding the consumer credit counselling service.

Letter from B'card text reads as follows:

.....The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.

As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or debt management Agency.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

Yours sincerely

Kimberley Crosby
Barclaycard Customer Services"

Well.... what do you think to that then? Yes the account is with a dmp - it formed part of an IVA in 2005. My Insolvency Practitioner has no details of any transactions I ever made on the account merely the amounts that I defaulted etc. The debt was sold on to Max Recovery just after the IVA in 2005.

Fobbed off or WHAT?

Rascal.

Originally Posted by rascal

I recently sent an SAR with the usual request - statements, transactions, agreements, PPi policies etc. After the 40 day deadline I chased and chased Barclaycard then sent them a letter in writing saying I was passing it to the information commissioner. I then get a letter saying they had sent all the information - so I wait another week or so given all the postal strikes etc. Nothing. Give them a call to see whats going on and find that the information went to my previous address.

Get home this afternoon to find envelope from Barclaycard.

Contains:

massive print out on 80's style computer paper with a load of codes detailing my account - no transactions.

Few letters from them dated 2005 onwards regarding credit limit changes, cancellation of ppi payments etc.

No agreement.

No terms and conditions.

A load of blurb about how they come to credit decisions.

A letter addressed to someone else regarding the consumer credit counselling service.

Letter from B'card text reads as follows:

.....The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

Please find enclosed a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.

As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Recovery Team or debt management Agency.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

Yours sincerely

Kimberley Crosby
Barclaycard Customer Services"

Well.... what do you think to that then? Yes the account is with a dmp - it formed part of an IVA in 2005. My Insolvency Practitioner has no details of any transactions I ever made on the account merely the amounts that I defaulted etc. The debt was sold on to Max Recovery just after the IVA in 2005.

Fobbed off or WHAT?

Rascal.

Information Commissioners Office then... here is the link...

Complaints - Information Commissioners Office

aa

Another letter this morning, this time from Mohammed Jafar (I was quite gobsmacked at the tone - I think its really @rsey!)

Dear Mrs X

Reference: Section 78 of The Credit Consumer Act 1974

I write further to your recent letter alleging that we have failed to comply with our obligations in relation to your request for documents pursuant to Section 78 of the Consumer Credit Act.

Please note that we have already set out, in detail, why we are satisfied that the documents already provided to you have discharged out obligations under the Act. We are under no legal obligation to provide any further documentation to you in this regard.

Yours sincerely

Mohammed Jafar
Barclaycard Customer Services


Question:

In the bundle that I now send to the ICO do I take copies of the computer print outs they have sent me? Theres about 150 pages but none are really relevant - they are just pages and pages of codes and where I have changed my credit limit etc. there are no statements or anything.

Have just sent my bundle off to the ICO. Gave them a call to see how long things are taking - they are currently dealing with the backlog from March/April period. Should receive acknowledgement within 3-4 weeks but probably wont hear anything else until at least April . Oh well... sit and wait I guess.

Have heard back from ICO saying they are dealing with my complaint, apologising for the delay etc. and stating it should be dealt with within 6 weeks or so.

FINALLY heard back from ICO who have deemed that Barclaycard have fallen fowl of my SAR. Been ordered to provide me with my statements etc. ASAP. Got to contact the Office of Fair Trading to pursue my claim that I want my credit card agreement though. They have 28 days to respond to the ICO request. Tick, tock, tick, tock....

Yes I did. Which they cashed. They sent me everything except my statements and credit card agreement - they are USELESS.

I've just had a pack back from Barclaycard after the Information Commissioner intervened and have had back 6 years worth of statements - there are loads missing as they have literally dated it back 6 years. Ive sent them a letter today asking for the remaining ones but in the meantime do I go back to the Information Commissioner and tell them they have still not replied sufficiently?

Today submitted my complaint to fos. Fingers crossed for a speedy reply.

Just updating Barclaycard sent me through a questionnaire after fos got in touch with them - saying they aim to get back to me in 4 weeks. Thats in 2 weeks time so fingers crossed should hear soon.

You are on the right road Rascal

keep at them for the information they have not provided and keep the Information Commissioners Office updated with what is happening or not happening.

The more pressure you exert through the ICO, fos, FSA, OFT the better! Keep them on their toes they owe you. You do not owe them

aa

Barclaycard offered me my money in Full and final and I supposedly have 2 weeks to accept this. Thing is Im not discharged from bankruptcy until mid January so Ive decided to try my luck and wait in accepting their offer. I know I have six months to raise it with the fos if Im still not happy so Im taking a leaf out of Barclaycard's books and bending the rules to suit myself. Nothing ventured nothing gained.