Barclaycard Re-action

[MikeSplicer]

I Recently made a start on my wifes cards and loans etc.

 

I sent a SAR to Barclaycard which was initially returned because I has transposed two digits on the account number. Obviously could have used the address but no.

 

So re-done and sent again

 

This months statment came and although we have an outstanding balance of £1356 and we have never missed a payment they have decided to reduce the available credit from £4000 to £1400 Just above what we owe.

 

Mmmmm Fighting back me thinks.

[MikeSplicer]

Wow also just been onto my online banking and my Barclays account always has a "pre-approved offer" of a loan upto 25k (in your account within 3 hours) and its gone "No Pre-Approved offers available"

 

I have obviously wound somebody up.

[powelll]

I think a lot of lenders are doing this to people they see as being in financial difficulty - I saw something about it on the news. They are advising that they are being responsible lenders in doing this.

 

Hmmm would be great if they were more willing to follow the Banking Code and treat people in difficulty sympathetically ie freeze interest & charges and accept reduced offers of payment where there is genuine hardship...

[Bookworm]

Well, that's what happens when you stir a hornets' nest. It would be interesting to see if they are doing this systematically now, as I am sur eI have seen others stating the same (not the pre-approved part, though, I never look at that! )

 

Nice avatar, btw.

[tonycee]

I have obviously wound somebody up.

 

Welcome to Barclaycard, a law unto themselves.

 

I would not trust these "people" one bit.

 

I sent S.A.R - (Subject Access Request) back in April.

Over last 6 months have received.

4 sets of statements (all incomplete).

600 page Full Data Protection Act Disclosure.

1000+ pages in total

 

And they STILL wont give me all the information that i am entitled to.

 

Be Warned.

 

Good luck.

[Belaflat]

Well the nice people at Halifax put my interest rate up from 14.9% to 19.9% for no apparent reason.

I responded by cancelling my PPI.

They responded by upping my rate to 24.9%.

Going nowhere fast now, just paying interest off on £4500

[tonycee]

Nice avatar, btw.

 

Yes, You could call it.

 

The dark side of Barclaycard

[MikeSplicer]

I think a lot of lenders are doing this to people they see as being in financial difficulty - I saw something about it on the news. They are advising that they are being responsible lenders in doing this.

 

Hmmm would be great if they were more willing to follow the Banking Code and treat people in difficulty sympathetically ie freeze interest & charges and accept reduced offers of payment where there is genuine hardship...

 

 

Thats just it we are not in Financial difficulty (not now anyway) we have a Barclaycard and a catalogue both with a just over 1k on each. we pay more than the min every month. I am just exercising our rights under the CCA more out of interest.

 

We have had problems in the past and we where sh@t on and bullied by DCA's to the point where we took out a second mortgage and paid them all off. I was very green at the time and did not even ask for a F&F paid the lot, so you can see why DCA's and Banks etc are not my most favorite people. The reason I found this site was because I am being Chased by NCO for a non existent debt.

[MikeSplicer]

Yes, You could call it.

 

The dark side of Barclaycard

 

 

Very Clever

[Bookworm]

And I bet you're thinking to yourself: "If only I had known then what I know now" huh....

[MikeSplicer]

And I bet you're thinking to yourself: "If only I had known then what I know now" huh....

 

 

Very True If I had found CAG then I would have saved myself about 15K minimum:o

[tonycee]

Very True If I had found CAG then I would have saved myself about 15K minimum:o

 

Now you have, can i politely suggest you S.A.R - (Subject Access Request), CCA Request, everybody else you think might have bullied you over the last 6 years.

 

You never know.

 

[MikeSplicer]

Now you have, can i politely suggest you S.A.R - (Subject Access Request), CCA Request, everybody else you think might have bullied you over the last 6 years.

 

You never know.

 

 

 

If I don't owe them anything would there be a point?

[tonycee]

If I don't owe them anything would there be a point?

 

Yes, every point, they might owe you.

[MikeSplicer]

Yes, every point, they might owe you.

 

 

Charges?

 

I would first need to get the account numbers which are now no longer on my supplied Credit File, which would mean SARing Experian etc

 

MMMmmm Think I have just talked myself into it.

[tonycee]

MMMmmm Think I have just talked myself into it.

 

 

Thats the spirit.

This link MIGHT help to. And its free.

 

BBA - British Bankers' Association - Dormant accounts

[MikeSplicer]

Thanks TC

[MikeSplicer]

Finally Received an alledged CCA from Barclaycard today besides the fact that its totally unreadable and seems to be a application form they even admit in the letter thats its an Application Form/CCA Agreement in one and IS enforcable. I would like to say it does not have the prescribed terms but I just can't read it to make the judgment. Does it not state in the ACT that the "True Copy" should be legible?

 

Is there a template that I can respond with on this (calling Curley Ben the template Guru)

 

Thanks

[pt2537]

Finally Received an alledged CCA from Barclaycard today besides the fact that its totally unreadable and seems to be a application form they even admit in the letter thats its an Application Form/CCA Agreement in one and IS enforcable. I would like to say it does not have the prescribed terms but I just can't read it to make the judgment. Does it not state in the ACT that the "True Copy" should be legible?

 

Is there a template that I can respond with on this (calling Curley Ben the template Guru)

 

Thanks

Hi Mike,

 

Well not exactley in the Act but in the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

 

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

 

 

so if you cant read it then it dont comply

 

regards

paul

[MikeSplicer]

Thanks paul

[MikeSplicer]

Comments on the letter below appriciated...

 

14 January 2008

ACCOUNT IN DISPUTE

 

Dear Ms. XX

 

Account/Reference Number - XXXXXX

Thank you for your letter dated 07/01/2008 the contents of which are noted

 

 

I am disappointed that you seem to think the document that you have supplied meets your obligation under the Consumer Credit Act 1974. Apart from the fact that the document you have supplied is illegible. It does not seem to have all (if any) of the prescribed terms as laid out in the said act, although it’s so hard to read I am unable to make this call.

You should be aware that The Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 state:

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

Also as you should already be aware the Consumer Credit Act allowed 12 working days for a request for a true copy of a credit agreement to be carried out before you entered into a default situation. This request was not satisfied and after a further 30 calendar days you committed a summary criminal offence. (These limits expired on 24-Oct-2007 and 5-Dec-2007 respectively) and since you still have not supplied a legible agreement this account became unenforceable at law. But throughout and since this time even though I have not been obligated to I have been making payments and you have still been adding interest to the outstanding balance and have also applied some charges.

 

As of the date of this letter I will not be making any further payments to you until you provide me with the legible document that I have requested and it includes all the prescribed terms. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

However it seems that the longer this drags on the better it is for yourselves since Interest and charges are accumulating while you procrastinate. I will soon be in a position to pay a reasonable amount to close this account and lay this matter to rest. I am prepared to offer £200 without prejudice in full and final settlement of this account. I would be grateful for your response within the next fourteen days, but would like 31 days from the date of your response in order to gather the funds and make the payment. I would also like any credit reference agencies that you use updated to show that I have settled this account.

Regards

[MikeSplicer]

BTW I owe 1400

[MikeSplicer]

Any Comments?

[pt2537]

seems ok to me Mike

 

after all the copy sent is non compliant with the copy docs regs so IMHO they have yet to discharge their obligations under the CCA

[MR2Phil]

Barclaycard did exactly that to me, but only after I paid the outstanding amount off in full...it was about £750 and they reduced it to £240 (random, why not £200 or £250?!)