re: barclaycard goodwill gesture

[antz99]

opinions of next step to take would be helpful as want to decide ofmy best course of action.

 

thanks

[slick132]

Hi Antz,

 

Carefully adapt the following letter (courtesy of CurlyBen) to reflect your own case.

 

Edit - see new letter below

Edited August 15, 2008 by slick132
rethink

[antz99]

thanks slick and hope you are well...

 

I have drafted a letter that is very similar to this and I believe this is the correct action.

 

I obviously do not owe anything but intended to CCA Bc for the default markers which we have earlier discussed, so Omitting certain parts of this letter as you said is needed. Is there anything that you feel in your opinion that I could include to it for my situation.

 

thanks

[slick132]

You may take some of this and weave it into your letter but make sure it makes overall sense.

 

Edit - see new letter below at post #32

 

 

If you're not sure how it looks, I can post the whole of the 2nd letter if you haven't seen it elsewhere.

Edited August 15, 2008 by slick132
rethink

[antz99]

Hi slick..

 

to be totally honest bit confused bout what parts of the two letters to include...

[slick132]

Hi Antz,

 

No probs - I've got to go out now but will sort this for you tonight or tomorrow. Hang on till then. ;-)

[slick132]

This should do for you, but check it through and amend to suit your own case as necessary. It focuses on the area of defaults and removal thereof.

 

Dear Sir/Madam,

FORMAL COMPLAINT

Account No: xxxx xxxx xxxx xxxx

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Please note you may consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[antz99]

Hi everyone

 

sent the letter that slick helped me put together above special delivery on the 26/08/08

 

so was received on the 27/08/08 still not had a response from BC they are ever so close to the deadline .If they think I will just go away they are very much wrong

 

I am reading alphageeks thread and am pleased for the result that he has got, would really like if possible to have some assistance from alphageek and obviously as ever the wonderful slick.

 

thanks Guys

[antz99]

would appreciate some advice, just looked at the royal mail website have a confirmation of delivery and also signed for

thanks

[slick132]

Hi Antz,

 

BC and all the other financial institutions tend to ignore deadlines unless there are serious consequences - even then, they don't tend to act with any great urgency.

 

Getting Defaults removed is a long and slow process and you need to research the subject here to see what your next moves should be - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

Read threads and go through the Stickies at the top of the forum looking for threads that you think are likely to be off help to you.

[Alphageek]

Hi Antz,

 

B/Card were pretty quick in sending my "agreement", so I can only think they may not have one for you.

 

Did you apply online?

[antz99]

Hi alphageek,

 

thanks for the reply..

 

I did not apply online, applied in 2003 at a very small and horrible branch near to where I live

 

IN your opinion What do you feel I SHOULD do now as they received my special delivery on the 28th August 2008 which I have seen on the PO website that they have signed for this was my second reminder letter about them sending the CCA as you can see above that Slick helped me put together.

 

It gave them 14 days which they are very close to now.

 

I believe they obv do not have a CCA for me on file and are trying to ignore my requests and believe I will just go away.

 

thanks for your help

[antz99]

thanks Slick will read through the Threads..

 

Are you telling me B/C can just simply ignore my requests for a CCA.. do they do have to supply me with one when asked?

 

Its all a bit strange as to why they have not sent it out to me ?

 

AAntz

[slick132]

They DO have to comply with your request.

 

However, the reality is that there are no serious consequences if they fail to comply promptly and they take advantage of this by responding slowly.

[antz99]

Oh Ok my bad was a bit confused

 

as always...... very helpful

 

So you think I am just playing a waiting game with B/C now? I know I could write to the obudsman but they will take even longer wont they to act.

 

I will not just give up.. will have to decide my course of action.

 

In your opinion what do you think are my options

[fiestychick]

Hi Antz

 

Just skimmed through your thread. Glad to see you got your charges back, and I can see you are no waiting for your CCA. Is this in regard to your PPI charges i.e. to prove you agreed for this to be added to your account?

 

Thanks

[antz99]

Hi Fiesty

 

Ye still waiting for my CCA from B/c they have are down to their last few days ..

 

In regard to Why?... I am seeing what comes up and what they can produce? I will debate about PPI and also missed payment credit markers which mounted up as they kept applying late payment charges which escalated and had a domino effect as I was constantly chasing my tail.

 

IT caused me some serious hardship the past few years.. They paid me all these back though which I guess is good.

 

have you claimed back any charges from B/C

 

Antz

[slick132]

If you're determined to see this through, BC will respond, sooner or later.

 

However, don't be too fixated with these deadlines. Let the deadline pass, give them a few days extra and THEN decide on your next move.

 

If they don't reply, you can write to them enclosing copies of your earlier letters, demand a full response within 7 days or you'll report the matter to the FOS.

 

Just trying to save you from stalking the postman every day !!

[antz99]

Afternoon all...

 

I just received a response back from BC

[antz99]

sorry pressed enter by mistake ooppsss

 

You were right Slick left it to the last minute ..

 

As I thought they would from reading threads on this site .. they have sent me three pieces of paper one saying

 

barclaycard conditions

 

financial and related conditions

 

barclaycard credit agreement

 

SO NO ACTUAL CREDIT AGREEMENT FOR ME !!!

 

The covering letter states they have included

 

+ A COPY OF YOUR ORIGINAL BARCLAYCARD AGREEMENT AT TIME YOU ENTERED INTO YOUR AGREEMENT

 

AND

 

A COPY OF YOUR CURRENT BARCLAYCARD AGREEMENT

 

I have not received any of this just copies of their terms and coditions hmmmmmm

 

 

It does say at the end you will be receiving your next statement shortly(that is not my credit agreement )

 

WHY HAVE THEY NOT INCLUDED THE ACTUAL AGREEMENT

 

Have they got it !!!!

 

ANTZ

[antz99]

do the site team feel it will help to get some more opinions if I move my thread to another topic ? maybe legal section ?

 

If so can you move it?

 

Would like some opinions thanks guys as always

[slick132]

Hi Antz,

 

So what exactly did they send under the third heading "BC credit agreement"

 

Your thread is just fine here I think.

[antz99]

absolutely nothing

 

Do you think the clever people at B.C forgot to put it in......

 

OR

 

Has B/c not got one and thought they would just try and say it was included???

 

whats your opinion ?

[tinkerbell20]

absolutely nothing

 

Do you think the clever people at B.C forgot to put it in......

 

OR

 

Has B/c not got one and thought they would just try and say it was included???

 

whats your opinion ?

 

 

Write back and tell them it was not enclosed & give them 7 days to respond oy you'll complain to the ICO

[antz99]

thanks tinkerbell

 

have you heard of them not enclosing a CCA before ?

 

Will send special delivery as ever to the person that sent the letter