8 yr old Barclaycard debt - any advice would be much appreciated

[Is this ok?]

Never ring them.

 

When they transfer a balance to a DCA they write it off as a tax loss, it may be that balance they have sent you.

 

This could get interesting as you have been paying this debt since 2000 and they will only send you statements of account of the last 6 years.

 

Nudge me tomorrow to read through the whole thread again.

 

JOgs

 

 

Hi

 

The debt went over to Mercers (are they a DCA) I think 2 years after the repayment plan was set up. I'm not sure as I say because there has been no contact from any of them.

 

The repayment plan has been running for a total of 8 1/2 years & to date I have been given statements from July 2002 - May 2007 so there are 2 years worth at the beginning missing & they are now saying that the account was nil as of May 07 & no statements were produced after that.

 

Do I have a claim for the money that I have paid them since the 2007 zero statement?

 

How do I nudge you? Is there a nudge button on here I don't know about.

 

Thanks Again

ITO

Edited December 11, 2008 by Is this ok?

[Is this ok?]

Hi JOgs

 

You said to nudge you today & you'd kindly read through my thread again. Other than pm you I'm not sure how I should nudge you. It does state on the welcome page stickys not to keep pm'ing helpers as they get inundated. So I've 'nudged' you here.

 

I would love your opinion on where I should go with it now.

 

 

BC received my SAR & CCA requests yesterday, I checked on the Royal Mail site.

 

Thank you

[havinastella]

Hiya,

 

Reread the thread, we'll have to wait and see what they return to you via the SAR request and go from there. Hopefully they will send a full and comprehensive request (LMAO)

 

40 days and waiting

 

JOgs

[Is this ok?]

Hiya,

 

Reread the thread, we'll have to wait and see what they return to you via the S.A.R - (Subject Access Request) request and go from there. Hopefully they will send a full and comprehensive request (LMAO)

 

40 days and waiting

 

JOgs

 

As always thanks JOgs

 

Will start counting down the days.

 

ITO

[Is this ok?]

Decided today to check my experian credit report.

The default form Barclays (entry C12) has mysteriously disappeared.

No reference of it whatsover.

Entry C12 on todays report is now a settled account with another company.

 

In fact there is no reference to the Barclaycard debt/account at all.:idea:

 

If I did not have a printed copy of my credit report myself from 2007 then I would never have known about the default.

 

The mystery deepens:!:

Edited November 16, 2008 by Is this ok?

[slick132]

Hi ITO,

 

I can't say what the abbreviations mean for sure.

 

However, if they've failed to respond properly to your S.A.R - (Subject Access Request), follow it up with the appropriate letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Edited November 19, 2008 by slick132
amended to make sense after thread merge

[Is this ok?]

Hi ITO,

 

I can't say what it means for sure.

 

However, if they've failed to respond properly to your S.A.R - (Subject Access Request), follow it up with the appropriate letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

 

Hi Slick

 

These are statements that I requested before I sent the official sar in with the cheque. I guessed that they were not going to be forthcoming with my data so did the sar.

Thanks for the link to that letter as I'll probably be needing it soon.

 

 

 

Many Thanks

ITO

Edited December 11, 2008 by Is this ok?

[slick132]

Hi ITO,

 

Best to wait for the reply to your S.A.R - (Subject Access Request) - that may well help you make sense of it.

 

Threads merged and duplicates deleted.

Edited November 23, 2008 by slick132

[Is this ok?]

Nothing too exciting to add. Just a few more queries if anyone has time to advise.

 

Today it's 9 working days since they received my CCA. I don't beleive for one minute that anything will come back. If there was a valid signed CCA in the very beginning & that would have been around 1997/1998. Would they really still have this? When, if I receive nothing from them or something unenforceable do I contact them again.

I have read it's 12=2. Is that 12+2 working days or Calender days?

 

My claim with them is not for the usual claim back of bank charges so would the follow up letter from letter N actually benefit me? Could I not go straight in (after them failing to respond to the CCA request) with 'I have paid you XX amount over the figure I agreed to pay you when the arrangement was set up in 2000 & I would like it back'? How would proving the CCA is invalid help my case?

As stated in a previous post in this thread I have a statement that I received from them recently dated Apr 07 that puts my balance at zero.

Having continued to pay this every month since then could I not just request it back?

 

Another note -

I just spoke to Experian re my dissappering Barclaycard account from my file. She said that because the default was more than 6 yrs ago it's dropped off the file. It dropped of in June this year. So it was not Barclaycard that removed it, it was just a case of it's served it's time.

 

 

Thanks

ITO

[slick132]

Hi ITO,

 

They have 12+2 working days to respond to the CCA request. However, I'd wait a while longer anyway - this is a slow process and you should be a bit flexible with deadlines. Otherwise you'll end up firing off letters fruitlessly.

 

My claim with them is not for the usual claim back of bank charges so would the follow up letter from letter N actually benefit me?

The follow-up letter I linked is for failure to properly respond to the S.A.R - (Subject Access Request). You need the a/c satate's.

Could I not go straight in (after them failing to respond to the CCA request) with 'I have paid you XX amount over the figure I agreed to pay you when the arrangement was set up in 2000 & I would like it back'?

See what info you get back first, and then decide. Edited November 23, 2008 by slick132

[Is this ok?]

ITO's OH here. I think this needs rephrasing in an easier to understand and clearer manner, as there seems to be some confusion as to the status of account.

 

Barclaycard have produced statements from 2002-07. On them, the debt was paid off in 2007, unbeknown to us.

ITO has continued to pay the agreed amount, unaware of the mysterious final payment which cleared the account.

 

The question is this: since we have the evidence from Barclaycard that this debt had been paid and that ITO has been crediting an account with a zero balance for nearly two years, can we not claim back the effective overpayment? We also have every single bank statement and so can prove the overpayment.

 

Please don't take this the wrong way, but I thought I should explain this differently. We are not trying to claim back bank charges or get a debt cancelled on a technicality- it would seem that we have had the latter done for us! We are trying to claim back an overpayment discovered as a result of our findings from the statements supplied to us by Barclaycard.

Edited December 11, 2008 by Is this ok?

[slick132]

Hiya,

 

It is clear that you require statements for the a/c history. I wonder, however, if they'll have them for the period when the debt was being handled by Mercers.

 

Was the debt being paid monthly from a Barclays Bank a/c - this may explain how the SO was changed, apparently without your knowledge from BC to Mercers.

 

I'll see if we can find out if the wrongly-posted Default Marker can be complained about, perhaps to the Information Commissioner.

 

Do you agree there has been no interest or penalties charged on this debt since the arrangement was made back in 2000.

 

The only queries seem to be:-

 

1) Why they continued to accept payments in excess of the debt.

 

2) Why they seem to have no idea of what you owe and from when.

Edited November 23, 2008 by slick132

[Is this ok?]

Hiya,

 

It is clear that you require statements for the a/c history. I wonder, however, if they'll have them for the period when the debt was being handled by Mercers.

 

Was the debt being paid monthly from a Barclays Bank a/c - this may explain how the SO was changed, apparently without your knowledge from BC to Mercers.

 

I'll see if we can find out if the wrongly-posted Default Marker can be complained about, perhaps to the Information Commissioner.

 

Do you agree there has been no interest or penalties charged on this debt since the arrangement was made back in 2000.

 

The only queries seem to be:-

 

1) Why they continued to accept payments in excess of the debt.

 

2) Why they seem to have no idea of what you owe and from when.

 

The statements I have in my possession are all the period that Mercers had the debt 2002-2007... I think!. They all have Barclays on them.

TheS.O on my bank statements changed from Barclays to Mercers at some point . I did not notice when, as I never used to study my statements. I think about 4 years ago when I first started doing internet banking I noticed that Mercers were taking the payments not BC.

Is it odd for Mercers to collect the money & for these statements to have Barclays on them?

I had never once been informed that the debt was in the hands of mercers & would never have known until I spotted it on my currrent bank account statements. I just let the S.O. come out every month untill one day a few months ago I thought I ought to query how my BC debt was doing.

 

My bank account is with another bank. The standing order was with my present bank right fom the outset. I have statments from them for the past 3 years still. I don't keep any older than that.

 

Yes there has been money added to the account since 2000. The balance on the 'first 04' statement start at £300 lower than at the start of the debt. I had by this stage paid 24 payments

What I do not know is when & how much. I only worked out through the final balance re the letter they sent me Sept 2008 that it amounted to arond 1K. Dont know how to work these things out I'm afraid.

The first of the statements they sent me

 

June 02

My payment

a late payment charge

& an interest charge

It states an estimated interest for the following month

 

There is a note at the bottom of this:

 

'We are concerned you are late with your payments & must pay £350 now, followed by a further £135 to reach us by 07-02'

 

This all ties in with the date the default went to my credit file.

 

I was not late with my payment. I should not have had that default then. The S.O did not miss any payment from the start of my repayment plan through until nov 08.

 

 

 

The second one

July 02

My payment

Has an interest charge on with the following months interest estimate

 

 

The interest applied to this one is a different amount to what was estimated in the previous one. The figures do not knit together.

The 3rd one

 

 

Aug 02

No interest charged

my payment now reducing the balance by the payment amount.

I dont know where the estimated interest from last month went to but they never applied it to this one.

 

These 3 statements just do not make any sense!

 

Each & every statement from

Aug 02-Apr 07 Shows the monthly payment no interest & no estimated following month interest. Each month the balance reduces by payment amount.

 

There has to be statements for 00-02 - I wonder why they wont supply them. They dug these up from somewhere.

In fact why did I never get a statement.

I always assumed it was because I was on a repayment plan & was not allowed them.

 

With the default now dropped from my file due to it's age would it be considered an issue now? It did give me an awful credit rating for those 6 years though.

 

 

My take on it since my query 3 months ago is they do not know what they are doing & seem to be making it up as they go along.

 

I so hope I have not confused you even more.

 

Ever Grateful

ITO

Edited December 11, 2008 by Is this ok?

[slick132]

Hi ITO,

 

Thanks for that. The statements will need to be produced if we're to make any sense of this.

 

I'm seeking advice on the Default issue from the Site team and will get back to you.

 

Did you see my PM?

Edited November 23, 2008 by slick132
typo

[Is this ok?]

Hi ITO,

 

Thanks for that. The statements will need to be produced if we're to make any sense of this.

 

I'm seeking advice on the Default issue form the Site team and will get back to you.

 

Did you see my PM?

 

Hi Slick132

 

Yes & thank you, I have just replied to it.

I shall get the relevant statements scanned & posted here. If I do the first 4 & the last one will that be ok as there are so many of them & most of them are the same apart from the balance reducing.

 

Looking forward to hearing if anything can be done about the default on my file.

It says on the paper statement (updated to 04/02/07) I have from experian that it was BC that put it there not Mercers.

It states arrangement from 09/00 to 02/02 (My arrangement started June 00) Then says Defaulted on 28/06/02, this dropped off my record in June 08.

 

Of all the paperwork I have so far there is no mention of Mercers, yet they are the ones that have been collecting my money.

 

ITO

[slick132]

Hi ITO,

 

I meant that BC will have to produce the state's.

 

I don't think you need to post them on here at the mo.

[Is this ok?]

Hi ITO,

 

I meant that BC will have to produce the state's.

 

I don't think you need to post them on here at the mo.

 

Thank you

 

Phew Thank goodness for that!

I have just spent since my last post trying to get the statements I've scanned into a programme to delete personal info before posting them with a 6yr old giving me grief. I give up I cannot do it!!!!

Oh will be back from work later so I'll get him to show me how it's done.

I think I have created numerous duplicate folders.

 

ITO complete with a headache.

[Is this ok?]

Day 13 & counting.......

Still no reply from BC!

It's getting more unlikely by the day that they'll send anything in response to my CCA request.

 

No response to the SAR request either. They were both posted together.

 

Would anyone know how soon they cash the £10 cheques for the SAR request, as to date the cheque they received on the 14th Nov remains uncashed?

 

Thanks

ITO

[slick132]

Hi ITO,

 

Just cos they're late, doesn't mean they can't or won't reply - they'll just do it in their own time.

 

In some cases, they don't cash your cheque and return it.

 

You're not going to pay any more and now is the time to be patient and see how they respond.

[Is this ok?]

Hi ITO,

 

Just cos they're late, doesn't mean they can't or won't reply - they'll just do it in their own time.

 

In some cases, they don't cash your cheque and return it.

 

You're not going to pay any more and now is the time to be patient and see how they respond.

 

Hi Slick 132

Thanks for that.

[havinastella]

Trust me, now you have found CAG you stop dreading the letters and actually get more pee'd off you don't recieve them.

 

It's a strange feeling

 

 

JOgs

[Is this ok?]

Update;

 

Checked bank account on line this morning & the cheque I sent for my S.A.R - (Subject Access Request) has indeed been cashed this morning. Would it be fair to assume that they will indeed be dealing with my request & sending me my data?

 

 

 

Havinastella..You are right there.

[slick132]

Yup.........

 

...........but in their own time !!

 

[Is this ok?]

Yup.........

 

...........but in their own time !!

 

 

 

Hi Slick 132

 

May I ask then why there are timescales put on these requests.

The 40 day one for the SAR & 12+ 2 for the CCA, if places can just send them in their own time.

 

I'm confused!

 

I have just printed out 2 CCA requests for Debts with DCA's They are ready to be posted along with this months payments.

They are older than this BC account & one has been sold on 3 times.

Should I wait the 12+2 or do I need to let them reply in their own time?

 

Many thanks

 

ITO

[slick132]

Hi ITO,

 

Sorry if I've confused things.

 

They are supposed to comply with the deadlines but rarely do. And if they fail to comply on time, there are rarely consequences for doing so.

 

If you file your tax return late, you get a fixed penalty immediately with little chance of any appeal. But if BC fail to comply with a CCA or SAR deadline, there are no such penalties.

 

That's why I say to peeps, be a bit relaxed about these deadlines. Stressing about it will achieve nowt but raised blood pressure.

 

Use the template letters as they are - but don't be surprised when BC and others don't respond within the time allowed.