barclaycardcca v Muffintop

[beachcomber60]

Hi all (hello Slick),

 

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

 

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

 

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

 

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

 

Good luck to all, will follow this closely.

 

Beachy (Jim)

[sunflower99]

Hi all (hello Slick),

 

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

 

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

 

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

 

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

 

Good luck to all, will follow this closely.

 

Beachy (Jim)

Hi Beachy

i was thinking about going down the nice road with Barclays! offer ing them some reduced payments and trying to avoid going down the account in dispute road with them but going by your experiencei t sounds like it going to be a waste of time!:rolleyes:i cant possibly keep up minimum repayments of over £140 a month with most of that amount dissapering down a big black hole of interest rates and late default charges It like throwing a wad of money down the can ev ery nonth!.So looks like i will be in locked battle with a third bank!:eek:and more harressing calls at home and work!:eek:As going by some experience of their behaviour they rival even Debitarse and MBNA in telephone harrasement!

[sunflower99]

Hi Muffintop and Sunflower,

 

(Sunflower, you and I seem to have some credit cards in common - obviously the ones who target gorgeous women!!!!!!!. I'm sure you are gorgeous too, Muffintop.)

 

Seriously, I wrote to Barclaycard for my CCA in early November, and just before Christmas got a copy of the current BC T&Cs and that is all. Should have gone to work today where the printer and photocopier are, but have stinking cold so couldn't make it. On Wednesday will be writing back to them saying they obviously misread my letter!!! Also sent same letter to Barclaycard (MS) who sent T&Cs, and one to Barclaycard (Goldfish) who haven't sent any reply at all. I know Goldfish got the CCA because I put them both on the same letter as GF took over MS and had the same address. If BC know they were asked for the MS CCA, they know they were also asked for GF. Clearly they are ignoring the GF, and I'm following another thread there.

 

Unless the BC CCAs are relatively recent I would be very surprised if they can produce them.

 

Threads on Morgan Stanley have said either that they didn't keep the applications (?????agreements?????), or Bcard didn't get them, or yesterday that at least one was being written off.

 

Hang in there ladies. If we can lose at least some of them how good would that be?

 

DD

Hi Despearte Daniella!

Nice to see you on this thread and snap we do share some of the same awful banks!:)Thanks for giving me hope about Barclaycard!So they dont have a good record with providing CCAs!:DThats great to know! Perhaps thats why they get so agressive so quickly as i am only officially in arrerars some times of the month and only on average about a month behind a lot of the time and as soon as i am a few days late they bombard me with loads of calls ,i heard some theory some where that the more aggresive a bank gets the more likely it is they have not got a valid CCA!:DThanks again for all your help and friendship on my other thread!

[Muffintop]

Hi all (hello Slick),

 

Iam in the same position with barclaycard, cca'd early Nov. - no response, account dispute letter sent - no response. Subject Access Request same time their response was to send just 6 years statements, non compliance letter sent - no response.

 

When I requested lower payments (temp) the reply I got was that they do not accept any low pay arrangements. They are currently adding £24 per card per month, which they are not supposed to do while in dispute.

 

Have about £200 in charges & £1500 ppi + interest on each card to try and claim back (assuming they have enforceable agreements).

 

Have ignored telephone harassment letters and since account put into dispute (mid Nov.) have received 225 calls - the daily record so far is 18 on a Sunday.

 

Good luck to all, will follow this closely.

 

Beachy (Jim)

 

 

Hya guys whew its been busy in the last 24 hours glad you have all of you on board with me... I have still had nothing back from bcard, quite unnerving actually, all they do is send my statements missed two payments now of 189 quid each.. not paying them Beachy while the account is in dispute and have advised them of such. Also checked that they recieved my letters via royal mail rdel.Guess I could do a sar request but not sure what that will achieve at the moment as they havent sent me anything. My telephone harassment letter seemed to do the trick they havent text me or rang since before xmas, its so awful when they just keep ringing isnt it, I kept permanent answer machine on, I did keep texts for evidence if they kept it up. Guess a non compliance letter is next.

Thanks for your support guys, oh yes you bet your ..... im a gorgeous woman.. lol. but a very tired one as on here nearly every night trying to make sure iv got as much information as I need for the next step.

Muffintop

[beachcomber60]

Don't be put off by Barclaycard, I think they are being hard on me because before I came across CAG I caved in to their (& Mercers) constant phone calls and paid what they demanded - because they really scared me, I've never been in this position before.

 

I really got my knuckles wrapped by NDL because I gave in and paid to bring the account up to date, even though I couldn't afford it.

 

Then I discovered CAG,

 

Barclaycard - No CCA - I ain't bovvered!

 

Beachy.

[Muffintop]

:-|Hy Beachcomer

 

What is NDL?? I too am really really scared as iv never had on record bad credit rating with agencies and this takes choices of independance away for a woman I think, ie if I wanted to buy a car, rent a house, buy another house I dont know just takes away your choices. But there is no other way to do this than to challenge them and take the chance and see what comes back if at all, we do all support each other on here and that gives me courage, I would never have won my bank charges back way then without cag.

Does anyone know if I should be doing anything now as they not complied or replied...

[beachcomber60]

Hi Muffintop,

 

Sorry - NDL = National Debt Line, they have been very helpful to us in drawing up a budget plan following our financial crisis.

 

Up until mid '08 credit rating was squeeky clean until thro' no fault of ours we hit the buffers.

 

Even creditors who accept pro rata payments will still default you as they say it's their policy, they hand them out like free samples in a supermarket.

 

Hang in there - power to the people!

 

Beachy

[Desperate Daniella]

Hi there Gorgeous Women and Men!!!

 

It's clear there are so many of us who have tried always to keep up and pay the monthly payments but actually all the payments are doing is paying off interest, and more interest, and more interest ....... and any late payments cost more money ..... and more interest to add to the debt. The credit card companies are probably now wondering why they are being challenged by so many people!!!!

 

Like you Beachy before I found this site I caved in and made a bcard payment to Calders (aka bcard, Mercers) even though I couldn't afford it. I had been in touch with CCCS (credit counselling service) who told me not to pay anything but these people are such bullies.

 

I wish CCCS and NDL would actually tell us to challenge these debts and ask for CCAs. CCCS didn't advise me to do that. Perhaps they think they also would be taking on the card companies and therefore could not work with them to arrive at agreements for most people (who don't know about CAG) but I still wish they had told me to try it. I found the site after seeing the Panorama programme and doing an internet search about unenforceable credit agreements - so glad and grateful to have found it.

 

I think (hope) it's becoming more apparent that bcard (and GFish, and MS, and others) don't have a lot of agreements. Let's stick together .... (I think that was the Bryan Ferry (Roxy Music) number??)

 

DD

[angel_1]

hiya Muffintop

 

got referred here from another of your threads cant recall anyway can i sub pls

 

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

 

got my statements though, so going to look at the charges and also req my cca too

 

fab and helpful posts here and ive learnt a lot again

 

and hello and wish you all here who have posted a happy and lucky 2009

 

laters angel x

[Muffintop]

Hi Muffintop,

 

You could use the letter from the post linked here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

 

There are other letters on that thread which may be useful in due course.

thanks Slick superb letter is this what they call a default notice to creditor?

[Muffintop]

hiya Muffintop

 

got referred here from another of your threads cant recall anyway can i sub pls

 

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

 

got my statements though, so going to look at the charges and also req my cca too

 

fab and helpful posts here and ive learnt a lot again

 

and hello and wish you all here who have posted a happy and lucky 2009

 

laters angel x

 

Fab to have you on here with me Angel. x

[Muffintop]

Beachercomber,

I understand your situation more now.. I was looking at an iva or dmp myself in May with 50k debt credit cards but none of them had ever been missed, couldnt go down this route due to being scared they would put a charge on my house joint owned with husband who was not happy with me over debt, made major life changes which have left me with big guilt and remortgaged for 20k so now owe 30k, need to pay it off so my life changes can be reverted back to normal, now if you use the money I agree you should pay it back but I also think that there are technacalties in life thats what law and civil law is about and the banks are snakes in my opinion so if they dont have my cca then I am happy to dispute the debt and sleep easy at night. I went to debt site as mentioned on my mbna thread they were great, they made me face up to the mess I was actually in they helped me start to cut down on spending and look and my in and out but no one mentioned the cca issue, like you this is how I came back to cag and found out all the information that was a closed door anywhere else. Had different responses from friends and even some people on cag (very few) who think this stance is a little immorale, but no one is whiter than white when it comes to getting of on a technicality, be it a parking ticket or being given too much change back in a shop, we are but human.

[Muffintop]

One question sorry to dominate thread tonight. Iv just dug out one of my two barclaycards to see when they were opened ie pre 2007.. I have a 2nd barclaycard which was opened in feb 2008... what I dont understand is on the back of the page that the card is attached to (in all the credit cards I have) is the Barclay card terms and conditions and it states that its the credit card agreement governed by the consumer credit act 1974

 

What I dont get is why are cards still issueing under the consumer credit act 1974 when I thought after 2007 April it was governed by cca 2006, or is it just that some amendments were made to the cca 1974 in 2006???

[slick132]

thanks Slick superb letter is this what they call a default notice to creditor?

If it is, that's a new one on me. But you may be right - hopefully someone else will confirm.

 

[sunflower99]

hiya Muffintop

 

got referred here from another of your threads cant recall anyway can i sub pls

 

i havnt started my battle with bcard yet but id tried for hubby and no cca only charges and late payment fees

 

got my statements though, so going to look at the charges and also req my cca too

 

fab and helpful posts here and ive learnt a lot again

 

and hello and wish you all here who have posted a happy and lucky 2009

 

laters angel x

Hi Angel

i hope your new year ok too,and we can carry on giving these DCAS some grief in the new year!! Hope you had a nice christmas too.i Thanks for all your friendship and help! Sunflower99xx

[angel_1]

hiya muffintop thanks for a nice welcome. Have pm you with a reply to a question on another of your threads.

 

i saw your reply to Beachcomber and understanding all these legal issues

has made me see a lot of stuff that i didnt know, i went to sort out my stuff early last year with national debtline and i still contact them.

 

However, i made a huge decision once i got defaulted by one of my creditors that this now means i have to take care of myself, even trying to pay smaller installments some of the creditors set the dogs of collection agencies onto me, So now im looking at the law, and at the end of the day a contract is a contract and should have been done properley and legally if not Why not??? is my first question.......

 

ive stopped talking to my friends about what im doing in the legal sence, they are not in my situation. They may even be in a worse situation but for the time being some of them have been very moralistic, their stance.

Me, im looking after my family from now on, i nearly lost my house, no one came to me and my hubbys aid, we got out of repossesion by the skin of our teeth and negotiated ourselves with a plan -and reduced to interest only. That one creditor showed me i have to look after myself cos they just dont care. In the end yes it was down to me but i took the case to them and got a deal done.

 

Now this year im learning all the more about small claims and will look at legal options too.

 

Dont ever give up, i never did even though i was faced with a lot of inhuman comments and negative comments, i still faced what i had to face to save my home. Big hard lesson learnt about friends, family and others. Luckily i gained a lot more from cag and the friends here that has made a huge impact on continuing with my battles.

 

sorry to have gone on a bit, have a fun eve all laters angel x

[angel_1]

hiya sunflower, yes lovely, sorry i cant remember but i didnt have internet for a while over new year and the start of 2009 but back now

 

will come over to your threads and see what you upto

 

laters angel x

[Muffintop]

theres more than one way to skin a cat in the nicest poss way as I have 2.

[angel_1]

hiya muffintop

 

hope you got my last pm, im defo going to bed now but ive just read on a thread for someone going to court this week, just posted a good luck message, - this place is so addictive i go round in circles, and end up reading threads off other threads,,,lol

 

have a fun eve, catch up in the week

 

laters angel x:D

[Muffintop]

Barclay card are naffing me off now, woke me up this morning 8.30am on a Sunday, seeking legal advice at work in morn re harassment case.. think though that as its not one particular person from barclays they will slip through the protection from harassment act I do recall someone taking Halifax to court for harassment does anyone recall who it was the name of the case statute for me to look up?

 

*****************************************

Re: ACCOUNT NUMBER BARCLAYCARD

I have now written to you on 14.11.08, 1st and 22nd December 2008 requesting a valid copy of my original signed consumer credit agreement for the alleged debt for the above account number. A statutory fee of 1.00 was sent in the form of a postal order. You have sent me two statements the last statement with a payment due date of 15th January 2009 for a minimum payment of £360.00 plus charges for two allegedly late payments.

I have given you plenty of notice now by written recorded delivery that I do not acknowledge ANY debt to your company. You have now failed to supply me with a copy of the original signed agreement for the alleged “debt” you are trying to enforce, despite numerous reminders and telephone calls to you.

On 31st December you wrote to me acknowledging my contact with you and enclosing a copy of my Barclay Terms and Conditions. This is a print out of your CURRENT terms and conditions and NOT a copy of my ORIGINAL CONSUMER CREDIT AGREEMENT at the time of taking out the card. A further letter has been received by you dated 6th January 2009 advising me that an account is overdue and threatening me that if I do not make payment to you then this will affect my credit rating.

This account has been placed in no uncertain terms in DISPUTE and therefore you You should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

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 including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

If you have the original of my alleged Agreement available I request that I be allowed to view itat your offices so I can verify it as the alleged document that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged Agreement.

 

I look forward to hearing from you within the next 7 days.

 

Until such time as you comply with my Statutory Requests, the alleged Account remains in dispute.

Furthermore I have already warned you about the continued telephone electronic harassment I have been receiving from Barclaycard numerous telephone calls a day. I find these harassing and intimidating and these are causing myself and my family distress. These calls are now being logged and recorded and will be placed in the hands of the Police if they continue. I am of the view that your continued course of conduct is harassment via telephone calls, and breach of telecommunications act is a criminal offence. This also puts you in breach of Section 40 of the Administration of Justice Act 1970 as well as the Protection from Harassment Act 1997.

If you continue to harass me by telephone and text messages you will also be in breach of the Wireless Telegraphy Act (1949) and I will not only report you to Trading Standards and the Office of Fair Trading for which you will be liable for a substantial fine.

Be advised that any further calls from your company will be recorded and used as evidence, any text messages have been kept for the same.

Yours sincerely,

 

Yours sincerely

Going to get copy of my experian report and send the Experian and Equifax etc (one other isnt there) that Barclay card may try to put bad credit on my file

[beachcomber60]

Hi Muffintop,

 

Iam in the same position as you regarding Barclaycard, account in dispute since mid November - no cca & non compliance to Subject Access Request.

 

They completely ignore every letter, including a LBA regarding the cca, although they are pretty damn good at phoning 8 times a day 7 days a week.

 

Trying to reclaim charges & PPI but am in limbo until they fully comply with cca/sar.

 

Beachy

[Desperate Daniella]

Me too.

 

Thinking logically, if they have the agreements, why aren't they sending them?

 

Firstly we all (or a large number of us) get sent the current T & Cs.

 

Write back and then we get this whole stuff they send out along the lines of "under s78 we only have to supply........, same old, same old .... It's utter b******s. If they produce the agreements and they are enforceable we have to pay. So if they actually do have the agreements and aren't letting us see them they must be unenforceable.

 

I know because we may have to go to court we have to follow the set letters and form, but has anyone ever just written and said, "Have you got the agreement, or haven't you?" If so, what was the response?

 

Calders chasing this week said they had definitely got the copy of the agreement - from the early 80s?!!! - but I had sent the request to the wrong office - both Barclaycard offices in NN4 but they don't pass the post on? If they have the agreement, surely they would have sent it, not insisted I formally write in again?

 

Go to "Why you shouldn't use Section 77/78.... and Mikek posted earlier this evening that three high street banks who had to come up with defective agreements (which explains why they didn't want to produce them). Let's hope Barclays are in the three - it would certainly explain their reluctance to provide the agreements, wouldn't it?

 

DD

[Desperate Daniella]

Sorry, typo, three high street banks who had to provide the agreements came up with defective ones .....

 

DD

[slick132]

This is the the Daniella is referring to - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

[Desperate Daniella]

Thanks for posting the whole thing, Slick.

 

Falling asleep. I think we need a smiley face for big yawn:)

 

DD