Barclaycard CCA - Odd phone conversation

[Misscynical]

Hi all

 

Had another 'chasing payment' call from Barclaycard yesterday which I decided to answer as I'd send just sent them a reminder asking for a response to CCA request. Whilst talking to the chap he told me that I'd only get a copy of my Application for the card which I signed in 1991. He said that the prescribed terms were on the application. I mentioned that I didn't think an application form was enforceable and that unless they could produce an Agreement then surely they couldn't enforce the debt. He agreed that this was true but then said they would send it to a debt collection agency. I said that I didn't think this was allowed as the account was now in dispute. He also said that you only get an Agreement if the debt is secured.

 

He said I could reclaim any charges over and above £12 since 1991. I also have another card opened in 2006, again with no Agreement. He agreed that I should SAR both accounts and that if I put both account numbers on the form I could get all the information for a tenner.

 

I asked if any the credit reference markers were being added regarding my account and he said they were. I pointed out that as the account was in dispute this shouldn't be happening but he he said that they were sent each month automatically and couldn't be stopped. Is this true??

 

He confirmed that the conversation was being recorded so it sounds like that I can reclaim charges and not make any more payments as there's no action they can take. This is ok but it means that there is no real conclusion and this will follow me to my grave with the credit reference agencies.

 

Anyone have any ideas on what I should do now?

 

I will send a SAR so that I can reclaim the charges but what would be the next steps??

 

Thanks to all you knowledgeable bods on the site:)

[Misscynical]

One more thing please... are there any letters I can use for reclaiming the charges on a credit card and can I use the banking reclaim spreadsheet including 8% interest on the charges? I feel the 8% isn't much compared to what Barclaycard charges.

[silverfox1961]

hi,

 

I hope when you SAR them you make sure they include that recording. The transcript would be fascinating.

 

Agreement only on secured debt?? Utter tosh (politely put)

 

With your SAr letter I'd put in the A/C in dispute letter and the telephone harassment letter too. That should annoy them.

 

fox

[Misscynical]

Hi fox

 

Made me laugh and I was gobsmacked when I came off the phone. If I get a copy of the recording I'll post it and if its on CD I'll wack the whole thing out and post it up for all to see... however long it takes. If I don't get a copy I'll kick up a real stink! I sent the dispute letter on Monday and will do the SAR over the weekend. Will have a look for the harassment letter.

[silverfox1961]

This is it:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

 

 

edit to suit.

 

 

fox

[noomill060]

subbing

[slick132]

One more thing please... are there any letters I can use for reclaiming the charges on a credit card and can I use the banking reclaim spreadsheet including 8% interest on the charges? I feel the 8% isn't much compared to what Barclaycard charges.

You can reclaim the FULL amount of any penalty they've charged you, not just the excess over £12.

 

You can use the site spreadsheets. There are 2 for credit cards here - Simple and Advanced - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

If you just want the penalty chgs back, BC will repay them with little trouble. If you want to reclaim the interest as well, BC will oppose you all the way to court, but the rewards are high.

 

I see Noomill has subscribed to your thread - you'll get good interest advice there.

 

If you want to know more about claiming the higher interest, read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/145027-interest-tutorial.html

[Misscynical]

Thanks for reply slick. I've had a look at the interest and the higher one is indeed baffling so will definitely need all the help I can get!! As I opened my account in 1991 could I claim for charges since then (supposing that they send me all my statements under the SAR)? Once everything gets under way I'll probably have about 15 claims/disputes on the go so will look at the work involved as my new full-time job:) Along with my Lloyds credit card, this Barclaycard is one of my oldest so it's definitely worth me going for all charges and higher rate of interest. Many thanks. MissC

[slick132]

Hi MissC,

 

Not sure if you know, but going back beyond the normal 6 years means you will also have to argue why your case includes claims beyond the normal time limits.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

 

[Misscynical]

Hmmm, ok slick. Not sure what to do now:confused: I read the first link on time limitations but too much to take in regarding the second link, I think. Am I understanding that it would it be better to go for the last six years rather than back to 1991 as I wouldn't stand much chance of success?

 

"If you would like to try and claim your charges as far back as you have ever paid them, you should try to do so.

 

However, do note that you will only be able to rely directly on the Unfair Terms in Consumer Contracts Regs.1999 if your bank contract was entered into post 1995"

 

As my account was opened in 1991 would the above paragraph mean that I can't go back to that date?

 

Not even reached first hurdle and confused already

[Misscynical]

Well, as a start... does anyone know where I can find the credit card Subject Access Request to send to Barclays please? Have had a scout around but...

 

Also I have a spreadbet debt which gained me a CCJ by default and the Claimaint's refused to send me any info under CPR 18. If anyone could tell me where to find a SAR that's not for credit cards or banks, I'd be grateful. Thanks all

[slick132]

Hmmm, ok slick. Not sure what to do now:confused: I read the first link on time limitations but too much to take in regarding the second link, I think. Am I understanding that it would it be better to go for the last six years rather than back to 1991 as I wouldn't stand much chance of success?

The relevant part of the Limitations Act is s.32. However, if you're feeling overloaded already, this may make it simpler.

 

BC started charging penalties in the late 90's and, even then, quite inconsistently. They stopped for a while and then started charging again for every occasion. So, even if you only claim for the last 6 years, you are unlikely to be missing out that many charges.

 

I'm not saying you wouldn't succeed if you go back beyond 6 years but you may need to argue your case in court, so would need a reasonable understanding of the relevance of s.32 Limitations Act 1980.

 

You may well have trouble getting state's from BC older than 6 years as they seem to be making it harder to get the normal 6 years data recently.

 

Use the standard SAR - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

But use this for your Prelim Letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

You need to decide if you want to claim the higher interest before you send off the Prelim Letter. Read up on this while awaiting BC's reply to your SAR. Steven's Interest Tutorial is a good starting point.

 

I see you're getting advice on the SpreadBet issue on your other thread so I won't confuse this thread (or me) by dealing with it here.

[Misscynical]

Thanks slick. Subject Access Request ready to go in post tomorrow for both accounts.

 

When I CCA'd them I sent a letter for each account and seperate postal orders for a £1 each. Despite it saying they should only use this for the fee, they've obviously used one £1 postal order for both requests and credited the other £1 postal order as a payment to one of the accounts as I can see it on my statement. Is it worth writing to them about this or is it not worth it/being nit-pickie??

 

After the above phone call from them they have now sent me a copy of the 'Barclaycard Conditions'. These are recent though so shall I just ignore them as they haven't complied to the CCA request?

 

After reading your post above I'll see what turns up in Subject Access Request as to how long I go back but may stick to the 6 years. I've also added a bit to the Subject Access Request letter, in case it didn't include it as was, asking for copies of all telephone transcriptions so that silverfox can see what was said exactly in the phone conversation at the top of the thread.

 

Cheers, MissC

 

PS Regarding spreadbet thread, I've opened another one linked to this http://www.consumeractiongroup.co.uk/forum/legal-issues/165310-spreadbet-debt-various-credit.html as I don't seem to be getting far with the points I really need advice on. If you are able to give any advice over on either threads I'd really appreciate it as this is my most pressing on at the mo and probably why I was feeling a tad overloaded the over day Thanks again.

Edited December 22, 2008 by slick132
put correct link in to other thread

[slick132]

Hi MissC,

 

You can send one SAR quoting both a/c nos. with £10 and should get back the data for both card a/c's.

 

If you've made recent pay'ts to the a/c's, them crediting the £1 CCA request pay'ts is of little consequence. It WOULD be significant if you'd paid nothing to the a/c's in years, as this would STOP the debts becoming Statute Barred.

 

You should watch, however, that they recognise that you paid for the CCA requests and supply the required info.

 

I'll look at the other thread and add anything if I can.

[Misscynical]

Cheers, slick. SAR'd them so will update when I hearing anything:)

[Misscynical]

Well, SAR request back both accounts, no copies of notes, phone calls, no agreement. And statements only going back to 2003 not the inception of the account in 1991. Got a text this morning from Barclaycard saying my case was now being handled by Mercers.

 

Not sure that I care any more. Took a massive file of paperwork from the 15+ claims I was tackling re dodgy agreements and charges as solicitor has said that the only way to avoid the Final Charging Order going on my house is to go bankrupt. So... there I go.

 

Big thanks to all those who people who came forth with their helpful replies. Sorry I couldn't battle on and put it all to good use. Only wish the Official Receiver would let me carry on with my grim determination to fight the lot but I don't think I'd be allowed. Best of luck to everyone, MissCxx

[slick132]

Hi Miss C,

 

If you want further advice, regarding the Bankruptcy route, or your situation generally, you can always post here - http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/

 

Or in any of the other Debt forums. Good luck in any event.........