Barclaycard Can you trust them ?

[blencathra]

I contacted Barclaycard on the 14th July 2008 requesting a copy of my Credit Agreement and sending the £1.00. They sent me on the 22nd August 2008 a copy of the terms and conditions that applied at the time of me opening the account ( this must be at least 13 years ago ) How do i accept their word. I have since been writing on a regular basis, each reply from a different person and all classed as managers and all saying different things and on each occasion stating this the the final response.

 

To day i got another letter from Barclay's ( well three letters actually ) 2 of them adding charges and the third one saying please find enclosed a copy of my terms and conditions as they applied at the time i opened my account.

 

I have checked both copies, word by word and yes i bet you know what i am going to say. There is 11 differences to the wording of the paragraphs and the interest rates are all different . How can you trust then . The truth is I DONT. THEY HAVE LIED AND TRIED TO HIDE THEIR MISTAKES BUT THEY CLEARLY DONT HAVE A TRULY EXECUTED SIGNED COPY OF MY ACCOUNT. but they will not admit it. They are in default but refuse to accept it. They send you from one department to another but refuse to sort it out.

 

You send them a letter with all the things they are doing wrong in the Consumer Credit Act 1974 and they reply ages later and Pratt on about something completely different. They are in a right pickle. But i will not give up. they are wrong and they know it But they will not accept their responsibility to the public and try to be honest for once. Thats a laugh asking the banks to be honest. after the mess they have got the country in

Edited January 22, 2009 by blencathra

[slick132]

Hi Blencathra,

 

Have you read this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Have you reclaimed all penalty charges taken from this a/c, to reduce the overall debt.

 

[blencathra]

Hi Slick. Yes my first task was to claim my charges back. That was a success. Maybe thats why they are a little annoyed

 

The company does seem to be in a shambles. When you are dealing with Barclay's and Mercers at the same time, about the same problem and they dont talk to each other. I bet they are sat next to each other in the same building, But they must be a good company to work for , as everybody who writes to you is a manager. ( tongue in cheek )

[blencathra]

Further to my opening comments on the thread. there has been developments. Today ( 31st January 2009 ) I received mail from Barclay's, which was nothing more than a collection of letters sent to me previously. They did not have the manners to explain why they had sent them. It contained a miss match of letters answering questions i did not ask.

They have refused to answer , why they have sent me two different sets of terms and conditions of a credit card allegedly created at the time i signed a credit agreement, But there is no signed executed credit agreement in fact nothing singed by me. They have ignored my question asking if they have my signature at all. There is no signatures on the documents they have sent, so therefore no proof that it relates to me

 

They insists I asked them for a Validation of actual accounting WRONG

They insists i asked them for a Verification of any claim we have against you ( meaning me )with a signed affidavit WRONG.

They insist i asked them for a copy of the contract WRONG I asked them for a true signed legally executed credit agreement, which is very different and they have failed to produce it. Following my request in July 2008.

 

I informed them that as they are in default. they cannot add charges or interest, but a Elaine Mockler thinks its fun to add £ 12 charges.

 

I informed them that they cannot pass the account to a third party.

So they hand it to Mercers Ltd.

 

I sent them a notice under section 10 of the Data Protection Act. to cease processing any data in relation to this account, IE that includes a credit reference agency. They have ignored my request without comment

 

I asked them to provide me within 21 days the reasoning behind continuing to process my data. This was ignored.

 

I asked them to outline and state upon which legislation this reasoning depends. This was ignored.

 

They have the nerve to say the account is still enforceable. Not only is it unenforceable i believe it is irrecoverable ( to use Cabot's wording)

 

It seems to me that Barclay's allow managers to put their names to rubbish such as this and condone their actions. How can they condone managers breaking the law. Maybe that says a lot about the company.

How can human beings do this to their fellow humans Maybe that says a lot about other things also

 

Have you noticed , thats is only managers who sign letters. One question comes to mind. Littlewoods used names on their letters of folk who didn't work for them. ummmmmm I wonder. It does make you think as they are never available when you ask for them.

 

I wrote to the Data Protection Team on the 19th January 2009. this was at the request of the company as they put it. I was contacting the wrong department. Good god these folk are getting well paid to miss manage the where abouts of mail. Are they not trained well enough to forward mail.

 

But up to date they have not replied. Perhaps the staff are still under training.

 

Maybe i should just send them one more letter and then take the matter to the appropriate professional outside body. Barclay's are trying to push me to wards the ombudsman.. he he Who do you think funds that service only the financial industry itself.. Hardly independent is it .

 

It is so strange that human beings can act against their fellow humans in such an obnoxious manner and become a Jekyll and Hyde characters when they clock on. Well you folk who work in the financial industry.

 

Mark the words of my favorite saying It is so true.

 

WHAT GOES ROUND COMES ROUND.

 

It could be your turn shortly. then who will care. NOT I

 

Best wished everybody Blencathra

Edited February 6, 2009 by blencathra

[slick132]

Hi Blencathra,

 

BC are doing this to everyone just now and saying they HAVE complied with their obligations under the CCA1974. And they may, indeed, have complied.

 

That's why I said to look at the link in post #2 above. You'll probably get no further with BC on the CCA route.

 

[blencathra]

Hi Slick.

[blencathra]

Hi Slick Ignore the one above i was trigger happy on the keyboard.

 

Thanks for your reply and i do see your point. I have spent time looking at the Act and in particular the paras you mention.

 

So what Barclay's are taking a stand on is the fact that. They can refuse to supply or deny the existence of a signed agreement and just send you the terms, that they say apply at the time of you applying for a credit card and feel that it satisfies the Act.

 

But let is look at that in more detail. If they say the terms apply to me at the time of my application and signing of a credit agreement. As there is NO name No address Nothing that relates to me how can they prove it.

 

Whats more , they have sent me three copies of the terms and conditions so far From October 2008 to January 2009 and the wording was different in two of the documents, up to 11 different changes and different interest rates from one to the other. So will the real terms and conditions stand up please. That i feel is a big mistake.Still no proof that any of it belongs to me. remember i am going back now to approx 1994/95. I bet they don't keep paperwork that long. Littlewoods only keep credit agreements for 6 years.

 

Another point. when you get a credit agreement there is a box where you sign that says something like. Sign below if you want to be bound by the law. If somebody says i dont want to sign , would they be granted a credit card I very much doubt it. So how can they find the terms and not the agreement.

 

Now taking that to its logic If a person didn't sign the agreement, the whole credit

card would not be bound by the Act nor would you and nor would Barclay's So how can Barclay's use the Act against me and visa versa. So if thats the case i do not want to be involved in an mickey mouse arrangement . So i stop taking part in it.

 

But having said that .. there has to be terms written within the documents, such as interest rates. 1 document says its 1.585% and the other says its 1.65%

 

I would be interested to know When Barclay's started to charge a £10.00 fee to open the card and a annual fee of £10.00. Maybe that gives me some idea of the age of the documents sent to me

 

They say that a £500 credit limit has an APR or 23.2% and the other documents says £500 limit is 24.1%.

 

I do not accept the word of Barclay's much more now than i did ages ago If they cant get information right. why should we care one iota about then I don't give a fig

[slick132]

BC are saying that their reply(s) have met (their interpretation of) the requirements set out in the CCA 1974.

 

Steve4064 sets this out in the 1st 5 posts of this thread - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

While they may have fulfilled their duty to respond to your CCA request, they have certainly NOT produced a valid and enforceable Credit Agreement. And this is what they would require if they were to take you to court asking for a judge to enforce the debt.

 

Hence the approach to get a copy of the agreement, if they have one, using the CPR as mentioned in the link in post #2.

[Desperate Daniella]

Hi Blencathra,

 

Very late, so just subscribing and going to bed, but will watch with interest.

 

DD

[blencathra]

Hi Daniella I am watching this thread closely myself. who knows what i am going to write next Cheers Best of luck Dave

[blencathra]

Still awaiting a reply.The suspence is oooooh so stressfull he he he he ..I think not

 

regards Blencathra

[Desperate Daniella]

Hi Blencathra,

 

I'm still waiting for a reply too. I had just received two lots of T&Cs - current and when the card was taken out. My last letter said I couldn't understand their reluctance to provide the agreement unless they knew it did not comply with the CCA 1974 regulations.

 

I know I could do the SAR but there is no logical reason for them not to supply it if they actually have it at the first time of asking, is there? I can't believe they want us all to do the SAR because they get an extra £10. Mind you, I heard their bonuses were going to be cut this morning, so I suppose anything is possible - £10 is £10, after all.

 

Good luck to you too!

 

Daniella

[deepdebt]

Hi Blencathra, I have read a long thread on Civil Procedure Rules as mentioned above in post #2, it maybe the only way to find out what BC have on you is to send in a CPR 31.16 request which I beleive is a pre-legal request that would as I understand it force BC to disclose ALL the Docs etc that they have on you. However a word of warning, if I understand it correctly if BC produced a valid CCA they could possibly claim back their search costs from you. Please read the thread in post #2 and make your own mind up. Its a long thread.

Hope this may help, otherwise please ignore.

Edited February 9, 2009 by deepdebt

[deepdebt]

Hi DD,

 

As you know we are both going down a similar route with BC, I intend to CCA, SAR and possibly CPR 31.16 them, as I would like to know everything BC has on me before I'm in court, I hate surprises in courtrooms.

 

Just thought I'd mention it. Otherwise please ignore.

[blencathra]

Hi Daniella. Barclays are good at sending out T & C and stating that they are the documents you requested. It may satisfy them under the Consumer edit Act being a legal true signed copy of a Credit Agreement under that Act, But it will never satisfy a court. How can they relate that to you when there is no name address or signature on a piece of paper with some terms and conditions of a Barclay Card usage

 

Maybe you should write back and ask them how they relate that document to you as it is only terms and conditions not a credit agreement. Or maybe just ignore them.

 

I do like to write these things, then you have things on record and proof that you did contact them and explained.

even if they are going to ignore it. Its all part of the silly game they play .

 

I have added you as a contact if thats ok I follow your case with interest and will keep you informed how my case is going Regards Blencathra.

Edited February 10, 2009 by blencathra

[MarkieMark]

This is not acceptable BARCLAYS

I would also stress that just providing me with the terms and conditions on the contrary to Consumer Credit (Cancellation Notices and Copies of Documents) Regulation 1983 will not be acceptable.

 

 

[Desperate Daniella]

Hi Blencathra (and deepdebt),

 

I posted a reply here last night but just realized it hasn't appeared, so I probably had an interruption on my connection.

 

I only gave brief details of my letter above, but I did ask them how a page of Conditions of Use was supposed to be my credit agreement, as well as questioning their reluctance to provide a proper agreement, quoting Sections, Regs, Schedules, the Lot!!

 

I like to write to them too, rather than just leaving it!

 

That particular letter was written on 26/1 and I am still waiting for a reply. I'm also waiting for a reply to my letter of 16/1 re MS. And still nothing at all on the CCA requests of 11/11 and 5/1 - NOTHING!!!! - on Goldfish, apart from the fact that despite the fact that the account is in dispute they have added another £200 in charges. Must do their letter tomorrow.

 

DD

 

DD

[blencathra]

Hi Daniella. Remember if a company does not respond with a CCA within the time scales of the law. They are in default and cannot add interest or charges.etc as terms and conditions cannot be proven as a credit agreement

How does it relate to you without names signature etc and how do you know its the terms that applied at the time you are supposed to have taken out the agreement. Its a load of poppycock

 

Regards Blencathra.

[blencathra]

Hi latest chapter. I received a letter this morning from that nice Elaine Mockler. Customer Services Director How nice of her to contact me. So I thought i would return the call. NO CHANCE as she does not take calls from the public. She in her wisdom/or more likely the system has added charges . Even though the account is in default. So my call was transfered from somewhere to India, then it was transfered to Liverpool.

 

Please note THEY CAN TRANSFER CALLS AFTER BEING TOLD FOR AGES THAT IT IS NOT POSSIBLE.

 

I finally got to speak to somebody at Barclay's. she was i bet sat at a desk between Mercers and Calder Finance. DCA.

 

After explaining about the charges. This ever so nice lady said she could get me a copy of my credit agreement right away and would call me back later today. What am I going to do then , when i get it she said.

 

Lets see what you get first I do not commit myself over the phone to anybody. Are you going to start paying again she says. Does she not know . They have to apply to the court for permission to demand payments

as the account is in default. I do wish they would train folk correctly or at least expect them to behave in a manners fitting to the job they do.

 

Fat chance of that. So we shall what happens this afternoon

 

Barclay's definition of a late payment is.....

 

Late payment means payments received after the payment due date.

 

If i have not made a payment at all. HOW CAN IT BE LATE ?????

 

They are not entitled to charge interest on the default sum until after the first 28 days.... But they fail to recognise that the whole account is in default, they have not supplied me with a CCA I wrote in July and they applied the £1.00 to my account as a payment (*&^%$*&^) Thats instead of swearing

[Desperate Daniella]

Well, in early January Mandy at Calders absolutely assured me they had a copy of my original credit agreement, but I had sent my request to the wrong office so I had to write again to the right address. Apparently, the many Barclays offices in Northampton have no means of transferring customers' correspondence between them!!!

 

Like a good girl I sent off my request again to 1234 Pavilion Road, and received the current T & Cs, and a copy of part of a leaflet, but NO copy of the agreement. Mandy has obviously lost it!

 

I am just so excited that they are actually going to be producing an original agreement for you. None of the rest of us have got one out of them. Do post it up asap so we can all see this unique agreement. Oh wow!!!!!!! Can't wait.

 

DD

[the_shadow]

 

Like a good girl I sent off my request again to 1234 Pavilion Road, and received the current T & Cs, and a copy of part of a leaflet, but NO copy of the agreement. Mandy has obviously lost it!

 

Oh gosh! perhaps Mandy had attempted to move the document between the many offices, sounds a risky business if the problems with letters are to be believed

 

I am just so excited that they are actually going to be producing an original agreement for you. None of the rest of us have got one out of them. Do post it up asap so we can all see this unique agreement. Oh wow!!!!!!! Can't wait.

DD

 

I have a feeling hell will freeze over prior to an agreement being posted out

 

I've tried CCA/SAR and now CPR but think I'll have to go to court to get an eyeball on an old MDSW now Barclaycard agreement:|

[Desperate Daniella]

I got copy of my original MSDW application form, blown up to A3 which makes it barely legible, and from what I could see there were various bits referring to conditions which weren't there!!!! Asked for explanation of these discrepancies over a month ago, but no response. I sent my letter to the same address they had written from -1234 PD - but heaven knows where it is now - some black hole in Northampton I suppose. Hope no-one falls in!!

[blencathra]

Hi Daniella. What cheek. The wrong office. Have they not got the facility to repost it or fax it or email it. Anyhow no telephone call from BARCLAY'S

today. Now why does that not surprise or shock me. If they cant provide a CCA from July 2008 How can somebody produce it at a minutes notice

 

Unless it was Debbie Maggee and she was going to pull it out of Paul Daniels magic hat. The one he pulls rabbits from.

 

They are all wind and whatnot as they saying goes.

But whats new there. You can see why the banks are in such a mess.

 

Maybe if she makes a complete mes of the telephone call or not make it at all. She might get a bonus . Tongue in cheek . How can you take them serious at all.

 

Well folks no copy of a CCA to put on the thread. I feel i have failed and let you all down. Ohh never mind i can get a job at Barclay's they are used to failures Or it could arrive in the post on the 12th of never

 

Regards Blencathra

[Desperate Daniella]

Hi Blencathra,

 

In answer to your question, no they haven't! So, if you send a dispute letter to the wrong address, it won't have got passed on and you'll still be getting calls from B or M or C. M meaning Mercers of course, and not Mandy, unless of course she gets demoted back to Mercers for losing all the agreements. And that would make her m@m

 

I can't believe they didn't call you back. Gosh, I am soooo surprised.

 

Talking of Paul and Debbie, I heard on the radio yesterday that they have been posing as Posh and Becks. The mind boggles .......

 

Daniella

[sunflower99]

i wonder if they will be able to produce a rare enforceable agreement for me as well! I cant wait to get mine! Going to cca them next week! DD i got more lovely Barclay people ringing me wanting me to be on first name terms with me! They do love acting like your best friend! LOL Well they dont get anywhere with me! I just keep saying who wants to speak to her! LOL and today been telling them im not here when they say Barclays! As im not in a telphone mood today!