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roko20650 v Barclaycard


roko20650
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Hi, thanks for the support and the info. I will take a good look at your link about not using CCA, my husband and I have a Barclaycard each so it might help to elicit more info from them. Roko

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hiya roko20650

 

further to my post no 24

 

will be back to give you the link for the barclaycard case at court today

VERy interesting reading :D

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

have a sunny day

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi All, Just a quick with the latest letter about Barclaycard from Mercers, have not yet had time to read your link Sm37 will do later this evening, in the meantime what do you think of this, had anything similar, some advice as to what I should do next would be helpful. Roko

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  • 1 month later...

Hi all, Some more advice please. Have received loads of calls and letters from Mercers and have in the main ignored, however, sent them a Subject Access Request on the 27th May, I think recorded delivery. This letter has crossed with that. What now?

 

Do they still have to reply as their letter attached says they will not enter into correspondence any more with us because they have supplied what they are required to do.

90528 Barclaycard DA.pdf

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Hi all, Some more advice please. Have received loads of calls and letters from Mercers and have in the main ignored, however, sent them a Subject Access Request on the 27th May, I think recorded delivery. This letter has crossed with that. What now?

 

Do they still have to reply as their letter attached says they will not enter into correspondence any more with us because they have supplied what they are required to do.

 

Yes they still have to comply, a Data Access request is a seperate issue , they would be in breach of the Data Protection Act 1998 if they do not fully comply within 40 days .

As to the attached pdf , that is their opinion it would be wouldn't it , if there were no prescribed terms in the 'application form ' for example,how would you know what you were signing for .

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  • 4 weeks later...

Hi All, Now received a reply from Barclaycard to my Subject Access Request. I sent it on the 26th May and received it yesterday. All they have sent me is copies of statements of my account back to Jan 2004. There is nothing signed, no forms, no T&C's although the latest versions of these has been received before. They confirm in their letter that this is all they hold! What now, can they enforce the debt if they confirm they have nothing signed and are they allowed under Data Protection to pursue me through debt collector? I have been receiving regular calls and letters from Mercers who are threatening by phone call and letter to instruct local debt collectors to call at my home! Help and advice please on next step. Roko20650

Edited by roko20650
bad spelling
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I am in a similar position with Halifax and HFC having sent them an SAR I've mostly recieved statements for my accounts but no agreements/default notice etc..... I have written back to them requesting them to include exactly the documents I require or to confirm that what they have sent me is all they hold on me in writing...

 

This is the key pint when sending an SAR, if you are no specific enough in what you require the bank will just send you statements as most pople send in SAR's to reclaim bank chanrges therefore, te bank assumes tis is the purpose of your SAR as well...... however, if you specify that you want agreements/default notices/notices of asginment and everything else that you want then they should send you this.... Maybe try writing back to them an advise them their response to your SAR remains incomplete as they have not sent all the info you requested, and then list exactly what it is you want from them, otherwise get them to confirm in writing that, that is all the info they hld on you....

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Hi Stressed150, The letter I sent is the very comprehensive one in the templates which clearly asks for everything they hold as you suggest above, and they have confirmed in their letter "this is all the information you hold" but that cannot be the case. I have had telephone conversations with them in the post requesting them to reduce the interest rate etc and they should be able to reproduce all that. So I'm suspicious. As I sent the request on the 20th May the 40 day period is now up. Do you know what happens now? Roko20650

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Ok, if you know that they definitely should hold more info on you, then you need to write back stating that their response to your SAR is incomplete, and then state all the documents you do specifically require, I know you mentioned that you have already done this, however, most banks are aware of this website, and the template letters used from here, as I mentioned before, most people do tend to use the template letter you used when they want to reclaim bank charges only, hence all they want is bank statements, therefore, the bank will have assumed that you only wish to reclaim charges....therefore, even though you have already requested the info you require, you still need to write back to the bank and tell them again the info you specifically require, but my advise would be not to re-use the same template letter, but maybe write something in your own words so that they are aware you do require any other info..... This is what I have done approx 4 days ago, the bank have not written back to me just ye but once they do I'll let you know what they say.....

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BTW, if Bcard confirm that they don't hold any further info, then that would surely be an admission to the fact that they don't have a CCA...... I'd be inclined to send them the 'I do not acknowledge this debt to you' letter and see what they have to say..... but maybe write the Response to SAR incomplete first and see what they have to say to that....

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Thanks, Stressed 150m Yes I will do what you suggest. Both my husband and I have Barclaycards independently and they have just sent the exact same stuff to him. Just statements. I will write again and send Recorded and post here what there response is. Do you know what happens whenthey exceed the 40 days and they have in my husband's case?

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