Beachy v Barclaycard/Mercers take 2

[slick132]

Hi Beachy,

 

Just cos we don't comment doesn't mean we've not read what you've posted. You seem to have it covered just now..............

 

Happy and prosperous new year to you.

[beachcomber60]

Happy New Year to one & all.

 

Just dont know what to do over this crazy situation.

 

letter sent claiming mis sold ppi on my barclayloan (personal NOT business) NO RESPONSE

 

Letter sent begining of Novemebr requesting 6 years statements to claim back charges on hardship grounds (£10 cheque cleared mid November) NO RESPONSE

 

CCA request made to Barclaycard visa & mastercard October NO RESPONSE

 

SAR request to Barclaycard visa & mastercard October - only 6years statements supplied - LBA letter asking for full SAR - IGNORED

 

Only response from this bank is notice closing my business account

[beachcomber60]

Hi all, let battle commence!

 

I cca'd barclaycard Nov. got no response - account in dispute letter sent again no response, I want to start a claim for mis sold ppi (can't remember agreeing to it, don't think it was optional at the time (Iam also self employed). I did insist that it got cancelled in 2006.

 

Having Subject Access Request they only supplied exactly six years statements and nothing else, between 2002 - 2006 they charged almost 2K to each card, as they can't or won't supply cca for each account does this mean I am being prevented from starting a claim against them.

 

Even though the accounts are firmly in dispute they are charging £24 every month to both cards. By starting a claim would I put our joint account with the bank at risk of closure, the reason for asking is because I have a barclayloan and have sent a claim for mis sold ppi and their response is that they are closing my business account - I was trying to arrange a payment plan with them until I sent my ppi letter then it all went pear shape.

[slick132]

Hi BC,

 

May be time for a brief complaint to Barclays HO detailing the various requests that remain unanswered. Enclose copies of all letters to date.

 

And possibly suggest how it could appear that their only respone, ie the closure notice on the business a/c, could be seen as retaliatory leaving you no option but to complain to the Banking Ombudsman.

[beachcomber60]

Thanks Slick, Happy New Year to you.

 

Time is really against me now, I have six days left before closure and so far have not been able to open a business account elsewhere.

 

My local business manager was on my side and promised to telephone me within a few days of our last meeting, however, no call from him.

 

Due to a healthy trading period Nov./Dec. I am able to bring the personal loan account up to date - would this be grounds for Barclays making a U turn on the closure?

 

Beachy

[slick132]

Hi Beachy,

 

I'd definately contact him and try to keep the a/c open - he should have the authority to sanction this at local level. If he says he has to run it past HO or anyone else, make sure you boost his ego saying you're sure someone of his standing can authorise this decision.

 

If you have good takings to bank and can negotiate re bringing the arrears up to date, go for it.

 

This would give you the luxury of deciding if and when to move your business a/c at a time that suits you.

[beachcomber60]

Evening Slick,

 

* * VICTORY * *

[slick132]

Hi BC,

 

Thanks for the PM and I'll leave you to d/w the update.

 

Suffice to say I'm absolutely chuffed to bits for you.

[photoman]

Evening Slick,

 

* * VICTORY * *

 

Update please !!

 

What has happened ?

 

PM

[beachcomber60]

Sorry for the delay in updating.

 

Had a long meeting with my Local Business Manager to get this sorted once and for all.

 

As a result of his investigation he informed me that a risk assessment (apparantly this is their new policy) had been carried by someone WITHOUT any background notes are knowledge of my current circumstances, it was then recommended that the account be closed.

 

While I was in the branch he phoned the department concerned and basically told them to back off and leave the account alone, I have since received a phone call from HO confirming that the closure notice has been withdrawn, it should never have been issued in the first place, and so it's business as normal.

 

He also stated that in his opinion the PPI should not have been sold and that he is 99.9% sure that it will be refunded to the loan account which would write the loan off. They have thousands of PPI claims outstanding so could not give any timescale.

 

Without the help, support & encouragement from CAG I would never have found the willpower to confront the bank, thank you guys so very much.

 

Beachy.

[slick132]

Well done Beachy - good for you !!

 

This now gives you some very valuable breathing space and you can consider matters about your business a/c at your leisure.

 

[banker_rhymes_with]

Hello Beachy!

 

But don't forget how much hassle this has been, and how close they came to closing you down.

 

While this is still fresh in your mind, I'd make it a priority to get yourself a 2nd Business Bank Account somewhere else PDQ.

 

Then start using it for the odd transaction, just to keep it running as an immediate fall back should this ever happen again.

 

With that in place, you can then change horses mid gallop, and leave the Barclays nag behind if it goes lame on you again.

 

Cheers,

BRW

[beachcomber60]

Back in January 2002 I had a meeting with my bank manager (yes - actually did have real managers then) to discuss a small business overdraft that the bank wanted back, he arranged a business loan to cover the overdraft but insisted that the loan be covered by PPI even though he knew of my self employment status.

 

With the media coverage of mis selling of ppi and the knowledge that the bank has been fined heavily for mis selling, wot's my chances of a claim?

 

I forgot all about this one until I was trawling through some old paperwork today and found the agreement, signed 26th January 2002.

 

Beachy

[hellhasnofury]

Back in January 2002 I had a meeting with my bank manager (yes - actually did have real managers then) to discuss a small business overdraft that the bank wanted back, he arranged a business loan to cover the overdraft but insisted that the loan be covered by PPI even though he knew of my self employment status.

 

With the media coverage of mis selling of ppi and the knowledge that the bank has been fined heavily for mis selling, wot's my chances of a claim?

 

I forgot all about this one until I was trawling through some old paperwork today and found the agreement, signed 26th January 2002.

 

Beachy

 

Hello BC

 

So this has just come to your attention, so get after them:D I am after ppi from 1996, 1997 and 1999. I too have just found this.

 

They off course will argue and state the limitation act, but you can allows quote the mis-representation act:D

 

When did the loan finish???????

[beachcomber60]

Morning HHNF,

 

Someones up early this morning or just finished a nightshirt, like me.

 

The businessloan finished January 2007, ppi amount was £767.88 + £211 interest.

 

BC

[hellhasnofury]

Morning HHNF,

 

Someones up early this morning or just finished a nightshirt, like me.

 

The businessloan finished January 2007, ppi amount was £767.88 + £211 interest.

 

BC

 

Hiya BC,

 

Just up early, but off to work soon:rolleyes:

 

If the loan finished in January 2007, they will still hold information relating to the account, maybe SAR them.

 

The claim is worthwhile pursueing:D

 

Hope you sleep well:D

[beachcomber60]

Cheers for that, have a good day.

 

Walk the dog then pick up the wife, brekki then bed

[lexis200]

They off course will argue and state the limitation act, but you can allows quote the mis-representation act

 

Hi

 

Any chance someone could explain this quote please, as I thought once you'd hit the 6 years it just started dropping off?

 

I have an account I'm looking at for OH which started in about 00/01, and getting the charges/PPI from back then would substantially increase the claim!

 

Thanks very much

 

Lexis:)

[beachcomber60]

Finally recieved a response to my cca request.

 

 

 

Side 2

 

 

Was it worth the £1 ?

[beachcomber60]

Finally received my cca (I use the term loosely!)

 

Absolutely identical to the cca received for my visa account, must be photocpying them by the thousand, as the smudge marks are identical on both 'cca's'

 

 

 

Side 2

 

[slick132]

Hey Beachy,

 

Woohooo, another set of BC T&C's!!

 

You could respond with the letter from here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1821561

 

Or proceed along the lines suggested in the link in post #37 above.

[slick132]

Hi Beachy,

 

Have you sent them a Non-Compliance letter re their failure to provide data required by your SAR.

 

Are you going to try the CPR route for the Credit Agreement.

[beachcomber60]

Hi Slick,

 

It's a yes to both questions - can't see an alternative way of getting the info.

 

Beachy

[slick132]

I'd pursue the SAR non-compliance matter - have you looked at making a complaint to the IC Office.

 

.....or at issuing court proceedings to force them to respond.

[beachcomber60]

Fair to say I'll take whatever course of action in order to get the information they do or do not hold on me.

 

The way things are going with their recent job losses it'll be a case of last one out turn the lights off!

 

Beachy

 

PS. Seeing as it has taken since 31/10 for them to send the cr@p that I received yesterday and the fact that I have already sent them LBA (ignored), I should really seriously consider going to court.

Edited January 15, 2009 by beachcomber60
PS added