Barclycard, Barclays joint bank, Barclays mortgage?

[catuk]

Hello, I recieved a letter from Calders beginning of January, same as most folk I expect. Then a few days ago my phone started ringing; I've substituted a fake name for myself naturally. I answer the phone and the conversation went like this:-

 

Calders: "John Jenkins?"

Me: "Who?"

Calders: "John?"

Me: "Who's John?"

Calders: "Is that John?"

Me: "Who are you?"

Calders: "John Jenkins?"

Me: "Who's that, I dont know any John Jenkins and who are you?"

Calders: "This is Calders Financial"

Me: "You got the wrong number m8"

 

Man from Calders put the phone down.

 

[slick132]

Hi Cat.

 

Just the usual stuff from Calders aka Mercers aka Barclaycard.

 

Did you send off, and get a response to, your SAR ?

 

[catuk]

Hi Cat.

 

Just the usual stuff from Calders aka Mercers aka Barclaycard.

 

Did you send off, and get a response to, your SAR ?

 

 

Hi Slick, I did send off for my SAR and recieved it. A lot of computer printouts:eek:! There are only a handful of charges so I'm in two minds what to do about them yet.

 

Thanks, Cat.

[slick132]

How many charges and how far back do they go.

 

[catuk]

Ref my recieved SAR request.

 

slick132, could you or somebody please help me with a suitable letter to send to BC requesting data relating to each penalty charge detailing the date and amount as the only info about charges in my SAR are very minimal in that they dont itemise any dates.

 

Thanks, catuk

[slick132]

Hi Cat,

 

You can use a letter adapted from here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

[catuk]

Thankyou slick132

[Mitch524]

Hi Cat,

I'm getting the runaround from BC also re CCA request and now have Mercers on my tail.

When you SAR'd BC did the provide you a copy of the original CCA or is it still missing ?

As far as I'm aware this must be provided as part of the SAR.

[catuk]

Hello Mitch, I didn't recieve any CCA with my SAR; the only bit pretaining to be a CCA from BC I had was in the beginning of the whole process and that was the usual T&Cs.

I'm just about to send off a letter regarding the charges, as in the SAR the info provided was minimilistic at best (no specified transactions/dates).

 

The SAR was a lot of computer printouts with a lot of data but more importantly didn't show day to day/month to month transactions as in the statements you get once a month for your BCard.

[slick132]

The credit agreement will not be provided in response to a SAR, which is a demand for data which is held, and not documents.

 

If you press the point, the bank may confirm the data which is on the agreement, but not provide a copy of it.

 

If you want sight of the credit agreement, you must start with the CCA request and move on from there.

 

[Mitch524]

Slick,

Done all that as stated in my thread just looking for a way to force these guys to provide the information we require.

Seen in other threads that involvement from FOS seems to get results may draft up letter stating to BC that getting FOS involved pushes them to provide some sort of response why can't they just provide what is asked for without getting them involved. Simples !!!!

Cheers Mitch.

[slick132]

Hi Mitch,

 

I'll deal with this on your thread to avoid hijacking Cat's thread further.

 

[catuk]

Just the latest letter I've recieved:-

 

[slick132]

Hi Cat,

 

Have you had a default notice on this a/c.

 

Any joy yet in getting the a/c data in response to your SAR.

 

Ignore Calders and their Snot-o-Gram.

[catuk]

Another letter for the collection, first one from whoever these are, should I send this company the account in dispute notice and ask "unlikely I guess" if they have the CCA? :

 

[slick132]

Hi cat,

 

Have you had a full response to your SAR yet.

 

If not, this would be sufficient to consider the a/c to be In Dispute and you could send the latest DCA the "Bemused" letter.

 

[catuk]

Hi Slick, I had the default notice from Mercers earlier in my thread here;

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/197756-barclycard-barclays-joint-bank-3.html

 

This is what I just had from Debt Managers who are the 4th and latest DCA to hound me. I've already sent Debt Managers ( and the other DCAs) the account in dispute letter.

 

[Desperate Daniella]

Debt Managers are regulars on the Barclaycard list and as you can see a lot MAY happen.

 

DD

[catuk]

Debt Managers are regulars on the Barclaycard list and as you can see a lot MAY happen.

 

DD

 

Hi DD, should I send Debt Managers any other letters or sit tight and see what comes next?

 

Thanks.

[Desperate Daniella]

Hi Catuk,

 

No, if you've sent the account in dispute letter just wait for them to reply. I think I got about three letters before they went away.

 

DD

[catuk]

Thanks DD:)

[oilyrag]

Hi CatUK

 

I noticed that you questioned who Calders were earlier, take a look at the tiny print at the bottom of their letter. They are part of Mercers who in turn are part of Barclaycard. They just pass the details across the gangways desk to desk in the thuggery unit based in Liverpool. However whilst all this is going on they may use several others including Power2Contact, Resolvecall, Scotcall, Credit Solutions (another desk in Barclaysharks thuggery unit), Moorcroft and of course you have seen Debt Managers. None of them really like you knowing anything about the Law but all can be seen off with a little perseverance and digging your heels in.

 

However the Default Notice you have received from Mercers will be defective in a number of ways, it won't have the full name and address of the original creditor on it, it probably will not have given you the statutory requiremnt in terms of clear days to remedy the default and of course the figures will be wrong because they will contain unlawful charges and the Law requires those figures to be absolutely correct. Now you have the formal demand from Calders, does this demand the full outstanding balance on the alleged account? If it does then this can be treated as unlawful recission on the back of a defective DN. There is a weight of opinion on this forum that this termination should be accepted in writing. At this point the OC can only ever claim the correct amount of arrears at the time of termination NOT the full outstanding balance. Plus this will also leave them open to a claim for damages for the unlawful recission of the alleged account as per the Koprahor case. There is a very good but complex thread on Invalid Default Notices in the Debt Collection Forum. Its certainly worth a read.

 

regards

oilyrag.

[catuk]

Hi CatUK

 

I noticed that you questioned who Calders were earlier, take a look at the tiny print at the bottom of their letter. They are part of Mercers who in turn are part of Barclaycard. They just pass the details across the gangways desk to desk in the thuggery unit based in Liverpool. However whilst all this is going on they may use several others including Power2Contact, Resolvecall, Scotcall, Credit Solutions (another desk in Barclaysharks thuggery unit), Moorcroft and of course you have seen Debt Managers. None of them really like you knowing anything about the Law but all can be seen off with a little perseverance and digging your heels in.

 

However the Default Notice you have received from Mercers will be defective in a number of ways, it won't have the full name and address of the original creditor on it, it probably will not have given you the statutory requiremnt in terms of clear days to remedy the default and of course the figures will be wrong because they will contain unlawful charges and the Law requires those figures to be absolutely correct. Now you have the formal demand from Calders, does this demand the full outstanding balance on the alleged account? If it does then this can be treated as unlawful recission on the back of a defective DN. There is a weight of opinion on this forum that this termination should be accepted in writing. At this point the OC can only ever claim the correct amount of arrears at the time of termination NOT the full outstanding balance. Plus this will also leave them open to a claim for damages for the unlawful recission of the alleged account as per the Koprahor case. There is a very good but complex thread on Invalid Default Notices in the Debt Collection Forum. Its certainly worth a read.

 

regards

oilyrag.

 

Hi oilyrag, the figures on the Mercer DN are different to the Calder Financial "Formal Demand for Payment" and the Calder one states:-

 

"As you have not complied with the recent Default Notice, the outstanding balance as shown above is now due in full and we demand that you pay us this ammount immediately. Your balance will continue to acrue interest at the current rate until we recieve this payment. We will no longer send statements to you."

 

I had a letter from Debt Managers today of which I'm not sure how to take it; any thoughts guys/girls?

 

[Desperate Daniella]

They don't have an answer, so they have gone away.

 

But now you'll hear from someone else.

[catuk]

Evening, 4 DCAs so far and the last one Debt Managers, have closed their file and returned it to BC. Am I likely to hear from another DCA or BCard now?

 

Thanks.