Barclaycards response to my SAR!

[Zorro01]

Hi guys and gals.

 

It looks like I am going to need your help again with this one. I have decided that Barclaycard are either stupid or stupid or both.

I SAR barclaycard a while back and on Saturday morning I recieved a big white envelope which I signed for and low and behold it was from Barclaycard. I open the envelope and inside was some correspondance that I had recieved from mercers and some correspondance I had recieved from Barclay's. There was also literally hundreds of screen prints that I have been through with a fine tooth comb and I still can't make any sense of the info on them infact I am pretty sure only a Barclaycard employee would make sense of them.

There was no CCA and not a single statement or anything relating to the PPI that was on the account (which they put there for me without my knowledge).

So now what do I do? I want to get all my charges back from them and they don't send me ANYTHING that I can actually use?

Any ideas and if so what time scale should I give them?

Please help cause they are really starting to get on my last nerve?

[Zorro01]

Quick update. I just recieved a call from the data protection team at Barclaycard (i left them a message on saturday).

They said that in my SAR I required all info including my cca and they just said they don't have to send me one becuase it is only coverd by CCA 1974 (is this true and I can't request it in sar)? They told me that they have sent me all the info they hold on me which i strongly disputed and said I haven't recieved a single statement or anything to do with the dodgy PPI. I feel they are really trying to cover there backs about the PPi thing. They said they will get the rest of the stuff to me within 14 days (which will push them well over the 40 days time limit). Anyone got a good idea for a letter regarding the info I have mentioned in these posts???

[silverfox1961]

HI,

I was under the impression that a SAR should bring back everything that is related to your name. A CCA certainly meets that criteria.

 

Personally, I wouldn't speak to them on the phone anymore (unless you are recording it) and do everything in writing

[the_shadow]

As per the screen shots with codes... did they send a list of codes and their meanings, if not they are in breach of the SAR and you should complain to the ICO.

 

As per the CCA, they will claim this and I've seen where the ICO has basically just turned a blind eye and suggested a s78 request to obtain it, of course we all know Barclays dont respond to s78 with anything other than terms and conditions.

 

See this for a proper s78 response and what it should be.. Enron quoted it on another thread so I'm just spreading it around http://www.creditlaw.co.uk/Documents/true%20copies.pdf

 

Other option to get the agreement is CPR31.16 as per this thread, although this will involve a court hearing though. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

S.

[slick132]

Just to add, a complaint to the ICO may take many months before anything is resolved.

 

So you'd be wise to go back to BC and complain. See items 18 and 19 here - The Consumer Forums - Bank charges templates (consumer)

 

If it's the Credit Agreement you're after, you should send a formal CCA request with the £1 fee, even though BC will only send back general T&C's. Use Letter N from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If you read threads here in the BC forum, you'll see how hard BC are making it for users to get sight of their Credits Agreements.

[Zorro01]

BC have managed to send me all my statements now and they have told me they will send me my CCA / application form.

There are loads of charges on the account some of which are over limit charges. Now here is the problem that I have. On a several occassions I went over my limit when BC had taken payment for card protection / PPI which has I have mentioned in previous posts was something I wasn't even aware that I had. What should I do as they have charged interest on the over limit charge even though it was there own COMPULSARY PPI that put me in that position.

I plan to reclaim the charges but I am totally unsure as to my rights regarding the interest levied against me at the times mentioned above. Any ideas on what to do about this???

[the_shadow]

BC have managed to send me all my statements now and they have told me they will send me my CCA / application form.

There are loads of charges on the account some of which are over limit charges. Now here is the problem that I have. On a several occassions I went over my limit when BC had taken payment for card protection / PPI which has I have mentioned in previous posts was something I wasn't even aware that I had. What should I do as they have charged interest on the over limit charge even though it was there own COMPULSARY PPI that put me in that position.

I plan to reclaim the charges but I am totally unsure as to my rights regarding the interest levied against me at the times mentioned above. Any ideas on what to do about this???

 

The CCA should show you if you applied for PPI (but only if they actually send it). If they dont send it you can try requesting it as you think you were missold or didnt ask for PPI.

 

You should claim back all overlimit and late charges and claim the interest back, if you claim the s69 stat interest they'll usually pay it no problem without court, if you want contractual interest which is what they actually charge you on the amounts, you'll more than likely have to instigate court proceedings

 

Have you looked at the charges spreadsheet in the templates library, you'll need to input the amount of charges in there and it'll work out the interest for you.

 

S.

[Zorro01]

I'll do that now.

Thanks for your help.

[Zorro01]

Right I have done my letter and worked out the statuary interest and will be posting it off tomorrow. If they don't pay me then I am going to go for contractual interest through the courts if I have to.

 

I just need to do another letter in relation to the card protection (i have dug out a couple of templates that I will amend).

I will keep you all informed of the details when I get a response.

 

Not holding my breath for the CCA to turn up as promised so I may have to send a seperate letter requesting it.

[Zorro01]

Hello All.

 

Im afraid the plot thickens and it looks like BC have been up to mischief regarding my supposed APPLICATION FORM which has most certainly been tampered with and dockerd at some point. I took out the credit card at the end of 2006. However in 2004 I applied for a Barclaycard (which was turned down) via one of their reps in my local shopping centre. Remember the date all 2004. On the app form they sent me it refers to 2004 and signed by the guy i spoke to and yet on the very next page it has my signature and is dated 2006. So on the one form it has 2 different dates 2 years apart signed by them 2004 and signed in 2006 by me alledgedly. This so blatant it is criminal. They also sent me through an unsigned CCA that is missing the perscribed terms.

What should I do about this as I feel there is a fraud claim on the cards here....

Any ideas

[slick132]

Re their CCA response, I doubt you'll get far re fraud, but you may have some mileage if the doc'ts provided do not make sense.

 

I'd write back and point out the various discrepancies and tell them they will have to supply the correct agreement. Until then, you will pay no more.

 

Any amount you reclaim in charges will be set against the a/c balance if they repay voluntarily. If they don't and you go for contractual int't filing a claim at court, you should be able to get the charges and interest repaid to you direct.

[Zorro01]

I am now a little concerned regarding Barclaycard and how they gather there information.

Basically this morning I have recieved a final response to my request for a CCA and details regarding payment protection / card protection that was applied to my account. They have sent me some screen prints from a Barclaycard internal software program called Weblink for Vectus 5.1 which looks like an online application etc and a page of Barclaycard conditions which has no priscribed terms regarding apr, payments etc and at the top left of this page it says continued from previous page (yet by magic there is no page sent to me with this magical first page.

 

Also on the screen prints there are a few issues here also. When I got my Barclaycard / when I became interested in getting one I filled in the form asking to be contacted by one of there representatives i didnt however fill in an online app only enough details for them to contact me. They have no dates on the screen prints, the maiden name they have on there is completley different than my mothers maiden name.

On the first print off it says "Insurance Sold - YES" On the second Print off it Says What the credit limit was offered and what credit limit was accepted ( i didn't find this out until during the call back that my enquiry prompted).

 

Is anyone familiar with recieving similar information from barclaycard as response to a CCA. Can anyone advise if what they have sent should prompt me to start paying them again.

Please bear in mind when answering this that they already tried to pass on a doctored app form with a multitude of errors on it previously and this is there response to my ACCOUNT STILL IN DISPUTE LETTER.

Someone help please.

[Zorro01]

Bump

[Zorro01]

Hi All.

I really need some advice on this otherwise I am going to have to ring them and discuss it with the muppets. Can anyone answer my query please???

[slick132]

Hi Zorro.

 

I know BC were confused about which year you took out your agreement.

 

Are they now suggesting you applied on-line, when you didn't. Please confirm.

[Zorro01]

Hi Slick,

 

Yeah thats just it. The only details I sent them online was to request a call back from one of there advisors who went through the details with me But I didn't click a box and i didn't want the payment protection. On the screen print they sent it has a box that say's mothers maiden name and if I had filled this form in online like they suggest then I would of at least gotten this part of it correct. I mean it isn't a typo or anything. Rather than my mothers maiden name it has the Name "GEMMA"?!?!?!

I called them before and they said that is there final response to the matter and to go and take it to the ombudsman. They said they will not discuss the issue any more. There are just two many Fishy things going on with this company and I truly do not trust anything they say. Some help please slick as I am at a loss of what to do now. ?????/

[Zorro01]

One more thing that might be worth me adding and I think my sucpicion may be correct about this is. On one page of the screen print it says.

"Card protection sold" To which the answer they put is "YES".

I am thinking now that the screen prints I am seeing would be from the internal system an advisor / sales / customer service person would use when to input details. Truth is though I can not prove this as a fact and I don't know how to find proof as I have already SAR'd them etc.

[slick132]

So, if I understand correctly, you contacted them on-line, they phoned you to d/w the application and the account was opened in 2006 as a result.

 

Did they send out any paperwork for you to sign afterwards.

 

Apart from you saying you didn't actually ask for the PPI, is there any reason why PPI would be inappropriate for you (eg you were self employed, unemployed, etc). This would be another angle from which you could reclaim the PPI.

 

With their dodgy paperwork, I'd be inclined to tell them the stuff they've produced so far clearly confirms their documents are highly questionable and you would therefor be happy for them to take you to court. You would then have the opportunity to prove their failings.

[Zorro01]

The only paper work i was sent out was the "welcome to Barclaycard" stuff and then a few days later my pin and then my card. The account was opened in 2006 as stated in your post and it was the guy on the other end of the phone spealing off the facts and figures and I just said yep thanks manwell. I remember him pushing card protection and I distinctly remember telling him that I did not need it as I had a similar thing already which covered all my cards, passports etc etc and I didn;t see the point in having two. Yet it is right there on the screen print. Please also bere in mind that up until 20 days ago BC denied I had ever even had this card protection?; they said when I first started out looking into this " you have never had card protection mr zorro so we cannot help you with your enquiry" so I don't know what on earth is going on. I am going to have a think about what letter to send them and then report back.

Thanks for your help once again slick. If you have any idea's on a good letter then please let me know.

[the_shadow]

Please also bere in mind that up until 20 days ago BC denied I had ever even had this card protection?; they said when I first started out looking into this " you have never had card protection mr zorro so we cannot help you with your enquiry"

 

Did they give you this in writing at all?

 

Are you sure you didnt apply fully online, all it takes is a tick in a box to count as your signature?

 

See this posting as to what counts as a confirmed binding online agreement. HERE (the MBNA online application almost at the end of the post)

 

Hopefully not and Bcard have cocked up big time here

 

S.

[Zorro01]

Hi the shadow,

 

They didn't give it me in writing I am afraid although I asked for it. Also thanks for the link in your post above. I had a look at that yesterday and I have not got anything like that sent through from barclaycard which is why I am confused by it all. And the other point I would like to make is If Barclaycard had such concerent evidence regarding my CCA why whould they doctor another one and try and pass it off as the real thing?

 

Would it just be a tick box on it's own or would it be with the prescribed terms and other information???

 

My scanner is broke at the moment but there is a link on here to someone who was sent almost identical screen shots, I will find link for you to take a look to see if what they have sent is legit.

[Zorro01]

This is the link.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/138493-received-reply-frm-barcley.html

 

half way down the page is some external links to photos similar to mine. Is this proof / valid.

[the_shadow]

Hi the shadow,

Would it just be a tick box on it's own or would it be with the prescribed terms and other information???

 

at the time of application if you did apply online it would be after the display of the key financial information (prescribed terms).

 

The tickbox became accepted as a signature in December 2004. What date are Barclays claiming the account was opened... in 2004 or in 2006 now?

 

S.

[Zorro01]

Took out the account in 2006 and I don't think I ticked any boxes as it was merely My name address and contact number then within say 20 mins I had a guy call me back to go through my details, and boy was he pushing the card protection thing. The thing is I am probably going to have to accept now that what they have is legit and go for all my charges and card protection monies back as I can not prove that the guy on the other end of the phone didn't fill in the details for me including ticking legally binding boxes. The screen prints I have from BC look similar to a database I use to use; Kinda like a tool to assist me (or the BC customer service guy) whilst dealing with people over the phone in a manner of data inputting.

It is going to be real tough I feel to argue this in a court though I feel so would you recommend that I just go after the charges etc including PPI like I origionally planned or should I fight this one out giving all the facts I have stated in this post including forged documents and numerous incorrect info relating to me?

You can see my predicament - Its a tricky one this????

[the_shadow]

It is going to be real tough I feel to argue this in a court though I feel so would you recommend that I just go after the charges etc including PPI like I origionally planned or should I fight this one out giving all the facts I have stated in this post including forged documents and numerous incorrect info relating to me?

You can see my predicament - Its a tricky one this????

 

If this ever got to court then they would have to produce something showing your signature to the agreement, yes this can just be a tick in a box but it must still be set out correct and they will need to show that the prescribed terms were also displayed prior to you accepting.

 

If they sold it over the telephone and havent got a signature either digital or by hand then hard luck Barclaycard in my humble opinion.

 

You could attempt to get the PPI and charges back against the balance of this account. If the PPI "flag" on there database shows it was selected they'll argue against it but if you ask for proof you requested it? a transcript or recording of the phone call would be priceless as it potentially could show as above that you never signed anything as well as the fact you said no to PPI.

 

Did you ask for copies of recordings in a SAR? If they didnt provide it write asking why and threatening a complaint to the ICO if they dont provide it, would get you confirmation of whether they kept the recording or not also.

 

S.