Barclaycards response to my SAR!

[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.

[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.

[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.

[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.

[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.

[the_shadow]

i asked for the recordings as part of my sar but they failed to produce them. Any ideas on a letter to give them a nudge in the right direction and forward them to me??

 

Hmm personally I'd write back in a non-template letter and if you've got it the rough date of the call.

 

Something along the lines of...

 

Dear Sirs,

 

I am in receipt of my Subject Access Request from yourselves dated xx/xx/xxxx. Unfortunately the request has not been complied with fully in accordance with the Data Protection Act. In my letter dated xx/xx/xxxx I specifically asked for recordings or transcripts of taped recordings to be provided. One such conversation I have had with your customer advisors was on xx/xx/xxxx. To fully comply with this subject Access request I expect you to either provide this recording, a transcript of said recording or confirmation in writing that this recording is no longer held by yourselves.

 

Yours

 

xxxx

S. Edited July 22, 2009 by the_shadow
tweaked the letter

[the_shadow]

If they have not complied with the s78 request fully then the only thing you can send is the account in dispute letter, but please bear in mind it doesnt matter what you send them they will NOT accept their is a dispute and will carry on with the collection process/defaulting you etc.

 

S.

[the_shadow]

what about cpr route. is this a viable option?

 

It is but Barclaycard will not give you your agreement unless you are prepared to take them to court for it.

 

S.

[the_shadow]

Thanks S

I am so ready for taking them to court. I will look into it.

Also I would like to know how to go about getting a court order to get HFC bank to send me my SAR. see here--> http://www.consumeractiongroup.co.uk/forum/hfc-household/209351-wheres-my-sar-hfc.html

Do you have any knowledge of how to kick start this. I don't know where to begin and you have been around the forum much longer than I have and I could really do with some advice on this.

 

Responded on that thread.

 

S.