Barclaycard CCA...what to do

[Onslowette]

Hi, Im fairly newish to this site and am trying to get to grips with it all - with some help!

 

Let me give you some background to this case -

I had a marriage break-up in 99 and was left was tons and tons of debt. Which over the last 10yrs I have gradually paid off apart from 2 debts.

 

At the time I went to Baines & Ernst - I know now I shouldnt have but back then didnt know any better. They set up an agreement for me to pay barclaycard £15pm. I left B&E several years later and increased the payment to £18pm. My situation changed and unfortunately in June 2007 I had to decrease payments to £10pm - which bcard agreed to with interest frozen.

I was paying that amount until March 2009 when they suddenly upped it to £20 and added interest. I wrote and asked to continue to pay the £10 and this was all denied. As I cant afford the £10 let alone the £20 the amount of debt is increasing as “default charges” are being added on to each statement – which also now state mercers are dealing with debt.

 

I decided to ask for a CCA, one main reason ios Id discovered that one of the other debts Id been paying off for the last 10yrs I was actually only the additional card holder!!! As they hadn’t been able to trace ex hubby – he left the country – they had chased me for it and I had just (wrongly) assumed it was a joint account and not just me as an additional. So I wanted to check this was defo my sole account!

 

I sent a CCA request to Mercers on 4 July. I received a letter in reply from Barclaycard on 13 July stating…..” Please find enclosed a copy of your latest executed agreement” - but there was nothing enclosed – “However the intestest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.” Yet 1st July statement had a default charge……

 

I responded to their letter immediately and informed them there was no agreement with their letter and again asked for a true copy of the CCA within the statutory time limit.

 

I have no received the following letter – I hope it attaches ok.

 

Im completely stumped as to what to do next. If they are trying to baffle me and scare me off with further contact its working!! Im trying to pay them token payments but Im struggling to even do that…..

[Onslowette]

Dont think the letters showing properly ooopss let me try this - hope it works!

[Onslowette]

http://img41.imageshack.us/gal.php?g=20656311.jpg

Edited August 9, 2009 by Onslowette

[the_shadow]

Barclays are well known for sending empty envelopes or ones with just letters and no extra information in it.

 

Unfortunately if they had sent anything it would have been a set of current t&c for the Barclaycard.. they dont send out agreements in response to s78 requests anymore.

 

You could right back marking the letter formal complaint and advise you have been sent nothing but I'm afraid I think all you'd get back is the t&c.

 

The only options I can see are take them to court as part of the CPR procedure to get the doc or stop paying and inform the DCA(Mercers who are Barclaycard anyway) that you wont pay until you see the doc.

 

Sorry cant be more positive..

 

Are there any charges you could possibly reclaim to reduce the balance? have you done a SAR to BArclaycard to get your statements? Unfortunately it costs £10 but if you think you've had charges in the past Barclays are repaying them without a great deal of fuss at the moment.

 

S.

[Onslowette]

Hi, Thanks for the help. There must be late payment charges on the account but I would assume that they would all mainly be from back in 99 or 2000 - it would be too late to try and get any of those back wouldnt it? The only other charges are ones being added on monthly for their "default charges"......

[the_shadow]

Hi, Thanks for the help. There must be late payment charges on the account but I would assume that they would all mainly be from back in 99 or 2000 - it would be too late to try and get any of those back wouldnt it? The only other charges are ones being added on monthly for their "default charges"......

 

Ok in theory using s32 of the limitation act you could claim back older claims citing the fact they were unfair fees was hidden from you until the OFT decided to investigate the banks and advised a case was brewing, so it would be 6 years from that date.

 

Problem is getting the old statements from Barclaycard to see what the charged amounts were.

 

You should be able to claim back the "default" fee's that they are adding presently tho.. unfortunately thats not going to make much of a dent in the balance I'm guessing.

 

S.

[Onslowette]

There may be one other thing I could attempt.....what do you think -

 

They say that due to agreement theres no charges (there is) and no interest(some statements there is some there isnt). Although I dont have all the old statements. I have got a list of all payments Ive made since 01.07.02 (when everything was defo meant to have been frozen) when balance was £1616.12. Ive paid a total of £1313. Which would leave a balance now of £303.12 but they state I owe more than double that......Perhaps I could attack at that angle??

[the_shadow]

There may be one other thing I could attempt.....what do you think -

 

They say that due to agreement theres no charges (there is) and no interest(some statements there is some there isnt). Although I dont have all the old statements. I have got a list of all payments Ive made since 01.07.02 (when everything was defo meant to have been frozen) when balance was £1616.12. Ive paid a total of £1313. Which would leave a balance now of £303.12 but they state I owe more than double that......Perhaps I could attack at that angle??

 

If you have the letter stating no charges and no interest then yes.. ask them to confirm the outstanding balance in accordance with payments made.

 

S.

[Onslowette]

Just an update on my situation with Barclaycard

 

* still awaiting conf of the outstanding balance in accordance with payments made.

 

* still receiving letter saying debt collector will be calling - I just keep responding asking for the same info and pointing out I will only deal with the in writing.

 

Am going to SAR them but havent got the money this month.....

[slick132]

Hi Onslowette,

 

Without a list of charges on the a/c, I think you'll be at a disadvantage from the outset. You could start a reclaim based on the estimate as mentioned by you above, leaving them to confirm accurate figures if they dispute yours.

 

However, this would leave you with no info re dates and this would leave you unable to reclaim Restitutionary Interest. Claiming such interest on older charges would probably make a huge difference to your claim, if you were up for a fight and wanting to take a big chunk out of what you owe.

 

So go ahead with the SAR and when they fail to supply any data beyond 6 years, complain to the ICO (free).

 

If it comes to court action, do you know if you'd qualify for remission of court fees - http://www.consumerforums.com/resources/templates-library/58-helpful-external-links/213-court-fees-do-you-have-to-pay-them

[Onslowette]

Thanks so much for the advice. Im definately going to have to SAR them, I dont see any other way.

I wouldnt qualify for remission of court fees as we dont qualify for any benefits - not even getting child tax credit due to an overpayment (according to them but dont even get me going on that subject) - and my other half earns to much I believe....

[slick132]

Hi Onslowette and comments noted.

 

The ICO will be the way forward if you can't afford court fees to force BC to produce the older data.

 

If finances changed and you could afford the court fees (which you could reclaim from BC later), have a read of Articles 18, 19 and 20 here, concerning court action to get the data - The Consumer Forums - Bank charges templates (consumer)

 

[Onslowette]

Update:

Still waiting for SAR to be acknowledged BUT have now had a letter from them stating they can find no trace of the letter they sent me stating that no interest/charges would be added to account and could I send them a copy?! Which Im doing now

 

In the meantime Ive now started receiving threatening calls from Calder Financial. They ask me to answer security questions when I refuse they start shouting they are coming straight round!! A nasty bunch of people! Im still paying the account. Only paying £5 a month as OH been made redundant and we have no money. The arrears on this account is £91.20 and outstanding balance is £742.06

[slick132]

Hi Onslowette,

 

Just continue to ignore Calders, apart from mentioning at the start of any call that it is being recorded. Refuse security questions and hang up. They'll get bored eventually.

 

I wouldn't send BC anything at the moment, apart from a letter saying they have 10 days to forward all your data, going back at least 6 years from when you first sent the SAR.

 

Enclose a copy of the SAR and tell them you will file at court if they don't comply. Use the LBA I mentioned in para 2 of my last post if you haven't used this already.

 

You should have been chasing this sooner as you may find they have destroyed info beyond 6 years. This would leave you unable to claim for some of the oldest charges and it's those ones which would get you back the most in interest.

 

[Onslowette]

Just another update....still waiting to hear back from Barclaycard. But have now recieved a postcard from Calders statting they will be calling on 04/03 between 8 & 7...............

[slick132]

Hi Onslowette,

 

They often threaten to call but rarely do so.

 

See here so you are ready if they call but do not worry about it - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

They will go away when they realise you will not discuss anything with them.

 

[Onslowette]

Thanks for the advice! Still no info from Bcard & tomorrow is the day the debt collectors have said they will be calling eeekk. I have the template letter printed and have told other half how to deal with them - not his preffered way of dealing with them lol!

Will let you know what happens.....hope to god they dont come.....

[Onslowette]

Update:

Just an update on my case.

 

Calders never called & bcard never sent SAR. Not sure where to go with that now....Imin such a muddle with it all. Is it court action now?

 

Also, received a letter from credit solutions 2 days ago. Accepting the £5pm month offered - seems they are now dealing with it...

Credit solutions also stated

"I have taken note of the information contained within your letter & accordingly have set up the above replayment plan.

Credit Solutions Ltd offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of OFT guidlines doorstep visits must give adequet notice of the time and date of visit. The Armstrong v Sheppartd (1959) case you quoted is dependent on each individual circumstance and only such order to refuse access can come from a Court and not the individual ie you."

[slick132]

If they are late with the SAR response, use the templates in the Bank Templates forum to threaten, and then take, court action to get the data to which you're entitled.

 

[bradfordlad]

Hi Onslowette,

 

We were told by Barclaycard that someone would call round from power 2 connect, and someone did in fact visit one morning.

 

I was already for a fight, but he was a really nice bloke, almost apologietic for calling round! I said I've already told BC I can't pay more than I am, and he simply said, ok, I'll tell them the same thing, and off he went! Obviously didn't invite him in, but he was done in about 1 minute.

 

Don't be scared about it, be ready for it - be polite but firm and tell them straight - I aint got it so you can't have it.

 

Hope this helps?

 

BL

[Onslowette]

Thx for that. Had another letter from Powr2Contact yest, again stating "

Credit Solutions Ltd offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of OFT guidlines doorstep visits must give adequet notice of the time and date of visit. The Armstrong v Sheppartd (1959) case you quoted is dependent on each individual circumstance and only such order to refuse access can come from a Court and not the individual ie you."

This bothers me....are they right?? I dont believe they are and really want to argue the point but want to make sure I have my facts straight first....

[bradfordlad]

I had that letter too - I almost wrote back to them, but in the end I figured it wouldn't do any good, just another fight thats distracting from the "main event"!The opinions on my BC thread were pretty much allong the lines of ARE YOU TELLING ME I CAN'T DECIDE WHO CAN COME ONTO MY PROPERTY?Not sure if its worth the effort, as despite your best protests they will always believe they are right..Maybe I'm just too chilled today!!BL