Barclaycard........ Some Advice Please......

[Marcspurs]

Hi All.......

 

I have used the site for reclaiming bank charges (ongoing at the moment) but now have a serious problem and issues with Barclaycard. Is there a more unhelpful organisation on the face of the planet.

 

I contacted them 3 months ago to say I was having difficulty paying and could I make an arrangement to pay XX amount a month, freeze the interest and freeze the account so that I can reduce the debt (fairly logical and straight forward I thought).......

 

So imagine my annoyance each month over the next 3 months when I get my latest bill and the interest is charged, and the debt is growing as the interest is higher than the agreed payment. Each month I have the discussion with them and I have agreed to pay a little more each time as my financial position has eased a little I thought it would be the right thing to do.

 

Things came to a head this morning when I received my Barclaycard bill this month and they have again charged me £170 interest even though I have agreed to pay £150 per month. Now they are telling me that the agreement was for £154.02 a month and because I paid only £150 this month the payment plan is cancelled and I have to pay them another £154.02 this month to restart it. Plus they now say the information about freezing the interest that was given to me 2 months ago (they said the interest would be frozen immediately) was wrong, and would I like to make a complaint. Apparently I have to now make the agreed payment sum for the next two months before they will reduce the interest!!!

 

So where I was lead to believe that I had actually been clearing the debt for the past 3 months, I have founf out today that I have not and where my account should stand at £9,300 (credit limit @ £10,000) it actually shows the account balance at £10,200.

 

Any advice as to what I can do...... they don't listen to reason or dialogue over the phone and I don't the stress and aggravation of phone calls and letters demanding XY and Z........

 

Marc

[slick132]

Hi Marc and welcome to CAG (even though you say you've used the Site before ).

 

BC are famous for being unhelpful in such cases and you should send off a CCA request immediately. Use letter N from here and enclose a £1 postal order payable to Barclays Bank PLC - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Do you have all your statements for the last 6 years or more. If there have been any penalty charges added to the a/c, these can be relaimed in full, regardless of the Stay on bank charges claims. Read the Reclaiming Charges guide at Link No1 in my signature below if you need to refresh your memory.

 

Read other threads here in the BC forum to get a feel for what is happening generally them and Credit Agreements.

 

Letters A to G in the link above suggest how you could approach BC to get interest frozen.

 

Getting a 3rd party (CAB or CCCS) to ask for a freeze on interest may prove more successful than your own attempts.

[Marcspurs]

Thanks for the advice I will certainly send the letters off straight away.

 

What is the significance of the CCA?? Sorry for sounding a bit dim, if as it seems with other people they cannot provide it, what happens next?

 

I don't have the statements you mentioned, can I request that they send me details of all the charges they have made on my account (as I did when reclaiming the bank charges)?

[slick132]

The CCA request is a way of asking BC for sight of your Credit Agreement. Unfortunately, they won't produce it, as you'll learn from other threads, but it is a way to start the ball rolling.

 

When they fail to produce the Agreement in the time allowed, you can claim the a/c is in dispute, although BC will disagree.

 

To get the a/c data you need about charges, send off a SAR and the £10 fee - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request- This should get you all info they have on any BC or related a/c's.

 

Send letters by Rec'd Del'y or RM Special Del'y. Keep copies of everything you send or receive. Use the Nothampton address from your statement just now.

[Marcspurs]

Thank you Slick

 

So what happens once the account is in "dispute" (according to me as you said they will refute this claim)....??

 

I have read through some of the other threads, but it is all a bit confusing as to what they will do (seems like they start harassing for the money)....

[slick132]

They'll fail to produce the Agreement.

 

You'll say the a/c is in dispute and you don't have to pay.

You'll say they can't demand payment.

You'll say they can't default you or add interest or pass the a/c to a DCA to collect.

 

They'll disagree and do all or some of the above.

 

Oh, and keep reading other threads - you'll learn loads.

[Marcspurs]

Hi Slick....

 

Just an update, 4 weeks later and not a thing from BC in terms of written replies, copy of agreements, T&C's, plenty of phone calls about 10-12 a week at the moment all the same, all requesting payments, when I explain what I am waiting for and explain I have retold the tale every day for the past 3 weeks they say oh yes there are notes on here, I will log your request and get someone to deal with it. It is like groundhog day every day......

 

What should I do next??

[slick132]

Hi MS,

 

Keep a log of all their calls noting time and date. Don't even bother to discuss the a/c with them - just tell them you are now recording all of the calls and refuse to answer their security questions.

 

Then hang up.

 

Wait and see what response comes to either your CCA request or your SAR.

[Marcspurs]

Hi Slick..... well this has been an interesting week for post (no calls yet, not one).......

 

But have had their little T&C's leaflet through the post with a covering letter saying if they can be of anymore help don't hesitate to call..... then today another letter from them with a photocopy of their agreement....... no signature of course someone has just photocopied the agreement and put it in an envelope, not even a covering letter.....

 

Still no word on the SAR...... any suggestions what I should do next?? Or are their any follow up letters to send....??

 

I did also get a statement from them telling me my payment is late and that I should pay £600 to stop me getting anymore charges......

 

My wife is concerned that they will sue me or take me to court.....

[slick132]

Hi MS,

 

They have 40 days to supply your data after the SAR.

 

If they are late (give them a few extra days because of post probs), You can remind them and then sue them if they still fail to comply.

 

See items 18,19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

Given the amounts involved, you should consider claiming interest from BC in restitution. This could make a significant difference to the amount you get back which could reduce the amount you owe them.

 

Read the Interest Tutorial at Link No6 in my signature below.

 

You'd have to file a court claim as BC will refuse to pay the higher interest voluntarily, but they negotiate just before the final court hearing.

 

Please tell Mrs MS that BC are generally very slow to take any court action but they tend to use various in-house DCA's to harass you by phone and letter.

[Marcspurs]

Hi Slick

 

Just had a letter from Barclaycard threatening to refer the account to a DCA and the wife is having kittens telling me to deal with it and phone them. I have tried explaining to her that, that is not the way I am dealing with it and have tried explaining that they cannot visit the house and showed her the letter in the templates library but still I am getting screamed at and told to deal with Barclaycard.

 

Any suggestions as to what I should do next with Barclaycard and the wife??

 

Also the calls are mounting up 8 over the week-end and another 3 yesterday, a few text messages today just to be different......

[slick132]

Hi Marc,

 

It really is for you and your wife to decide between you how to deal with these matters. Of course she's concerned about what could happen if you ignore BC.

 

However, your wife should also realise that BC and others RELY on people panicking and being intimidated by their bullying tactics.

 

You started this thread saying you've fallen on hard times and asked BC to freeze interest on the a/c. They have done nothing to help or take account of your troubles. If you pay them this month, they'll be back again next month and the month after, demanding what they want.

 

Out of interest, has your wife seen your thread and the comments made on it.

 

Also, I mentioned earlier about getting a 3rd party to ask BC to freeze interest and charges, maybe CAB or CCCS. Have you approached anyone. See here for contacts - Debt: Where to Get Help - Consumer Wiki