Gazab -v- BC Platinum a/c

[gazab41]

HI all I was on an agreed payment plan with barclayshark which i tempory had to stop as lost job so just paid token payments to them.

At the moment there is a hold on my account.

 

I had a number of hassleing phonecalls so I contacted hardship line at barclaycard. was told both accont on hold for month.

 

I have 2 Accounts with barclaycard one ex MSDW now barclaycard platinum and one barclaycard gold sent CCA requests for both two seperate letters both sent recorded with £1.00 PO on 28th August. I have continued to make token payments on each Account have heard didley squat from them since. No CCA arrived as yet no comunication either.

 

I was also wondering if they have broken rules on Data protection as I moved from rented accomidation in August last year and told Barclaycard my new address I was getting statments for both accounts coming to my new address however about may/june the statments for my barclaycard card gold stoped coming to my address.

 

When I contacted barclaycard about hardship re current unemploymentg I was told that the other account was registered at another adress after it took them about 10 mins to find Account details the address in question was a rented property.

 

I was told the onlyway I could change address was to go into a branch and fill in forms which is something i am unable to do as work as supply teacher and our local branch is shut on a saterday and i would have to travel about 10 miles to the nearest open branch.

 

Above all does anyone think they have broken data protection laws and also why no CCA or even terms and conditions sent what is the next step i need to take......

[slick132]

Hi Gazab,

 

I've copied your post and started a new thread here to deal with the BC Platinum a/c. This will keep events on the two a/c's separate and avoid confusion.

 

I've replied on the other thread already about the BC Gold a/c.

 

Write to BC to confirm that they are in default by failing to respond, in the time specified, to your CCA request.

 

Adapt and use this letter - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

 

If there are any penalty charges or mis-sold PPI on the a/c, you should reclaim these. If you require statements for past years, send a SAR.

 

Remember one SAR will cover BOTH a/c's.

[gazab41]

Thanks slick will now sent reminder letter to confirm they are now in default and will sort out a SAR in next couple weeks when I have bit more cash

[gazab41]

Hi All Barclaycard have been very quiet till Sunday 27th sept when I had first one missed call then another followed by a call that my partner answered as i was in shed then I got on phone stated i was who i was then phone went dead.

Anyway Had another call about 6.15 and I stated dOB security call about both Barclaycard Accounts anyway stated I had sent CCA requests and these were signed for on 1st Sept and that they are in default told letter sent in response of this I reckon terms and conditions of someother useless junk.

 

I had a feeling of a minor victory when he stated that there would be no more harasing phonecalls and that they would wait for my response Which i reckon will be a SAR and request for an agrement thats enforcable(or pref not Barclays priceless.

[gazab41]

Hi just to let everyone know dispite my apparent minor victory about phonecalls and account would be put on hold until I had recived barclaycards response no calls on monday but they resumed in earnest on tues first at 11.29 am which i answered then phone was put down there end followed by 2 missed calls one at 5.25pm and another call at 8.41pm I am still awaiting for thier response allegedly sent out on friday see if it arrives tommorow in the meantime is there a harasment letter I can use thanks

[slick132]

Hi Gazab,

 

See the links I put on your other thread.

 

[gazab41]

Hi all I have just had this threating letter from barclaycard ex MSDW I have left the amounts on as they seem a bit weird I made payment of £15 in July spoke to hardship line in August told hold you be put on account made 1 payment of £1.00 at end of Aug have not paid anything yet this month sent CCA request end of Aug arrived with barclays on 1st september signed for I need to send CCA not recived letter anyother advice gratfully recived . the figure is also wrong as in July I owed £2336.33 only paid £1.00 in August what do you think i should pay them if anything and do you think they can default me like this help please

 

Edited September 30, 2009 by gazab41
image problem

[gazab41]

just to add have had harasment calls every hour or two starting just after 8 this morning have contacted FOS who have told me barclaycard have breached some regulations.

I have cca not recived letter to go off tommorow morning aswell as telephone harasment letter and a subject access request.

I plan to reclaim all PPi and other unfair charges as this should take my balance to £0.00 by my reckoning.

I just wonder what everyone thinks about threat of default when states i need to pay £0.00 by 7th October.

FOS told me that letter is golddust thats why i have left figures on letter.

 

In July my balance was £2336.33 so where they get £2359.33 is beyond me was told on 29th August Account would be held for upto 2 months (hardship) then I would have to recontact to sort out(no charges added) they would appear to have added £23.00 I paid £1.00 end of august so the figure should be £2335.36 what do you guys think it seem odd where has the £23.00 come from thanks all

[slick132]

The £23 difference may be 2 penalty charges of £12 each, less the £1 payment you made.

 

See posts 2 and 4 here for possible letters to say the a/c is in dispute - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805315

 

The letter from BC is just a warning that they will send a default notice. So the error in this letter about wanting a payment of £0.00 is not really important.

 

Get the SAR off tomorrow for sure - this will get you the data you need to reclaim charges and any mis-sold PPI.

 

The reclaiming process will put the a/c unquestionably IN DISPUTE, so any Default Notice sent which contains unlawful penalty charges in the amount demanded will be inaccurate and invalid.

[gazab41]

thanks slick just a quick question the sar template letter in libary for DCA is this one ok for what I want

[slick132]

This should do it - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

As always, adapt any letter you use to reflect your own case.

 

[gazab41]

Thanks again slick well today have recived another of those letters posted above for the other account and a statment showing the £1.00 token payment I made but also adding late fee of £12.00.

The amusing thing mind is that the statment asks for £29.00 now making up for missed payment from August and september even though was told in August that account would be on hold till 26th September so would not need to pay anything till then as not earning at present.

 

The thing I find amusing is that the statment says please pay £29.00 immediately followed by your agreed monthly payment of £44.00 to reach us by 20/10/09 however my agreed payment has always been £15.00.

 

So lets work this out £44.00 is made up of £14.00 from August and £15.00 plus £15 for october so there letter in post #7 is silly and makes no sense seeing as they ask me to pay £0.00 by the 7th October to avoid default notice do Barclaycard not know what they are doing.

 

So today I have sent off the following Formal complaint letter relating to lack of supply of CCA for both cards 2 telephone harrasment letters and one SAR to cover both accounts I have signed with a signiture I have never used ie initail and surname and then put lines through so as it would be imposibel to lift and if they tried to would take out injunction and prove it was not a signiture i use is this the right way to do it anyway they now have 40 days for Sar and the clock is ticking on CCA is the next stage CPr 3.14 any advice apriciated

[slick132]

When they fail to provide the agreement and say they've complied by sending you their T&C's, your next step is to use the CPR 31.16 strategy.

 

Only do this, however, if you are prepared to make a court application on N244 and see it through.

[gazab41]

Hi Slick thanks for that just a question on CPR stratergy any idea on costs involved and how long process takes and would there be anyway I could Sue Barclaycard for any stress this issue has caused.

 

2nd point do you think they could get away with defaulting me when that letter states £0.00 and how long do you think barclaycard will take to get subject access request to me also how would I get data for my entire history so as I can work all unfair charges if they only send last 6 years of statments as that is not full picture of account.

 

thanks again

[slick132]

Hi Gazab,

 

If you haven't read smt37's thread, do so - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

Not sure about the N244 fee but think it may be £75.

 

Forget about suing for stress - this would be complicated and probably involve a Fast or Multi Track case where costs would be a serious issue.

 

Forget about the £0.00 error in the letter - this is only important if they get the Default Notice wrong (which it will be anyway, if it includes unlawful penalty charges).

 

They have 40 days to comply with SAR. When that's up, see articles 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

They'll only supply 6 years of a/c statements - getting them beyond this is tougher as they are apparently now destroying the older data. If it's retained on Microfiche, they should still supply it.

 

Can you please use a bit more puntuation like full stops and new sentences. It makes posts so much easier to read and reply to. Thanks.

[gazab41]

Thanks Again Slick yeah get the message about punctation.

It should be a lot better after all I'm a teacher, thanks again and yes I may just have to take them to court over stress,

if not for me then all the people that that have really suffered at the hands of these institutions dependent on cost mind if more then a grand don't think i could do it.

 

PS I am determined to get all data they hold on me as even the early stuff will be archived somewhere trust me.

 

I worked for a company with multi million pound turnover and they had documents going back well over 30 years which had been transfered via scaning linked to database.

Edited October 1, 2009 by gazab41
grammer

[gazab41]

Hi all well sent cca request back at end of August arrived with Barclaycard Northampton on 1st september.

I sent Letters reminding them the Account was in Dispute as well as a SAR last week. Today I recive what I would proberbley describe as Junk, rubbish and certainly Not Envioremently Friendley 2 letters and 2 sets of T/C although the one puports to be an Agrement.

 

The one runing to 6 pages printed on one side only says its an agrement however on last page you have a referance TC43/05/00 which points to it being Terms and conditions RE May 2000 any way I have put all these including the 2 letters on here.

 

The other thing relates to my subject access request which has had a strange response as I made a mistake on card number of one account card missed digit out this will be posted on the barclaycard gold card post again if some one could advise on this would be greatful thanks

 

all scans of MSDW BC platinum card docs below...

 

 

Letter 1 page 1 and 2

 

http://i801.photobucket.com/albums/yy298/gazab_2009/exMSDW-1.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdw2.jpg

 

Terms and condition document all A4 single sided porports to be credit agreement 6 pages

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage1.jpg

 

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage2.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage3.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage4.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage5.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/msdwtandcpage6.jpg

 

All the above are single sided blank on rear

 

Now other Letter Current T & C

 

http://i801.photobucket.com/albums/yy298/gazab_2009/bcardletter2.jpg

 

new terms and conditons 2 pieces paper one double sided

 

http://i801.photobucket.com/albums/yy298/gazab_2009/bcexmsdwtermspage1-1.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/bcexmsdwtermspage2.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/bcexmsdwpage3.jpg

 

Again I sent dispute letter of last week as nothing arrive what should I send now thanks

Edited October 8, 2009 by gazab41
missig links

[noomill060]

Just checking in- sorry Ive not been here, Ive had some work to do on my own claims.

 

Yeah, keep that £0.00 balance letter safe....

 

Now then, I was in the same position as you 12 months ago.

 

1) Have you sent you SAR yet? If not get it away as soon as possible, like now or tomorrow. It will have lots of stuff to clobber them with.

[noomill060]

So they havent even sent anything with your signature on it?

 

Not even a photocopy of you application form?

 

Its game over for them.

 

They will carry on with the idiot monkey calls until you file your claim for charges, PPI and interest levied thereon- this is why you need your statements from them, ASAP.

[gazab41]

yes I did send SAR for both barclay gold card and this ex MSDW card.

 

However I managed to accidently leave a digit out of the gold account number, they have sent me a strange letter back along with my orig subject access request letter which has been date stamped any advice in how i respond would be gratefully recived thanks

 

SAR request Letter in response from Barclaycard

http://i801.photobucket.com/albums/yy298/gazab_2009/sar.jpg

 

My orig SAR letter page 1(returned note the date stamp)http://i801.photobucket.com/albums/yy298/gazab_2009/sarpage1.jpg

 

My orig SAR letter page 2(returned)

 

http://i801.photobucket.com/albums/yy298/gazab_2009/sarpage2.jpg

[noomill060]

A SAR is NOT account specific, so no need to bother about account numbers at all.

 

It is a request for personal data they hold on you as an individual, not as an account number...

[noomill060]

Just write back stating this, and confirming your name, current address as stated on your statements and date of birth.

 

This will be enough to identify you as an individual.

 

They clearly know who you are as they keep writing to you!

 

The also know that the data you want will help you to beat them to a pulp.

 

(Hence they arent too keen to help you!)

 

Tell them you look foward to receipt of your personal data within the 40 days, remind them that the clock is oticking and that if they dont comply you will have no hesitation in issuing legal proceedings to enforce their compliance.

Edited October 9, 2009 by noomill060

[gazab41]

Hi all here is the latest letter from Barclaycard advise please on the best response i.e presume letter explain why previous documents are not good enough.

the fact that they refer to cccs is little odd as these were spoken to years ago when barclays agreed fo freeze intrest and only thing i have said to any one recently was I was waiting for copy of my CCA when i had anoying phonecalls thanks any advice would be great.

 

I had spoke to the FOS about a number of issues so this looks like a response about my contact with the Fos and not my Formal Dispute notice all sent before reciving everything that barclay card are now sending original request for CCA arrived with Barclaycard 1st September.

 

http://i801.photobucket.com/albums/yy298/gazab_2009/barclaycardlatestletter.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/barclacardlatestletter2.jpg

 

Any help would be gratefully recived especilly a letter to return already sent formal dispute letter...

[gazab41]

bump

[gazab41]

Just a further update having looked through the so called credit agreement re MSDW which is obviously only terms and conditions it states late payment fee of £15 and overlimit of £15 I am convinced I paid £20 on late fees has anyone an idea when MSDW changed £20 fees to £15 just an intresting thought