Barclaycard v MandMs son in law

[nodefaults2010]

Hi LB145, what was the specific reason given by the fos for why they advised you not to withhold payment?

[MandM]

Well Barc/card have surpassed themselves.

 

They answered the L B A with exactly the same statements as before, 6 years, no communication logs or letters.

 

What should I do now.

 

Mrs M

[rebel11]

This worked for me, don't go into why you want the information:-

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear xxxxxx

 

Account Number: xxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) xxxxxxxxxxxxxxxx

 

2) xxxxxxxxxxxxxxxx

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

 

just fill in the xxxxxxxxxxxxxxx

[MandM]

Hi Rebel.

 

Already sent that letter 24 March.

 

They have sent back the above since they received the letter.

 

Am drafting a letter at the moment to send this is a far as I have got;

 

*********************************************************

 

I have today received the same 6 years of statements you sent to me 7/1/10.

 

Please find enclosed copy of letter sent to you 24 March 2010.

 

This letter clearly states that the request was for the additional statements for the above account, not the statements already supplied by you.

 

I would like the rest of these statements sent to me.

 

Furthermore you have still not supplied the comms logs that were missing from the bundle.

 

You have still not supplied a copy of my original Agreement.

 

I would like to point out that a set of generic terms and conditions which bears no reference to myself whatsoever is not compliance with s78.

 

Therefore I would true copy of the executed agreement together with any other document referred to in it.

 

Copies of any amendments or variations of the agreement , my understanding is that if you send me a copy of the latest agreement then you should also include a copy of the original.

 

A signed statement of account.

 

Please confirm , as per OFT guidelines, whether you have the original executed agreement and if not, what has happened to it.

 

*********************************************************

 

 

Mrs M

[rebel11]

As a last resort give the details to the Data Commissioners a ring, they will chase Barclaycard.

[MandM]

thanks Rebel11

 

Mrs M

[MandM]

Well I called the ICO, they were not very helpfull. His advice was, if BC say they do not have the other statements then we have to prove that they do have them.

 

I have decided to put the PPI claim through anyway.

 

I have been doing a claim for my daughter and BC not only agreed to the mis selling they have also calcullated the average PPI on the 6 years statements they claim they only have access to, and multiplied that for the statements that they don't have and added the relevant interest.

 

So we have decided that we will do that on any of our claims and if they say we canotdo that I will show them that they did it therefor it must be alright for us to do it and if they argue I will then go to the FOS with the letters of proof.

 

Use their own stupidity against them.

 

Mrs M

[slick132]

Just to remind anyone, BC sat they only have data for 6 years but they DO manage to trawl up older stuff when taken to court for it.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/206050-webby-barclaycard-2.html#post2531382

[LB145]

Hi LB145, what was the specific reason given by the fos for why they advised you not to withhold payment?

 

Apologies nodefaults2010 just scanning through thread and came across this posting - I never got the email

 

The letter from the adjudicator is three pages long and it basically states that after looking through my transactions on the account, and that as I had made regular monthly payments I was acknowledging the debt and that therefore they would not uphold my complaint. Even though BC cannot provide a true copy of a CCA, they are not a court of law and cannot comment on enforceability.

 

Also BC/Mercers were not harrassing me although the calls were logged as phoning me daily (more than 5 times a day as I recall) because I was not answering the call (thanks to caller ID) or just picking up and putting down - no conversation took place? - therefore no harrasment.

 

Hope this explains enough

[MandM]

Have sent the claim to Barc/card and have calculated the ppi and interest for the missing statements, will update with their reply.

 

Mrs M

[MandM]

Sent the letter to Barc/card I also told them in the letter not to waste my time by sending the customary Q&A but, guess what they sent it with the usual covering letter.

 

I don't think they actually get past the first few lines in our claims letters. It seems they read that bit and just go into auto pilot and send the usual rubbish.

 

Mr M reckons we should include a fairy story in the next claim letter and see if they notice.

 

Sent them a reply and included a copy of the original letter and reminded them to read what it says about the Q&A, and informed them I would not be filling it in.

 

Will update when I get a reply.

 

Mrs M

[MandM]

Still no reply yet will give them another week and then remind them.

 

Can anyone tell me when Barclaycard started putting the PPI on the accounts as MR M thinks it was only about 8 years ago. I know when my son in law spoke to them to cancel it the guy on the phone said it was put on about 8 1/2 years ago. I thought this was strange as my son in law said he did not remember them asking him if he wanted the PPI back then.

 

Mrs M

[slick132]

I'm not aware of any date that BC started charging PPI.

 

I know it's been around for many years and that BC (and other banks) have sometimes added it to a/c's without customers' knowledge or approval.

 

Of course, they've also had customers agree to it, even when the PPI is inappropriate and it would never be paid due to customer's circumstances.

 

[MandM]

Thanks Slick.

 

Will let you know when we get something back.

 

Mrs M

[MandM]

Hi

Just an update.They have come back with their usual sorry you have made a complaint. They have said they will come back by 2nd July. Not sure why they are taking so long, maybe they are trying to think of a way they can take the refund off his balance.

Not sure if they can do this as the account is not in arrears or in default, or they are trying to find a way not to refund. Any way will let you know.

 

Mrs M

[MandM]

Finally got the letter, same as all the others ,they have admitted they have no evidence to say they did not miss sell it to him.

 

The amount they are offering is about 800 less than what we made it so Mr M is going to look at what their figures are based on.

 

They have said they will pay it off his balance and speaking to the FOS today they are within their rights under the guidelines to do so as he is not a hardship case and he has got an outstanding balance with them.

 

Wont argue with that but we will argue the amount.

 

Let you know what happens.

 

Mrs M

[MandM]

HI

Sent letter to them,

*******************************************************************************************************

Thank you for your letter dated * July 2010.

 

Your letter quite clearly states that there IS a lack of supporting evidence to confirm that the sale of the PPI was carried out correctly.

 

Therefore, I request that you review the figures that I sent to you previously and reconsider your offer before I escalate my complaint to the FOS.

 

My claim is for the PPI that was sold and I note that your calculation for this element is similar in value to that I have calculated from the statements provided by you. However, the interest amounts vary greatly. I have requested that interest be paid to me using the contractual rates used by yourselves in assessing the original ‘charges. This is not unreasonable. Furthermore, I have requested simple interest at 8% from the date of charge and this should be added until today’s date.

 

Please reconsider your offer on the basis of the above in line with FOS guidance. In the meantime I accept your current offer as a part payment only and request that this amount be applied to my account whilst we resolve the further outstanding balance.

*******************************************************************************************************

 

Checked statements this month and they have not taken it off yet.

will give them another 7 days.

 

Mrs M

[slick132]

I wouldn't bother with the FOS as they'll side with BC if given half a chance.

 

If you're happy with your figures, file at court.

[MandM]

Hi Slick.

 

Filed at court they have till 18th October to reply.

 

Will let you know what they do.

 

Mrs M

[MandM]

Hi Slick.

 

Well their time is up on Monday. Although I have a feeling they will try and slow it down with the mistake we made by not putting on the account number( did put a letter into the court regarding this and they would have received a copy of that letter.

 

Received this today.

 

 

 

IDIOTS. The letter dated 14th Sep.was just another letter saying get lost.

 

 

I am disgusted that they have stopped using his name and they are unsure as to what gender he is.

 

No name of sender or signature. ( how rude)

 

 

 

Have never received a letter dated 28th Sep.

 

Yet again they are still trying to get him to send back the acceptance form.

 

I especially like the comment on the bottom regarding the FOS.

 

Do these people not talk to each other, surely they must know by now that it has gone to court.

 

If I was a suspicious person (which I am) I would be thinking that maybe they want the court to think that we are not trying to resolve this.

 

Or maybe they really are thick.

 

Mrs M

[slick132]

More a case of their left and right arms not knowing what each other is doing.

 

Bear in mind the court claim goes into Barclays HQ who have to process the claim initially without all the paperwork from the Cust'r Relations Team.

 

8-)

[MandM]

Thanks Slick.

 

Am I right in thinking that I do not have to reply to this letter.

 

Mrs M

[slick132]

Yes, no reply necessary as the court claim should give them a clue about what's happening.

 

[MandM]

Thanks Slick. Will post up what happens.

 

Mrs M

[MandM]

Hi Slick.

 

Called the court today as their time was up, but guess what! The court informed me that they sent the letter I gave them re: the account number, on the 11th add on 2 days for post

 

They then got a call from Barclays to say they has not received the claim so they have sent them another copy.

 

They are now saying that the date for acknowledgement is the 27th October.

 

I took the letter into the court on the 5th so it took them 6 days to send maybe I should have sent a copy of the letter myself.

 

Oh well just wait and see now.

 

Mrs M