ajs444 v Barclaycard ***WON - Settlement agreed***

[ajs444]

Sent away SAR on 27th Feb., clock is ticking, Cap. One have responded within 10 days, me thinks there may be a problem!!!

[slick132]

Hi ajs,

 

Not necessarily. BC will normally respond to the SAR but not always in the specified time.

 

Be patient by giving them a few extra days, and then send a reminder.

 

[ajs444]

Cheers slick, a reliable Cagger has informed me that Barclaycard will probably have no Agreement for this Card as Morgan Stanley wiped the systems some time ago. Still, wait and see.

[slick132]

Tony had an agreement for his MSDW a/c - http://www.consumeractiongroup.co.uk/forum/barclaycard/246259-re-tony3x-morgan-stanley.html#post2757623 and I've seen others supplied.

 

If you want sight of yours, start by sending off a CCA request. Be aware, however, that getting sight of the signed agreement (as opposed to BC or MSDW T&C's) is not easy. Nor is disputing it's enforceability if it is not properly executed, unless the bank take you to court.

 

The agreement will not be supplied with the SAR response.

[ajs444]

Tony's would appear to be an agreement for a Morgan Stanley Gold Card, which is different from a Goldfish Card who I believe were an independent company when Billy Connolly fronted adverts for them.

Anyway have SAR'd them so it's just wait and see.

[ajs444]

Well received statements for last 6b years and nothing else.

Now going to write back to get rest of info.

Funny how Cap One sent agreement (Application Form) and others don't, something to hide perhaps?

[ajs444]

Have decide to resurrect the claim for charges which come to over £700 over last 6 years, have also asked for details of charges back to cards creation date, I am still making regular payments to the card and am not in default.

I am adding on contractual interest and advising them of a further 8% that could be added.

Can anyone point me in direction of spreadsheet for working out contractual interest.

[the_shadow]

With Barclays I would always go in with the larger amount and then negoitate downwards prior to court, if true to form you WILL have to issue proceedings to get Contractual Interest esp if these are old charges.

 

Interest spreddies here. http://www.consumeractiongroup.co.uk/forum/content.php?559-Interest-Calculation-Spreadsheets.

 

S.

[slick132]

If you want compound interest at the a/c's contractual rate, this is a good spready to use - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

8-)

[ajs444]

Cheers for that guys, card could go back 10years+, will have to sharpen pencil and get calculating.

[ajs444]

Well still silence form BC, sending off letter this week to give them a nudge.

[ajs444]

Well got an answer today, another load of statements going back 6 years (which they had sent a year ago) only difference they gave me last 12 months, which I will have to add on. Letter going back asking if they read the letters that come in, have asked for Original date card was issued and any defaults tween date of issue and 2004?

[the_shadow]

Well got an answer today, another load of statements going back 6 years (which they had sent a year ago) only difference they gave me last 12 months, which I will have to add on. Letter going back asking if they read the letters that come in, have asked for Original date card was issued and any defaults tween date of issue and 2004?

 

Barclays dont do correct SAR responses imho.

 

Either write with an LBA to the head office demanding they supply the information you requested under the DPA or complain to the ICO... only thing that gets results imo.

 

S.

[ajs444]

Acknowledgement today saying they are looking into my complaint,I await with baited breath.

[ajs444]

Well now June and still no further info from Barclays, they replied to my Wife's SAR stating they do not have a copy of any agreement, so here is hoping.

With regards to the statements that may be missing I might have to go prorata.

[slick132]

Hi AJS,

 

I think using pro rata estimates is a mistake. Any claim based on such estimate will have a poor chance of success in court, IMHO.

 

If you want the older statements, take court action for disclosure. This is the only method which BC will take notice of.

 

See here for a recent success in getting older data - http://www.consumeractiongroup.co.uk/forum/showthread.php?286215-Barclays-want-to-start-court-action-help-please!&p=3402197&viewfull=1#post3402197

 

Otherwise reclaim only the charges that you have data for, plus restitutionary interest.

 

[ajs444]

Thanks Slick, prorata on second thoughts was not really the way to go.

 

They cannot even give me a date when the card was issued, same day as my wifes, she has her own thread.

 

They will probably reply that they cannot produce any CCA nor any statements past the last 6 years.

 

Think I'll move on with LBA and contractural interest, which should clear the balance.

 

Their interest rates are absolutely crippling.

 

And interesting that their minimum payment still produces charges if your card is Maxed out!

[slick132]

Hi AJS,

 

They will initially say they can't produce statements beyond 6 years as older data is now routinely destroyed. But we know they can still access this data.

 

That is how and why they will produce it, if court action is taken for disclosure.

 

[ajs444]

Well, wee surprise in the post this morning.

 

Letter from Barclays with list of charges for last 6 years with contractual interest at 24.4%, total restitution £1115.85, approx half the balance!

 

They tell me they cannot access data prior to May 2005? But confirm that card was created in February 2003.

 

Any advice, or should I just take the money and run?

[slick132]

They CAN access earlier data but choose not to. They will only provide it if you take court action.

 

Use the spready in post #9 above to see how the amount they've offered compares with your own figures. Please let us know roughly how their offer compares with the spready figure.

 

If you are happy with the refund they're offering, take it and avoid court action altogether.

 

[ajs444]

That is the table Barclays have supplied with Interest rates of 16.9% (2006) 24.4% (2006-2010) 25.9% (2010-2011)

 

Looks good and acceptable, previous years are the problem.

[slick132]

This now has to be your decision:-

 

1. Accept what appears to be a reasonable offer and forget about claiming older charges. No court action or expenses involved.

 

2. Take court action to get the older data and then take further separate court action to argue for interest in restitution and for charges beyond 6 years.

 

In your case, with BC offering to repay charges with a decent rate of interest (probably simple interest and not compounded), Option 1 looks to me like the winner.

 

[ajs444]

I was thinking that the offer was quite good, the reason being that they probably don't have a copy of the CCA, as they have confirmed that fact with my wife's Goldfish Card.

In a quandry now, better the card debt being halved, but could there be more?????

[slick132]

Just to clarify, any refund they make voluntarily will be credited to the a/c.

 

If you took court action, you would probably get the charges and interest refunded to you direct, but that would still leave the debt to be settled in one way or another.

 

Maybe here, the bird in the hand's better than two in the bush. You could invest a lot of time, energy and money in both types of court action, for disclosure and for penalty charges. The outcome is never 100% certain.

 

The existence or not of the original credit agreement has little relevance. If it came to court enforcement action for non-payment, they can reconstruct.

 

[ajs444]

Well after a lot of thought over the weekend, I have come to my decission.

 

They have informed me that card originated in February 2003.

 

They previously supplied me with statements for the previous 6 years approximately 1 year ago, but now state these statements cannot be supplied.

 

I have discovered the previous data they supplied, from January 2004, so I now have 7 years of statements.

 

Did spread sheet for year 2004 and charges plus contractual interest @ 16.90% gives a further £403.16, this added on to the original offer comes to £1519.01

 

Now going to write back showing them the error of their ways, not bothered about 2003.