Housing/ Council Tax Benefit Overpayment

[Hacked_Off]

I got a barclaycard around 2005 in 2007 i fell behind with payments due to hours being cut. They would not accept a reduced payment. I enterd into a DMP with in control debt solutions. i have recently been discharged from the DMP because they cannot explain to me why the debts has risen and not gone down ( whole other story!!!). I asked them to send me all the paperwork. I noticed barclayshark had sent it to mercers dca. so im assuming the dmp were paying them. Ive sent Barclayshark and mercers a cca request, which both so far have been ignored. barclaysharks 14 days were up on the 28th sep. Mercers isnt up for another week. Ive sent barclayshark a account in dispute leter which also has been ignored. ive not payed them in 4 months and not heard a peep. So ive just fund some old statements:

 

" 21 dec late payment charge 12.00

21 dec over credi limit charge 12.00

21 dec payment protection plan 2.93

21 dec intrest on your cash balance 1.10

21 dec intrest on your standard balane 5.38"

 

There charging me intrest twice?? Also i was never made aware of having ppi.

[Crocdoc]

First of all with private companies providing Debt Management programmes are never a good idea, mainly because any the agreement has no protection whatsoever in law, furthermore the don't like to get interest or charges frozen simply because if the debt increases so does their fee. Many of them are DCA's under a different name.

 

As for Barclaycard, simply send them a Subject Access Request which can be found on this site, (I am Scottish based and only hold letters for this jurisdiction.) Assuming you are English based, once you receive the information requested, simply compile a list of charges imposed over the period and lodge a counter claim. If you really want to upset them you could of course send them a CCA request at the same time.

SAR fee to company £10.00

CCA fee to company £1.00

Once you get to the stage of calculating charges, post again and someone will calculate the interest.

[Hacked_Off]

ive already sent them a cca the 14 days was up on the 28th of sep. Its been ignored. I had some letter from mercers i sent them a cca which has also been ignored:mad:

 

thanks for the reply

[slick132]

Hi Zararh,

 

The SAR which you should send is different to the CCA request.

 

Here's the template for you to adapt and send with the £10 fee - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request- This should be sent if you don't have all the a/c statements, which you need to reclaim charges and PPI.

 

When you get the data back, start a thread in the PPI forum to deal with this aspect.

 

Then get on with making up your SOC on a spreadsheet. See the reclaiming guide at Link No1 in my signature below for help on this process.

[Hacked_Off]

got these today.

 

 

:mad:

[slick132]

Hi Zararh,

 

Frederickson's letter is good.

 

If Mercers letter reached you at your current address, you need do no more. Certainly, don't call, fax or email them,

 

[Hacked_Off]

oh i wasnt planning on!!

 

the fred one implys they dont have a cca:mad: its funny cos they say there gonna go back to cap one for it yet cap one have ignored the cca request i sent them!!!!!! there 14 das was up on the 28th sep!!!!

[Hacked_Off]

got this from fred today. they still havnt sent me a cca or returned the po. also the amount keeps changeing

 

[slick132]

Why did Fred'ns send you this letter from Westcott.

 

[Hacked_Off]

Why did Fred'ns send you this letter from Westcott.

 

 

 

woops sorry put the wrong one up. That ones about barclays. They have also ignored my cca and so have mercers.

[Hacked_Off]

[slick132]

Good, that's a result !!

 

[Hacked_Off]

got these today from crap one:

 

 

they had until the 28th sep to provide this. I have NEVER recieved a credit agreement from them. What theyve sent is barely readable.The t n cs are on a seperate piece of paper. Ive noticed the ppi isnt ticked or signed yet theres ppi on my statements.

[bmwman]

Hi zararh

 

Just been looking at the agreement they sent you I can only see one signature namely thiers where is yours.

[Hacked_Off]

its in the top box ive blanked it out ( next to the hand written date)

[the_shadow]

Zarah, the agreement you have posted above would imo be deemed enforceable, the required prescribed terms "appear" to be at the top left hand column..under key financial information. That said if they have been charging you PPI and you havent requested it (no doubt they will claim you took it out by telephone conversation after signing) then you need to claim this back against the balance of the account, if you include compound interest claimed in restitution then it may be actually over the balance of the account.

 

You might want to a) Start a capitalone thread in the capital once section

b) Start a thread in the PPI reclaim section to get specialized advice.

 

S.

[slick132]

Hey Zarah,

 

Call me a cynical sod but I'm confused by the layout of the agreement sent. I'm no expert on CapOne agreements but wonder if this is reconstructed.

 

1. In the top page, why is there a big gap at the bottom left column of the page, when the document could continue to the foot of the LH column.

 

2. Why is the "Your rights to cancel" box at the top of the RH column out of line with the box below. It sits to the right and neither the left nor right sides of the box align with the box below.

 

3. Why is the "Your information and marketing" paragraph out of line (again to the right) compared to the "Your signature" paragraph above it.

 

4. From "Your info and marketing" downwards, it looks to be in line but, above there, it just looks wrong to me.

 

Any experts on CapOne care to comment.

[Hacked_Off]

Well thats exactly what i thought!! theres random lines in there aswell like when u photo copy two halves of a page to make one:mad:

[Hacked_Off]

crapital one sar sent and recieved today:D

 

What can i do about barclaysharks? They have had there 14 days + 2 AND four weeks and not heard a peep. Mercers havnt provided a cca either. Although they have now passed it on to wescot, ive ignored them:p

[slick132]

Hi Zarah,

 

If you are discussing 2 different a/c's here, please use this thread ONLY for the BC a/c from now on. Start a new thread for the CapOne a/c or we'll get them confused.

 

If BC are late with the CCA response, send them this:-

 

Account In Dispute

 

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Hacked_Off]

aye i know i keep forgetting to keep it to one card

 

Ive already sent them that, 3 weeks ago, thats been ignored also

[slick132]

Hi Zararh,

 

Thread title changed to show this is for BC case only.

 

Write to BC again saying if they don't respond with your credit agreement within 14 days, you will refer the matter to the FOS as a formal complaint.

 

[Hacked_Off]

still no reply fro BC there just completly ignoring me!!!!!!!

[slick132]

Hi Zarah,

 

Did you give BC 14 days to respond and supply your credit agreement, as I suggested 2 posts back.

 

If so, complain to the FOS now. Use the template letter from here but adapt it to reflect your own case as nec'y - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

Have BC responded to your SAR yet. If not see items 18, 19 and 20 in the Bank Templates library.

[Hacked_Off]

theyve had 3 months:mad: and have THREE dcas chasing. also look at this funny offer:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/227262-crap-one.html