Barclaycard - No Reply To CCA or SAR

[tomtom1965]

I have issued both for a mastercard and a visa, they are way past the time line for responding yet today I got two letters from Mercers, one on each card threatening all manner. What do I do? Can I challenge on the fact the requests have not been complied with or do I need to start all over again with Mercers???

[dpick]

Hi I believe that mercers are in house crap dealers for Barclays.

[silverfox1961]

If you click on the library link (top left) it will take you to a list of letters. The ones you want will be there.

[tomtom1965]

So this goes to BC and is in respect of only the failure to comply with the CCA request. Do I not mention the SAR. I got my SAR from MBNA and have to say that was a lot more valuable than the CCA request, which only served to confuse me.

 

So, letter on CCA only? Yes?

 

Another thing, in spite of asking them to stop the card they have continued for 18 months to allow AOL to add £23 per month to the bill, I cancelled the AOL account, but they kept asking for the continuous payment. BC have said "tough" its not our problem under the guise of a letter headed "Final Response"... I've kick off about this as well.

Edited November 11, 2010 by tomtom1965
More data to help readers

[victoria_siempre]

Hi tom

 

there are 3 issues here:

 

1. Mercers are in house agents of Barclaycard. I ould send the latest 'complaint' letter to them since they are the last to correspond with you.

 

2. If you want to do a SAR Then that needs to go Barclaycard.

 

3. A continuous payment authority on A CC is more complex. It's like an uber DD but much more difficult to cancel. One should never agree to them (too late I know). When I had one, I lost my CC on a bus so asked for the card to be canceled because of the possibility of fraud and a new one to be reissued. someone may give more expert advice on this tricky issue.

 

best wishes

 

vic

[the_shadow]

For the continuous payment, its AOL that are still claiming it so you need to contact them and get them to cease and refund the amounts after you cancelled the account. HOWEVER... check that there is no clause in the terms and conditions of the AOL agreement that allow them to claim 12 months usage if you cancel within a timeframe or something similar to this.

 

S.

[slick132]

Hi TT,

 

When you start to go into detail about the 2 a/c's, you should start a new thread for the BCMC a/c and keep this one dealing with the Visa a/c only.

 

Did you notify BC in writing to stop paying the AOL a/c. If so, BC should not have paid it.

 

If you did not, then your dispute is with AOL alone as stated by others already.

 

If you think there are any penalty charges on the BC a/c's send one SAR to get all your statement data for both a/c's.

 

You can reclaim charges and interest - read more about this in the Interest Tutorial linked in my signature.

 

The chances of disputing the a/c's are limited now although they must still reply to your CCA request, even if they only send T&C's.

 

8-)

[tomtom1965]

Thanks all.

 

I'm still none the wiser however on the CCA and SAR. The SAR letter was sent early Sept and the CCA at the start of Oct. In the absense of a response to either, what do I do?

 

As for the AOL payment, I did not confirm cancelling the card in writing, it was just over the phone. But two things, one the card was not used at all from that point on and would they not have a record of the call?

[slick132]

Hi TT,

 

Sorry, I see now that you've already sent the CCA and SAR letters. Did you use our site templates and did you include the respective fees.

 

If so, write to BC, by Rec'd Del'y, enclosing copies of your CCA and SAR letters. Tell them they are already past the deadlines to reply and you require their proper responses within 7 days or you'll report this to the relevant authorities.

 

Re AOL payments, did you speak to BC to confirm they should stop AOL pay'ts. Do you know the date you did this as you could also ask BC to check their phone log and explain why the pay'ts were made beyond then.

 

Or did you tell AOL to stop seeking pay'ts from BC. We need to know exactly what happened so we can give best advice.

 

8)

[tomtom1965]

Slick,

 

Yes I used the site templates, I sent the fees by postal order and sent it registered. I have chased but merely stated that they had not responded and asked for them to confirm whether or not they intended to respond, I did not send them copies as I know that they received the originals, should I resend the chaser with copies? I also gave them the dates of my call and asked that they review their call log as the request is quite clear and they should be able to glean that within 10 seconds of the dialogue.

 

Thanks...

[slick132]

Hi TT,

 

If you didn't send copies, it doesn't matter at all. Give them a couple of weeks from your reminder letters and see if they respond.

 

8-)

[tomtom1965]

Hi TT,

 

If you didn't send copies, it doesn't matter at all. Give them a couple of weeks from your reminder letters and see if they respond.

 

8-)

 

They've responded to one card today and referred to my chaser letter as opposed to the original. They have sent two letters, one saying please find enclosed T&C's, which is a colour copy, no signature and it looks very recent in terms of its presentation. I will post a copy tomorrow. The second letter has a copy of a "reconstituted Credit Agreement" (their words) and again no signature which looks older than the T&C's, in terms of presentation. Again I will post a copy tomorrow. But what does that mean they have responded to?

[victoria_siempre]

Hi tomtom

 

This is all shifting sands and folk are, rightly, wary of commenting on the enforcibility issue.

 

For sec 78 purposes they can send any crap.

 

Personally, I think that technical defences are weak And I would be wary if they produce anything signed by me.

 

There are often inconsistencies in the T&Cs compared to the false agreement and the implications thereof that might give rise to dispute about the alleged amount.

 

Just my view.

 

x

 

vic

[slick132]

Just wait a while, to see how they respond in totality.

 

Otherwise, you'll be firing letters off every other day and not knowing which of their replies refers to which of your letters.

 

8)

[tomtom1965]

Hopefully this is attached. As for the quality of the copy of the Credit Agreement. That is as good as I can get it.

BC CCA Response.pdf

[victoria_siempre]

Hi tomtom

 

This is p*ss poor even by their standards.

 

I can't see anything that shows you've signed anything or that the agreement relates to you.

 

It meets their sec 78 obligation though; because any old crap will do.

 

You might now SAR Barclaycard to establish unfair charges and interest thereon.

 

You are on strong ground; just test the enemy with a gentle prod.

 

best wishes

 

vic

[tomtom1965]

The SAR request went out over two months back. I have chased it, but nothing to date.

[victoria_siempre]

Hi tom

 

It's chess.

 

Wait for your opponent's next move.

 

x

 

vic

[slick132]

If the SAR was sent 2 months back, they are over the 40 days allowed and you should consider sending this - http://www.consumeractiongroup.co.uk/forum/content.php?570-Data-Protection-Act-Non-Compliance-Template-Letters

 

The T&C's sent in reply to your CCA request means the a/c is not in dispute under s.78 CCA1974 and they can continue to seek payment. If you don't pay, they may post negative data on your CRA files.

 

However, if there are penalty charges, the a/c can be considered to be in dispute because of them.

 

8-)

[victoria_siempre]

Hi Slick

 

I stand corrected.

 

love

 

vic