Bantambec -v- BARCLAYCARD

[Bantambec]

I have the same old story, No CCA just T&C's, not even OC. No DCA contact though.

The other thing too is that they are registering defaults against my credit record thus affecting my rating. I want to tackle this but have already been told by BC that they consider their obligations fullfilled and the case closed.

Can I/others take further action?

[slick132]

Hi Bantambec and welcome to CAG.

 

I've moved you post into your own thread that you can use to discuss your case.

 

....not even OC.

Can you confirm what you mean by OC please.

 

The days of challenging a debt purely on the basis of the credit agreement, or lack of it, are over now. There've been some cases which have set precedents about how the banks can reply to a CCA request.

 

The OFT have issued some good guidance on the subject. Read up on this at Link No4 in my signature below.

 

Are there any penalty charges or mis-sold PPI on your a/c ? You can reclaim these plus interest. Read other threads here and you'll see what others are doing.

 

8-)

[Bantambec]

(OC) Original Creditor.

No PPi or penalty charges.

[slick132]

Hi Bantambec,

 

I understand OC = Original Creditor. But it made no sense to me in your first post above.

 

Are you saying you've not had the credit agreement, only T&C's, despite the fact that you made a CCA request direct to the OC ?

 

[Bantambec]

OH god, having read that it makes no sense lol!

 

Right. Barclaycard are not the OC, they obtained the 'account' from Goldfish, who claimed the 'account' from Morgan Stanley. When this was first opened I have no idea, Maybe 6 years ago.

I have done the CCA request, received T&C's only and they say this is enough to satisfy my request. I have put the account into dispute but they insist that their obligations are fullfilled and will enter into no further correspondance regarding the matter.

 

Thanks

[slick132]

OK, now this makes more sense.

 

You had a MSDW a/c which became a Goldfish a/c which became a BC a/c - just like hundreds of others we've seen here.

 

BC have sometimes sent out the original MSDW credit agreement/application when users have put in a CCA request. The fact that they haven't sent you the original document doesn't mean they don't have it.

 

The simple fact is that BC will not agree the a/c is in dispute and they'll continue with collection activity if you don't resume payments. They'll make negative entries on your Credit Reference files and they'll set Mercers or one of their other in-house DCA's onto you.

 

If you cannot resume payments because of financial hardship, you should approach BC by letter and offer them what you can. Enclose a Budget Planner to show what you can afford. http://www.moneysavingexpert.com/banking/Budget-planning

 

Useful template letters here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

And see here for agencies that can help about Debt - http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

 

8-)