Barclaycard SAR Request / Telephone Harassement / Email Response

[kingofkings]

Just after a little bit of advice regarding SAR request that was sent to Barclaycard, it seems that they have received it as well as a Telephone Harassment letter that was sent in the same envelope so I'm not sure to which they are repsonding, but I received this email today.

 

Dear ************

 

I have received a letter from you and tried to contact you on your mobile number today, I understand you are not always available but if possible could you call back on free phone number 0800 015 0451 up to 9pm today.

 

Kind Regards

 

Rose McCreith

Customer Relationship Manager

Should I respond to the email, or telephone the number stated or just wait out the 40 days for the SAR and also hope that the amount of telephone calls stop, as of course in the telephone harassment letter it was stated that all dealings of my account should be in writing only.

 

Regards,

kingofkings

[slick132]

Hi KofK,

 

Thread moved into BC forum for you.

 

Best not to call them - keep everything in writing only. Then you have a proper record.

 

I'd respond to the email and say :-

 

Thank you for your email of xxdate.

 

I'm not sure there is anything that we can usefully discuss.

 

I simply require a response to my Subject Access Request by xxdate, being 40 days after it was sent.

 

I also require that Barclaycard or their DCA's stop phoning me as the number of calls amounts to harassment and will be reported for investigation if this continues.

 

I look forward to your written response as soon as possible.

 

Are you looking to reclaim penalty charges and/or PPI for the BC a/c.

 

[kingofkings]

Are you looking to reclaim penalty charges and/or PPI for the BC a/c.

 

It's Penalty Charges, when the account was opened is was 0% interest for 9 months and after I'd use the full balance of the credit card for a purchase, they sent me a letter stating that I've not used the card within the terms and conditions and changed my 0% to the standard APR at the time (cannot recall the actual percentage whilst writing this post), so I'm actually in effect just paying the interest off the balance each month and sometimes I've had some issues when I've been unable to meet a payment so they've stuck on Penalty Charges, and I've had to use the card sometimes in emergencies but have decided enough is enough and stopped paying two months and was waiting for them to send me a letter to demand payment for the full balance so that the account would no longer be active so that I could then do a SAR and hopefully reclaim any Penalty Charges to reduce the balance and then finish paying it off, hopefully with the interest then removed after coming to a payment agreement in writing.

 

But never received any letters and at the moment I'm £70 over my credit limit due to the charges and have had up to 5 calls on my mobile, home phone and work phone per day, so have also sent a telephone harassment letter, so instead of waiting for anything from them. I've gone ahead and done a SAR since they sent me a text message stating that they will soon be taking any money from my Barclays Current account to pay off any money owed.

 

I am assuming whoever sent the email, must know that I plan to reclaim the penalty charges since the account is over limit and has not been paid for as of this post.

[slick132]

Trouble is that, by not servicing the a/c monthly, it'll get recorded on your Credit Records causing damage. If that's an issue, bring the payments up to date if you can.

 

I suspect that is why they want to talk to you - to see why there's been no payments.

 

How long ago did you start getting default charges added to the a/c.

 

[kingofkings]

Well, my credit report for the account state no arrears for the life of the account, they're all green for payment etc. The only one that is of concern is the most recent one which is of course at the moment flagged for 1 in arrears.

 

And the charges that are getting added are over limit charges as I've been making the minimum payment only, sometimes the interest is more than the minimum payment so it takes it over the limit after I've made the mimimum payment. I know I've not handled the account well by making the mimium payments, but as said I seem to just be only paying back the interest, as when they've charged me for going over my credit limit with the interest they debit, I've had to then pay the £12 fee as well as the interest as well as the next mimium payment each time, so rinse and repeat for the last 6 months and I'm at the stage I'm at now with £70 over my limit due to now being 2 late payment charges, 2 overlimit charges plus interest.

 

So rather than playing the game I've been playing for the past 6 months, I'll settle the over payment hopefully by the end of May so it brings the account back in my credit limit and then hopefully reclaim the charges applied to my account to reduce the balance and hopefully get the interest removed so I can clear the account with them without falling into the trap I got in with just paying the minimum payment trap as above.

Edited May 23, 2012 by kingofkings

[slick132]

Hi KofK's,

 

Noted. I think you're wise to bring the a/c to being "in order" or the default charges will continually put you over-limit.

 

So is it only in the last 6 months or so that you've been hit with their default charges.

 

Or are there some from further back.

 

[kingofkings]

It's more than 6 months, but the last 6 months have been the worst which has resulted in the reclaim otherwise I would of just left it to be honest there have been some in the past over the life of the account but only overlimit ones that were dealt with quickly.

 

It's hardly going to make a dent in the balance, but hopefully enough to bring it back from going over the limit with interest... Would Barclays freeze the interest on the account do you know?

 

And the account should be back in order quicker, as received a letter from Barclaycard that must of crossed in the post that they will taking the mimimum payments I've missed from my bank account within the next 7 days as stated in their terms and conditions.

[slick132]

If you think your may qualify for consideration on the basis of Financial Difficulty, you can ask the bank to stop adding charges and interest.

 

See here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

This will probably affect the card status and I suspect they would cancel use of it.

 

[kingofkings]

Just an update, I've received charges related to my account as a result of a SAR, but still awaiting my statements but in any case I've calculated the charges to the cost of £240.00.

 

But I'm a little stuck on which interest rate to apply, I have the following rates.

 

05/08/11 Interest On Your Standard Balance

INTEREST 1.313%

 

06/07/12 Interest On Your Standard Balance

INTEREST 1.456%

 

06/07/12 Interest On Your Default Sum Balance

Default Sum Interest Rate 1.456%

 

Annual rate for purchases 18.9%

Annual rate for cash 27.9%

 

Which do I need to apply to a to calculate the compound interest in relation to the charges, and do I claim back the interest as well as the charges in the same total, that is as I've heard about the 8% interest if it goes to court is this added on top of the Charges + Interest or just applied to the Charge?

 

Thanks.

[slick132]

Hi KofKs,

 

BC have no obligation to supply copy statements, as long as they supply the necessary a/c transaction data.

 

Can you just confirm the approx dates between which you incurred the penalty chgs.

 

Have a good read through this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Make notes about relevant steps as you read through. You'll find pretty much everything that you need there.

 

Also read other "BC **WON** with Compound Int't" threads.

 

Depending on your answer to my Q above about the dates of the chgs, you may use a nominal compound int't rate of 24.9%.

 

[kingofkings]

The dates between the charges are May 2010 to July 2012.

 

I know BarclayCard have no obligation to supply copy statements, they just noted in their letter with the charges copies that statements would follow that's why I said statements to follow.

 

 

Hi KofKs,

 

BC have no obligation to supply copy statements, as long as they supply the necessary a/c transaction data.

 

Can you just confirm the approx dates between which you incurred the penalty chgs.

 

Have a good read through this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Make notes about relevant steps as you read through. You'll find pretty much everything that you need there.

 

Also read other "BC **WON** with Compound Int't" threads.

 

Depending on your answer to my Q above about the dates of the chgs, you may use a nominal compound int't rate of 24.9%.

 

[slick132]

Noted.

 

As the chgs are relatively recent, the benefits of claiming compound interest will be limited.

 

To decide whether to claim compound int't, put the chgs on this spready and set the Int't rate to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Let us know what the compound int't comes to.

 

[kingofkings]

Thanks, I think that spreadsheet hasn't taken in account of leap years as the days between now and some of the charges are 1 or 2 days out to which I've corrected anyway here are the results

 

Claim Date 10th July 2012.

Interest Rate: 24.90%

Total Claim £291.57

 

Total Amounts £240.00 (£51.57)

 

Amounts with corrected days between dates, it's only 'pence' in this instance.

 

Claim Date 10th July 2012.

Interest Rate: 24.90%

Total Claim £291.69

 

Total Amounts £240.00 (£91.69)

[slick132]

Hi Kings,

 

The final decision is, of course, yours. However, my advice is to forego the compound interest and reclaim just the charges.

 

You can't claim any interest (Statutory Interest at a simple 8% or nominal compound int't at 24.9%) until you actually file a court claim.

 

But, if BC fail to repay by the deadline in your LBA, I'd then file a court claim for the charges plus compound int't in restitution.

 

In this way, you give BC the chance to pay a slightly smaller amount quickly or, if they drag their feet, you claim the maximum amount that you can.

 

Get your Prelim Letter sorted and sent off by Recorded Del'y.

 

Then get reading !!

 

[kingofkings]

Thanks, I'll take your advice. I did have experience with Capital One but this was back in 2006/7 so I'm not new to this but I've lost track of a few things since then so needed reminding.

 

Have to note that Barclaycard failed to send the SAR within 40 days anyway but a letter reminding them that I sent last week when the 40 days were up obviously encouraged them to sending them to which I got today.

[slick132]

Hi Kings,

 

In my experience, dealing with BC is a whole lot easier than CapOne. Also, a lot has changes since 2006/07

 

Read Shelley's thread as linked for you on the previous page, and you'll soon be up to speed.

 

[kingofkings]

Just an query whilst awaiting a response from Barclaycard, forget the stage of development of the claim as simply asking for an explanation.

 

If I do claim the interest via court at 24.9% where does that other 8% come into play is it it ignored because of the 24.9%?

[slick132]

Hi Kings,

 

It's usually suggested that you either claim s.69 simple int't at 8% OR compound restitutionary int't at your selected nominal rate, bot not both.

 

You should, however, seek further interest from the date of claim to the date of payment at either 8% or 24.9%, calculated to give a daily rate.

 

[kingofkings]

Thank you.

[kingofkings]

I would like to also add that in the meantime, even though Barclaycard are aware of my situation with them except the reclaim but they should now if they've got my letter I've since received two letters from two different DCA's regarding a repayment of minimum payment fee... What should I do about these, ignore and just keep dealing with Barclaycard or simply send a letter to both the DCAs and get them to 'wait' ?

[slick132]

Hi Kings,

 

Ignore the DCA's or tell them the a/c is in dispute re refund of CCard fees, so they must stop pestering you.

 

You should continue to service the a/c if you want to avoid adverse markers on your CRA files.