Paul, help with Barclaycard.

[slick132]

Hi Paul,

 

As the a/c has been with Cabot for so long, I think the SAR should be sent to them along with a CCA request. Both are in the Library - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

The SAR to Cabot should show how the debt has altered over the months and years with each payment.

 

SAR - http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

CCA request - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Can you give us approx figures of what the debt was when sold to Cabot, what it was when they stopped adding interest, and what the debt is now.

 

Do you have the old BC a/c statements. If so :-

 

1. How far back do they go.

 

2. Can you see any penalty charges and/or PPI being added to the a/c before the sale to Cabot.

 

[slick132]

Hi Paul,

 

Does the SAR response from BC show any penalty charges and/or PPI charges.

 

On what date did the BC balance reduce to zero. I'd have thought THAT was when the a/c was sold, either to Cabot or to another DCA.

 

[slick132]

Hi Paul,

 

I think you should send the CCA request to Cabot as it's them who are chasing the debt and you need to see if they have the paperwork required for them to do this with any authority.

 

BC are likely to simply refer you to Cabot now anyway as BC no longer own the debt.

 

You haven't told us if there are any penalty charges or PPI showing as charged to the a/c. Any such charges can be reclaimed in full plus interest.

 

[slick132]

I thought PPI could only be reclaimed if it was mis sold as for penalty charges,the old ones yes but not so easy on the £12 ones

 

Penalty charges can be reclaimed in full, whether they were from before the OFT £12 limit was imposed, or after.

 

PPI can be reclaimed if it was missold or inappropriate and there are many circumstances in which PPI will be repaid by the bank.

 

[slick132]

Hi Paul,

 

Have you entered the penalty charges data onto your own spreadsheet to see if what they're offering to refund is fair - I doubt it will be !

 

Use a rate of 24.9% on this spreadsheet and enter the date and amount of each penalty - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Any refund will be used to clear any debt outstanding with the DCA. If they no longer own the debt and you make a reclaim, BC may well repurchase the debt from the DCA to enable this.

 

[slick132]

If BC see a refund is likely to be due, they may well repurchase the a/c from the new owner.

 

However, unless they actually repurchase the a/c, they cannot simply withhold all or part of a refund because a debt remains unpaid with the new a/c owner.

 

[slick132]

Hi Paul,

 

Noted and, while you wait for a reply to the LBA, use the time to research your next moves re PoC's, Filing the N1 Claim Form with CCMCC, etc.

 

[slick132]

Hi Paul,

 

Despite our requests for you to post up the Spreadsheet or give details of the totals for penalties and compound interest, you never gave us this info. Can you now confirm the figures for charges and compound interest as per the spreadsheet in June 2013 that you referred to above.

 

When BC offered the refund which you accepted as per post #27, exactly what did they offer you as a refund and what did they suggest they would do with it.

 

You may have lost the upper hand here. By accepting BC's offer to refund the smaller amount, you may also have lost control of what they did with it.

 

Ideally, you should have rejected BC's offer (as your post #23 suggested) and then filed your court claim for the full refund.

 

[slick132]

Hi Paul,

 

We didn't necessarily have to see the spreadsheet. If you had told us the figures involved, I would have strongly suggested that you take Barclays to court for the return of your charges plus restitutionary interest. However, as you have agreed to accept the reduced amount, you cannot go back and complain about the amount itself.

 

If you complain to the FOS about the Set Off, they will probably reply that they see it as fair and acceptable. We could assist further with this argument as I helped another CAGger have the FOS Adjudicator's decision overturned by an Ombudsman. But that will still leave you owing the balance to Cabot, so I'm not sure it is worth all the time and effort that would be involved.

 

Out of interest, would the £6190 have cleared the amount owed to Cabot or not.

 

As regards the sharing of your data, I assume there is an arrangement between BC and Cabot as debt seller and debt purchaser that enables them to continue to share your data. I see nothing about this that will help your situation.

 

Sorry we couldn't have got you a better result but you took the easier route and it has cost you some £3500.

[slick132]

Hi Paul,

 

I'm really sorry this didn't turn out better for you.

 

As you say, at least it may serve as a warning to others in the same position.

 

Just for info, unless BC physically repurchased the debt from Cabot in anticipation of your charges reclaim, they have no right in law to Set Off the refund against the Cabot debt.

 

There is no contractual relationship between BC and Cabot that enables this. When I appealed an FOS Adjudication on this matter, the Ombudsman agreed and ordered the bank to refund charges direct to the customer, confirming that no the bank had no right to pay a refund to a third party.

 

However, as I said above, this would not really help you as you would still be saddled with the Cabot debt even if the bank repaid the charges direct to you.

 

As you say ........... onwards and upwards !!

[slick132]

Hi Dx,

 

Can you expand on this please.

 

if there was no actual debt when it went to cabot

 

then surely you should get those payments back...?

 

No debt with who, when what went to Cabot?

 

You should get what payments back?

 

[slick132]

Thanks DX for clarifying.

 

Again I fear there is little that can be done now to question either what has happened in the past or what has been agreed recently.

 

If Paul had an active court case for a charges reclaim, he would have a useful lever to get answers and info from BC. But this isn't the case once an agreement was reached

 

@ Paul, it may help if you confirm exactly WHAT you agreed to accept when BC offered the £2450. Ie please confirm the wording of what you agreed to.

 

Also, did you ever discover exactly what payments you made to BC and where they went.

 

I suppose this can still be investigated and queried but "Shutting the door after the horse has bolted" springs to mind.

 

[slick132]

Ok, so based on what was offered and what you agreed to, there is no going back on BC's settlement for charges,

interest and compensation in rsponse to your charges reclaim.

 

Regarding the question of what happened to payments made to the a/c before it was sold to Cabot,

the only thing I can see left for you to do is to reconcile the figures using the SAR data.

 

You know when you started paying reduced payments (2004),

how much you paid monthly (??)

and how long you paid BC for

(11 months when int't was still being added, 21 months when int't was not charged and 65 months when you paid BC before the a/c went to Cabot.

 

What was the last figure and date you have your the a/c balance.