lowells/carter - Old Barclaycard debt

[BRIGADIER2JCS]

As far as I am aware the fact your husband made a payment does not as such make the debt valid although it might be suggested so. It will however restart the statute barred clock . If they can not provide a compliant S78 request and you can show that on balance you never signed a valid agreement then the account is unenforceable

Making a payment is an " unequivocal admission of liability" as per the OFT Guidance as accepted by the FCA.

[fletch70]

Brig

Isn't this card from pre Apr 2007 and as such without a valid S78 request or evidence (on balance) that a compliant agreement was signed it really doesn't matter. Alternatively are you suggesting that s127(3) and S127(4) along with S78 are irrelevant. I doubt very much that you are saying that

[slick132]

Sorry, I should have made my post above more clear re the payments that were made.

 

The pay'ts are clear acknowledgement of the debt and reset the SB clock.

 

The question of the enforceability with regard to the documentation supplied remains another matter.

 

[womble005]

Hi all,

 

So, the matter rolls on… and on.

 

To recap, on the 3rd June, an SAR was sent to Barclaycard, which they denied having received. We provided evidence of the SAR having been delivered 'signed for' by the Royal Mail. To date, no documentation pursuant to the SAR has been forthcoming.

 

A complaint was made to the Financial Ombudsman on the 17th May on the basis of the unacceptable length of time it was taking Barclaycard to provide the required documentation.

 

Barclaycard wrote to us on the 4th August in connection with the Financial Ombudsman complaint to say the Ombudsman had '…not provided sufficient details for (them) to be able to investigate…', and requesting the following details: First name (which was on the FO complaint form), date of birth and any previous addresses.

 

This information was provided to Barclaycard on 11th September (there was a lapse in our response owing to the inability of the Royal Mail to get our mail forwarding facility set up after we moved home on the 1st July).

 

We have now received a letter from Barclaycard - undated and unsigned, and without any form of reference number - which reads: '…We refer to your request for information under Section 78 of the Consumer Credit Act 1974 dated 11th September 2014.

 

Based on the information you have given we are unable to locate your Barclaycard account number. If you would like us to respond to your request, please provide further information to enable us to identify your account'.

 

I'm ASSUMING this letter pertains to the SAR, and NOT the Financial Ombudsman complaint? It originates from a completely different address to the one where the SAR was sent.

 

Surely, if we provide an account number, that's an admission of liability?

[BRIGADIER2JCS]

Hi all,

 

So, the matter rolls on… and on.

 

To recap, on the 3rd June, an SAR was sent to Barclaycard, which they denied having received. We provided evidence of the SAR having been delivered 'signed for' by the Royal Mail. To date, no documentation pursuant to the SAR has been forthcoming.

 

A complaint was made to the Financial Ombudsman on the 17th May on the basis of the unacceptable length of time it was taking Barclaycard to provide the required documentation.

 

Barclaycard wrote to us on the 4th August in connection with the Financial Ombudsman complaint to say the Ombudsman had '…not provided sufficient details for (them) to be able to investigate…', and requesting the following details: First name (which was on the FO complaint form), date of birth and any previous addresses.

 

This information was provided to Barclaycard on 11th September (there was a lapse in our response owing to the inability of the Royal Mail to get our mail forwarding facility set up after we moved home on the 1st July).

 

We have now received a letter from Barclaycard - undated and unsigned, and without any form of reference number - which reads: '…We refer to your request for information under Section 78 of the Consumer Credit Act 1974 dated 11th September 2014.

 

Based on the information you have given we are unable to locate your Barclaycard account number. If you would like us to respond to your request, please provide further information to enable us to identify your account'.

 

I'm ASSUMING this letter pertains to the SAR, and NOT the Financial Ombudsman complaint? It originates from a completely different address to the one where the SAR was sent.

 

Surely, if we provide an account number, that's an admission of liability?

 

 

The undated unsigned letter is the standard Barclaycard " we can't find it" response to a CCA request not a SAR!

[womble005]

I don't understand, though. I sent an SAR, so why are they responding as though they can't find my account, despite the fact I've given them all the personal info they need? (PS: when I say "my", I'm referring to my husband, who is the one Barclaycard are chasing. It's just easier to refer to it as 'me'!

[BRIGADIER2JCS]

I don't understand, though. I sent an SAR, so why are they responding as though they can't find my account, despite the fact I've given them all the personal info they need? (PS: when I say "my", I'm referring to my husband, who is the one Barclaycard are chasing. It's just easier to refer to it as 'me'!

 

 

BCs standard of data handling is a cause for concern many anomalies are cropping up.

 

 

Here they appear to be referring to a section 78 CCA Request did you make such a request along the £1 statutory fee?

[womble005]

Plus, my SAR letter was delivered to Barclaycard on the 4th June - so, including today, they're 78 days OVER the 40 day time limit in which to comply. Surely that warrants a complaint to the Information Commissioner's Office?

[BRIGADIER2JCS]

Plus, my SAR letter was delivered to Barclaycard on the 4th June - so, including today, they're 78 days OVER the 40 day time limit in which to comply. Surely that warrants a complaint to the Information Commissioner's Office?

Before the ICO will take an interest send BC a reminder giving the 7 working day to produce the data, after which you will a complaint to the ICO.

[womble005]

Ok, I will. Thank you.

[womble005]

PS: Brigadier, yes, I made both a CCA request and an SAR. Perhaps they're just confusing themselves, as well as me! They sent me an entirely illegible set of T's&C's, and I wrote back to them (and Lowell) with words to the effect of 'this is completely illegible'. Lowell came back with a load of claptrap about having fulfilled their obligations under section 77-78 of the Consumer Credit Act - which I, in turn, responded to with a letter saying 'No, you haven't'.

 

I'm just copying Lowell with everything I send to Barclaycard.

[BRIGADIER2JCS]

Ok, I will. Thank you.

Please keep us up to date on progress.

[BRIGADIER2JCS]

PS: Brigadier, yes, I made both a CCA request and an SAR. Perhaps they're just confusing themselves, as well as me! They sent me an entirely illegible set of T's&C's, and I wrote back to them (and Lowell) with words to the effect of 'this is completely illegible'. Lowell came back with a load of claptrap about having fulfilled their obligations under section 77-78 of the Consumer Credit Act - which I, in turn, responded to with a letter saying 'No, you haven't'.

 

I'm just copying Lowell with everything I send to Barclaycard.

 

 

Usual Lowell claptrap on recon agreements There Must be the starting Ts & Cs and the one at closure + any material amendments. Did these Ts & Cs have your name and address at the inception of the account?