Ding Ding... Round 5, MKDP/Barclaycard/Goldfish/MSDW v Spam.

[Spamalot]

Hello out there to anyone who can help. I currently have a thread running in legal issues

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

and as the advice I've been given has made me lift my head out of the sand a little more I thought I'd try and tackle my issues with Barclaycard.

 

I had accounts with Goldfish and Morgan Stanley(probably around 7-10 years old) which unfortunately ran into difficulty. I arranged payments with both these accounts on an interest free basis and all was running smoothly. Since last year Barclaycard have take over both the accounts and I believe they are going to try and railroad me. They've already started to charge interest on the accounts (which I have had to get refunded)despite my arrangements and are starting to prove troublesome.

Is it worth trying the account(s) in dispute tactic and sending SARs etc to see what they hold on me and if they have the CA's on these accounts bearing in mind the age of them.

I've never trusted Barclaycard and previous accounts I have had with them I have settled. I did not choose them as my creditors and I would love to get them off my back if I can.

Any suggestions where I might start?

[slick132]

Hi Spam,

 

A CCA request to BC is usually a waste of time - they'll only send back general T&C's. However, as yours is a taken-over MSDW/GF account, I'd take a chance and send the CCA request and the £1 fee anyway.

 

Peeps are trying the CPR approach with BC but it's too early to tell if this will be any more successful. Read about this in Link No2 in my signature below.

 

Early signs are that BC still won't send a Credit Agreement in response to initial CPR requests. Leave this for now.

 

If there have been any penalty charges on the a/c in the last 6 years, you can reclaim all the charges. If you don't have all the necessary statements, send BC a SAR with the £10 fee.

[Spamalot]

Thanks for that Slick. I will send a CCA request and see what doesn't turn up.

As for penalty charges, I really have no idea how much ,what, where and when or if, but after a decent interval I'll send sars and see if I can find out.

Cheers for now:)

[the_shadow]

Thanks for that Slick. I will send a CCA request and see what doesn't turn up.

As for penalty charges, I really have no idea how much ,what, where and when or if, but after a decent interval I'll send sars and see if I can find out.

Cheers for now:)

 

Hi Spamalot, I'm in the same boat almost... took out MSDW card in 1999.

 

I've CCA'd them and got t&c

Sar'ed them and got exactly 6 years to the month:D statements back

 

I've CPR'd them twice and got nothing, just waiting for the live case thats with barclaysharks at the end of the month to see whether I put in a N244 request for disclosure of document.

 

S.

[Spamalot]

Thanks for that S.

I think I'm going to have a serious uphill struggle.....My Goldfish Card was originally with HFC and my MSDW card was ,as far as I am aware, originally with MSDW and I am almost sure they are both around 10 yrs old...over the past few years they have both been 'taken over' a few times and have now ended up with Barclaysharks. So I have two accounts with one of the most despicable banks in the world!!!!.

I will fight the good fight until I am so much trouble they either give up or pass me on... Any help you can give I will be eternally grateful.

CCA requests for both accounts are ready and waiting until I can get to the post office...(at least I can save a couple of bob on postage cos they can go in the same envelope;))

Cheers, Spam

[slick132]

Send the SAR as soon as you want but keep it as a separate letter, so you don't confuse them. £10 fee to go with it too.

 

[Spamalot]

Thanks again....intend to send postal orders for payments of SAR,s etc. Any idea who it should be payable to....I know what fusspots they are;)...should it be Barclaycard or Barclays Bank Plc?

[the_shadow]

Thanks again....intend to send postal orders for payments of SAR,s etc. Any idea who it should be payable to....I know what fusspots they are;)...should it be Barclaycard or Barclays Bank Plc?

 

I left mine blank but ensured the post office crossed the cheque, not sure if its the right way to do it but they accepted them ok.

 

S.

[slick132]

Barclays Bank PLC

 

[Spamalot]

Hello there barclayshark lovers,

Been a bit preoccupied with my other thread recently so this has sat on the back burner a bit.

Anyway, I have had no reply whatsoever regarding my CA requests of 18th April and would like some advice as to where to go from here.

 

I intend to send off SAR this weekend.....but as it is two seperate accounts do I need to send two requests? I ask because despite the accounts originally being with two seperate banks they are both now with Barclaycard and as I am requesting ALL data they hold on me I assume/ hope it should cover both accounts.

 

Also, as I have not received a reply from them re CA requests, is this where I send the account in dispute letter and withold payment until they prove it exists?

 

Sorry to be a pain but my other thread is already at the legal stage so I'm fighting this one from the other direction so to speak.

 

All advice greatly appreciated.

Thanks.

[slick132]

As the 2 a/c's are now with BC, 1 SAR should suffice.

 

Make sure you quote both a/c nos. though.

[Spamalot]

As the 2 a/c's are now with BC, 1 SAR should suffice.

 

Make sure you quote both a/c nos. though.

 

Thanks slick, will get on to that today.

 

With regards to the 'Account in Dispute' letter, I have been looking around for a template and have nicked the one from http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response.html

 

 

 

My problem is, the agreement(s) I signed were not actually with Barclaysharks so is it ok to alter the letter as below, or do I need a whole new template altogether?

 

 

'You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company (should I put the Name of Original Creditors here? )and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.'

Thanks for looking.

Cheers Spam

[slick132]

Hi Spammy,

 

Yes, I'd alter the letter to say:-

 

"....signed by both the original creditor, Goldfish (or whoever), and myself....."

 

[Spamalot]

Thanks again Slick,

 

Just an update. I have my SAR ready and waiting along with my acconts in dispute letter and will be putting them in the post today with this covering letter;

 

Dear Sir/Madam,

 

Please find enclosed copies of my letters dated 18.4.09 requesting true copies of the credit agreements for the above accounts.

 

Also,

 

A subject access request for the above accounts, together with a £10 postal order in respect of the maximum fee for this request.

 

And

 

A letter informing you that these accounts are now in dispute.

 

Please be advised that whilst these accounts are in dispute I will only be making token payments towards them as a measure of goodwill, and you must withhold charges and interest, therefore it is in your own interest to supply me with the documents requested as soon as possible to resolve the matter.

 

DO NOT ATTEMPT TO CONTACT ME BY TELEPHONE REGARDING THESE ACCOUNTS.

 

DO NOT PASS MY DETAILS ON TO ANY COLLECTION AGENCIES.

 

I look forward to your speedy reply.

 

 

Yours Faithfully,

 

 

Guess I'd better go and unplug my phone now.

Edited June 1, 2009 by Spamalot

[the_shadow]

 

Guess I'd better go and unplug my phone now.

 

 

Yep :-D

 

S.

[Spamalot]

Hello all.

 

Mini Update.

 

Today I have received a copy of my MSDW application form from Oct 1999 and the usual dismissive covering letter saying they have completed their obligation etc. yah de yah de Yah.

 

Did make me chuckle though when they said that as my 'account is now in a recovery programme further information should be obtained from the recovery team' Makes it sound like it's some kind of alcoholic.

 

Oh well, lets see what the SAR drags up.

[the_shadow]

Hello all.

 

Mini Update.

 

Today I have received a copy of my MSDW application form from Oct 1999 and the usual dismissive covering letter saying they have completed their obligation etc. yah de yah de Yah.

 

Did make me chuckle though when they said that as my 'account is now in a recovery programme further information should be obtained from the recovery team' Makes it sound like it's some kind of alcoholic.

 

Oh well, lets see what the SAR drags up.

 

I'm jealous

 

How bad is the copy?

 

S.

[Spamalot]

I'm jealous

 

How bad is the copy?

 

S.

 

Hi S.

 

Difficult to say:-|

 

I will try and scan a copy of it and post it via photobucket but to be honest it's tiny writing and I think if I mask the ID details I may obliterate it altogether!

 

Be back soon.

[Spamalot]

Well here it is!

 

MSDWApplication.jpg picture by Spamalot_bucket - Photobucket

 

It does actually look better than that in the flesh.

 

I will see if I can improve the image in some way.

 

Thanks, Spam

[the_shadow]

Well here it is!

 

MSDWApplication.jpg picture by Spamalot_bucket - Photobucket

 

It does actually look better than that in the flesh.

 

I will see if I can improve the image in some way.

 

Thanks, Spam

 

Its far too small to read but those t&c at the bottom dont look right... why are they not subject to the same blurring thats occurred in the text in the app above?

 

Have to say thats the clearest copy I've seen of an MSDW app from pre2000 yet

 

S.

[Spamalot]

Its far too small to read but those t&c at the bottom dont look right... why are they not subject to the same blurring thats occurred in the text in the app above?

 

Have to say thats the clearest copy I've seen of an MSDW app from pre2000 yet

 

S.

 

Re the T&C's,on the copy that I have it looks very similar to the rest of the form so it's hard to tell whether they were on the back or just appeared from nowhere!:-|

 

I'm going on the assumption that as this is an application form it isn't an enforceable agreement and therefore they haven't fullfilled their obligations quite yet.

 

But I am quite happy to be corrected if somone out there wishes to contradict.

 

I will carry on regardless if only to annoy BS because I despise them so much!

 

Spam.

[Spamalot]

I'm not sure if this scan is a bit better than the last one, I played around on 'paint' a bit to see if I could make it more legible.

 

Msdw app picture by Spamalot_bucket - Photobucket

 

Has anyone else received one of these before and taken things further?

 

I am sure I read somewhere that this was in fact MSDW's idea of an agreement at the time and their paperwork wasn't up to scratch so they sold off all the accounts but I can't remember where I read it...

 

Any Ideas?

 

Probably just a dream.

 

Cheers, Spam

Edited June 12, 2009 by Spamalot

[Spamalot]

Bumpity Bump..

 

Any advice on what to do with this MSDW application form.... It's impossible to read and I refuse to go out and buy a magnifying glass!

 

Seriously... Is this what can be construed as a legible copy of an agreement or can I tell them to go and boil their heads and come up with something better!

 

Spam.

[slick132]

Hi Spammy,

 

I'll come back with me proper specs and take a better look.

 

In the meantime, here's Steven's fabbo guide to credit agreements - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

[slick132]

Nah !!

 

Can't make out the T&C's even with specs, which brings the document into question on the grounds of legibility.

 

I'll ask for expert opinion on this.