Hoist claimform - old Sky barclaycard debt ***Claim Discontinued***

[Micky the Hippo]

Hello all,

I have a Barclaycard from way back in the day, i was very slowly paying it off,

I was out of work for a few months and they were very nice, froze the account

and when i was back in work insisted on converting it to repayment plan at zero interest, great.

It got a bit difficult at the end of the first year because they said I should have called them to renew the plan.

 

I found out when their ten automated calls a day machine started

which rather removed any goodwill on my side.

After all sorts of nonsense they offered to put me on another plan.

 

Rather less full of gratitude, I sent off a CCA request by recorded post, and it was signed for and opened.

 

Since then, perhaps two months ago, nada, barring a monthly statement pointing out that I hadn't made my minimum payment and lumping on some interest.

 

Can they do that as they are now presumably in breach?

 

Not yet up to speed on Barclaycard,

are they as terrible at keeping CCAs as the others,

it is an old care, comfortably pre 2007 or whatever the significant date is.

 

Ta

Micky

[slick132]

Hi Micky and good to see you again.

 

Some dates would help us give better suggestions. Like, when did :-

 

1. The a/c fall into arrears.

 

2. You reach a repayment plan.

 

3. You send off a CCA request.

 

4. They start adding interest again.

 

Edited March 24, 2016 by slick132

[Micky the Hippo]

hmm, well

 

I was out of work in September 2014 and they very nicely froze the account for six months, ! found work after three or four months and called them to go back onto my payments, they insisted the account stay frozen and I make a much reduced payment for a year. At the end of that year they turned the card back on, added interest etc, the first I knew was when they started sending lots and lots of automated calls. When I rang them I got a call centre that were clueless and eventually agreed I was not at fault and promised me a refund of the added interest and a £100 for the calls.

 

Then someone the UK side called me and was rather curt, said it was all my fault for not contacting them to arrange a new plan, I complained formally, they responded by saying it was all my fault but it could have been handled better and paid me some compo. Then they offered me a new repayment plan with minimal interest for a further year.

 

About this time I got annoyed with the messing about and following my apparent success CCAing MNBA/LINK. I thought what the hell and sent a CCA off to Barclaycard over two months ago, it was signed for but otherwise no reply.

 

Earlier this week I got a routine monthly statement showing I was late making a payment and showing them adding interest at what looks like the old fashioned lively interest rate.

 

1. I kinda sorta went into arrears six months ago by mistake when the repayment plan ended but they resolved all that and reset the account following my complaint

 

2. I agreed the latest plan in principle but it was to start when I made the first payment, I haven't done that.

 

3. I sent a CCA off over two months ago, it was signed for but otherwise no response at all.

 

4. From memory of my new minimum payment I'm two months of full interest behind so I guess they gave me a couple of week too start the plan and then turned the card 'on again.

 

And hello again btw

[slick132]

Hi Micky,

 

Have you suffered any penalty charges during all this or have you avoided them by being proactive.

 

[Micky the Hippo]

Hi Slick, there would defo have been some further back in time, not huge amounts but defo some, especially when the card was active

 

Am I right to think that people can still reclaim CC charges in the old bank charges stylee? Compound Interest and so on? Even after sending a CCA and kinda establishing that there isn't one?

 

You're going to tell me to SAR aren't you? I will have a lot of CC statements filed away.

 

In another thread about a CC with another firm that was sold on to a DCA (who have produced a miserable CCA) I'm sitting pretty, can I still SAR the original CC co and claim charges on that one even now? Are they still not very good at producing old statement as the banks were, again I might have a decent amount of statement going back avery long way?

 

Sorry for all the optimistic and ignorant questions.

 

Thanks

Micky

[slick132]

Hi Micky,

 

Whilst reclaiming bank charges is now not possible, reclaiming CCard charges IS !!

 

If you have statements showing older CCard chgs, you should reclaim them in full. With BC, we still suggest you claim resitutionary interest as well. If you don't find the statements, a SAR may help although BC will pretend they don't store data beyond 6 years.

 

If you have other cards to discuss, post a link and we'll assist on the other thead(s).

 

[Micky the Hippo]

Hello all

 

A firm letter yesterday saying contact immediately or else Default etc etc and take money from you other Barclays accounts, the joint account is with them.

 

Can I send a letter saying the account is in dispute because they have not complied with the CCA request? Or is that just they can't take me to court without producing one? I appreciate they can default and sell the debt on etc etc

 

I'm making arrangements to move the joint account on to another bank, if the account is always overdrawn can they still take money, a fair lump goes through it every month to pay the bills

[slick132]

Hi Micky,

 

Write to BC saying the a/c is in clear dispute due to their failure to comply.

 

If you're able to make ongoing monthly payments, it may be worth doing, to avoid the hassle if you don't. Moving the bank a/c would not then be necessary.

 

Have you found all your old BC statements to set the reclaiming process in motion.

 

If you keep the joint a/c, they could raid the a/c if they pay'ts the take don't take you over any existing o/d facility.

 

Edited April 14, 2016 by slick132
typo

[Micky the Hippo]

Hi Slick, ta, that all makes sense

 

They Defaulted me yesterday, not bothered about credit rating, I've opened a new Joint Account and just need to get the Account Switching service to get it all moved over before payday at the end of the month

 

Are they even allowed to Default and add charges if the account is in dispute? Does it stay in dispute until the supply a valid copy of the CCA? ie should the account be effectively frozen?

 

Not yet to statements, been busy and that seemed to less time critical that other things on the go

 

Thanks again

Micky

[slick132]

Hi Micky,

 

I thought collection activity should cease until the CCA Request is complied with so complain to BC.

 

Work on finding those old statements.

 

[Micky the Hippo]

Howdy, posted an Account in Dispute letter yesterday, no other news but I'm going to see what the office cabinet holds in the way of BarclayCard statements.

 

Thanks

Micky

 

Hi

 

I've found a folder with statements for Barclaycard, MBNA and OPus dating back to the end of 2009, there may be others in another folder.

 

Am I right to think I put all the charges of any kind in to a Stat Interest spreadsheet for each card and then start claim for each, that easy?

 

Thanks

Micky

 

Can I claim any of the following?

 

Interest on cash balance?

Interest on Standard balance?

Interest on Default Sums?

 

And is stat interest at 8% the bread and butter safe claim?

 

Is gong for contractual Interest more risky and likely to actually go to court

 

(I know I'm being lazy for not reading, I wil, promise)

 

Thanks

Micky

[dx100uk]

24.9% using the cisheet

and no you cant reclaim those you listed.

only the fixed sum penalty fees.

[slick132]

Hi Micky,

 

Read through BC *WON* threads here, for guidance on reclaiming - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

They'll explain most of what you need to know about reclaiming BC default chgs plus restitutionary int't @24.9%.

 

[Micky the Hippo]

Hello all,

nothing to report really, quite a few calls from BC,

a letter Defaulting me,

 

 

eventually a call got me, as soon as the chap identified himself,

I told him that the account was in dispute as they had not complied with a CCA request

and they should not be adding interest and charges to the account but they were, and hung up.

 

I've since had a letter telling me they were dealing with my complaint

 

SAR not sent yet, it's the 'agg' of getting to the post office for the postal order ...

[slick132]

Hi Micky,

 

Get the SAR sorted asap.

 

The longer you leave it, the greater the chance you'll not get back older data which BC may say is destroyed on a rolling basis.

 

[Micky the Hippo]

aye aye, will do although as said I do have a decent chunk of statements from 2009 onwards

 

Thanks

Micky

[Micky the Hippo]

oooo, there was a reason to post other than a general update

 

I moved the joint account to another bank as advised so all good there,

 

after a month odd Barclays bank have now asked to clear my overdraft,

 

I haven;t responded yet but plan to repay a small amount monthly until it's cleared,

all humdrum non contentious stuff I assume?

 

Are the BC account and dispute effectively separate from the barclays debt?

 

Thanks

Micky

[slick132]

Hi Micky,

 

You've surely been around long enough to know that Barclays Bank, BC, Barclays Partner Finance, etc are ALL part of the Barclays Group.

 

As such, assets held in any one account are liable to set off to another Barclays Group debt.

 

Having said that, each dispute is individual and, if you have no credits in any account, you have nothing to lose really.

 

[martin2006]

The SAR will give you info on all accounts whereas the dispute letter will only relate to the account you are disputing

 

with regard to the SAR, Barclays are not always quick to get you the info in 40 days and will wriggle on anything over 6 yrs old, but if you remind them that their "microfiche system" IS a relevant filing system, they will usually then comply with all the info you need

[Micky the Hippo]

Hello all, long time

 

I had a few letters that i suspect are all routine and dull,

 

A rather furious legalese one saying the CCA they send me on time in Feb was perfect, quoting all sorts of case law including one that proved that something without my signature or a date on was still an agreement, wha?

 

I replied in writing to say I had not received a CCA and had therefore not paid anything, believing the account to be in dispute/not valid etc and to send me the CCA

 

And now a series of letters from Arvato, pay up or else, then make us an offer and now today another pay up or else we sell the debt

 

Am I right to think this is all indicative of them not having a CCA to send me?

Send a new CCA request should they sell the debt?

 

As ever thanks for the advice and reassurance

[dx100uk]

Arvato are our old friends BCW

And can be safely ignore

Extremely lowlife

[Micky the Hippo]

Hello again, the debt has moved onto someone else now, Alliance something or other I think.

 

They've callled on the landline at 8:30am most days last week,

I've told them that no CCA has been sent to me and hung up so far,

are they allowed to call like that under the circumstances?

 

 

It's not like the calls are going to go anywhere after all is it.

Doesn't bother me but it ags the wife and the kids and the mother in law

 

Thanks

Micky

[martin2006]

Did you get the sar back micky?

Done the spreadsheets yet?

[Micky the Hippo]

hello all

 

apologies for my feeble updating of this thread, been on seven day weeks and rather let paperwork slide

 

I'm clearing a mountain of post and picked up something I clean forgot about at the time, it' something that came back in response to my CCA in June. They call it a 'Copy Application'.

 

It appears to be a print out of whatever I might have entered into a web application so personal details of me and my employers, it has 'Created on xx/xx/2007 and it's stamped 'SKY CARD, xx xxx 2007, SUBJECT TO CREDIT APPROVAL' and someone has written on in biro a 12 digit number. (I've xxed out some of the dats and times)

 

Does that satisfy the CCA request?

 

Sorry about me, Arvarto seemed to have moved it on to someone calling themselves Allied International Credit in late October, they call a lot and try to take me through security at which point I say I don't give personal details to cold callers.

 

I'll update on my SAR and spreadsheet as I start catching up with things

 

Thanks

Micky

[dx100uk]

Arvarto is the new name for BCW bucanon Clarke and wells, AIC is just another of their trading names.