Standingupformyself v Barclaycard 'WON'

[standingupformyself]

 

I am new to photobucket, I hope that this links ok to my application form.

[gill5blue]

It looks like an application form and would be unforceable

check in general debt forums

[noomill060]

Yeah, same thing that I got. I sent it to Trading Standards who agreed- its just an application form.

 

I did eventually get a copy of the T&Cs though, which sort of means they have complied with the CCA request, but none of the credit limits on the T&Cs atcually corespond with the credit limit they gave me, therfor unenforceable.

 

If you push them further you will get a copy of the T&Cs. When you do, check the credit lomits stated to your actual original credit limit.

 

This will be stated somewhere in the bumf you got in response to your SAR, if you told them you wanted everything held on you.

[noomill060]

Send it to TS complaining that you want them to enforce your CCA request.

[standingupformyself]

Thanks Noo.............. I appreciate your input

[gill5blue]

Surely just recieving terms and conditions is not enough?

they could send them to anybody and say YOU OWE ME

it has to say at least this a credit agreement at the top and include lots of info

[noomill060]

Youre right, just sending T&Cs or the application form is not enough.

 

You have to get both.

[standingupformyself]

They did send me a copy of terms and conditions, but it was not anything personal to me, just 2 peices of A4 paper with T & C printed on it, stapled together..

[gill5blue]

Youre right, just sending T&Cs or the application form is not enough.

 

You have to get both.

 

aaahhhh I received both??? apllication form and T&C's

[noomill060]

They did send me a copy of terms and conditions, but it was not anything personal to me, just 2 peices of A4 paper with T & C printed on it, stapled together..

 

Thats all I got, too.

[noomill060]

Have you checked what your original credit limit was- from your memory or statements?

[standingupformyself]

My original limit was £1000

[noomill060]

Ah, well thats one of the limits on the T&Cs, so that particular avenue is out of the window.

 

Go here-

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-416.html#post1052040

 

post 8309 peterbard today had a useful phone convo with Consumer direct about application forms and copies of T&Cs.

[standingupformyself]

Thank you Noo... I have looked at that post now,

I intend to write to Barclaycard on Monday giving them 14 days to produce the true copy of the CCA, (I am certain that the application form was the only form I ever signed) After that I will report them.

Meanwhile should I pay the bill I wonder. I owe this months and last months, only £57................ advice needed from anyone>>> Thank you

[standingupformyself]

Just a little update, Due to my lack of experience with the court system and my lack of money to take this to court, I have sent all my paperwork off to the FOS about 6 weeks ago, I have had a couple letters back from them, one saying that they acknowledge my letter but they are exceptionally busy and another this weekend saying that my case is not being looked into.

[standingupformyself]

When Barclaycard sent me my CCA, they didnt! It was the application form, iwth no terms and conditions, no interest rate etc etc For the time being I have ignored that fact. However, I have not paid them for the last 3/4 months. I suppose I am being bloody minded, they owe me in charges plus interest pretty much what I owe them, and it is in the hands of the FOS at present.

I have been passed on to Mercers now, who have only tried to phone twice in the last fortnight, strange for them I think.

Does anyone think I should acknowledge to them that I am fully aware they do not have a CCA for me? Should I make token gesture payments to keep them off my back?

All advice appreciated, thank you

[standingupformyself]

I need a quick bit of advice.... please...

had 2 claims against B'card. one for PPI and the other for charges. I dint fancy going through the courts and getting s stay, so back in June I sent the two seperate complaints to the FOS.

 

Last Thursday, letter arrived from B'card......Offering me PPI back, plus interest at 24.9% ( I hadnt signed for PPI, which was obvious when I received my CCA back from them..... If that's what they call it lol lol, it was just an application form!

 

Last Friday, letter arrived from FOS regarding the other claim (the one for charges) They offered me the remaining charges (they had already paid some a few months back) plus 8%

 

Anyway, I am obviously thrilled about the PPI, brilliant, case closed (well it will be, as soon as it arrives in my account)

 

The charges plus 8% I am obviously a bit disappointed about, I would have thought that if they would pay me the 24.9% on one claim then they would have done it on both??

I have to write to FOS and accept this amount, which I feel I probably should do, as it is for the whole amount of charges and I can imagine that a judge would look unfavourably on this matter if I refused it.

 

But.... do you think it is worth emailing someone at Barclaycard to see if I can get the 24.9%. I have to reply back to the FOS by 2nd November, so havent really got time to write to Barclaycard, and wait for their reply.

 

Has anyone got a suggestion for a contact, and more importantly does anyone think it is worth trying to negotiate with Barclaycard?

 

Thanks xx

[slick132]

Hi SUFM,

 

Can you please use your old thread when posting - it's easier to keep track of your claim.

 

1. PPI - That's good news - hopefully BC will credit your a/c soon with settlement.

 

2. Charges - As FOS have been involved and suggested this settlement + 8% interest, you should take it. BC will not agree to CI (at 24.9%) and I'd suggest trying to contact them and negotiate will prove fruitless.

 

If you're not happy with this, you'll have to pick up your claim from the point before you involved FOS and start over again. If you claimed CI from the start, fine - if not, you have to start with new Prelim letter then LBA, both claiming CI.

 

I'd take the offers made as they are - just my opinion.

 

Slick

[zootscoot]

Three threads merged to help you and others keep track of your claim

[standingupformyself]

Thank you for merging the threads

[standingupformyself]

Update......... I emailed the lady whose name was at the bottom of the letter from B'card and thanked her very much for the PPI plus interest, whihc I very happily accept. I also mentioned the charges plus the 8% and thanked them very much, I said I was thrilled and grateful for their offer of refunding the balance of the charges back, but is it possible she could reconsider the offer of 8% as they had offered me the 24.9% on the PPI and I was hoping for the same.! I thought it was worth a go.

 

A week later I had a phone call from the same lady, she was very pleasant and has promised to credit my account with the PPI and interest, and she apologised that she hadnt already done it, it had been an oversight. She then said she had ordered the statements for my account, which should be with her in the next couple of days, and has promised to review the charges and interest ???? That's better than an outright no I thought!

 

So, hopefully I should be hearing back from her in a day or two. I will keep you posted.

[standingupformyself]

well well well........................................................................I did it! after emailing the spreadsheet earlier in the week, I didn't hear a thing until five minutes ago.... I got a phone call agreeing to the higher rate of interest (not sure if it is 24.9 or 27.9, but don't care!) and everything is sorted!!

Debt gone, account closed and balance is on its way to me as we speak, via bank transfer.....

and it's my birthday next week........................................so happy!!!!!!!!!

[noomill060]

Thats great news!

 

Very well done.

[slick132]

Hi SUFM,

 

Well done on your victory - let us know when the balance shows up and, if you can make a site donation, it'll help others.

 

 

Slick

[standingupformyself]

yep, certainly will x