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Hi All,
I have had a Barclaycard account since 1994.
In 2012 I requested all data held by them via a SAR (DPA 1998), in the hope that I would be able to make a claim for penalty charges to reduce a rather large outstanding balance of £7.9K!
After eventually getting some data, (please note I was only given data going back to 2001 and that was only after I took them to court for breech of the DPA) I was able to establish that they would owe me around £2k after clearing the £7.9k.
However, there response to my initial letter was to state that they believed their charges were in line with the OFT ruling of £12 and that any charges older than 6 years and over £12 would not be considered due to the Limitation Act (1980).
I wrote to them again in 2014 asking for a copy of the executed agreement. to which they responded by sending me a reconstituted set of T&C's for the 1994 agreement and a set of T&C's as varied.
I questioned this response with them several times throughout early 2015, to which they always responded with 'they had fulfilled there obligations under the CCA 1974'. Eventually, I stopped making payments to them in May 2015, as it was my understanding that the account was in dispute.
In June 2015 Barclaycard sent me a letter stating that they were going to be selling the account on to PRA Group (UK) Limited. I wrote back to Barclaycard and advised them that the account was still in dispute, their response was that they did not believe the account was in dispute.
In September 2015 I received further correspondence from Barclaycard stating that they had sold the account on to PRA Group (UK) Limited, I also got in the same envelope an introduction letter from the PRA Group.
The fact is, I can remember signing an application form at a Barclays branch close to the university I was attending at the time, I do not recall ever signing an agreement or seeing any T&C's until recently.
I suppose my questions are:
1. Should I take them to court for the Penalty Charges?
2. What type of agreement should they have supplied?
3. Should I explore the possibility that they have breeched the CCA 1974 and take them to court for that also?
Any guidance will be appreciated....BP
I have had a Barclaycard account since 1994.
In 2012 I requested all data held by them via a SAR (DPA 1998), in the hope that I would be able to make a claim for penalty charges to reduce a rather large outstanding balance of £7.9K!
After eventually getting some data, (please note I was only given data going back to 2001 and that was only after I took them to court for breech of the DPA) I was able to establish that they would owe me around £2k after clearing the £7.9k.
However, there response to my initial letter was to state that they believed their charges were in line with the OFT ruling of £12 and that any charges older than 6 years and over £12 would not be considered due to the Limitation Act (1980).
I wrote to them again in 2014 asking for a copy of the executed agreement. to which they responded by sending me a reconstituted set of T&C's for the 1994 agreement and a set of T&C's as varied.
I questioned this response with them several times throughout early 2015, to which they always responded with 'they had fulfilled there obligations under the CCA 1974'. Eventually, I stopped making payments to them in May 2015, as it was my understanding that the account was in dispute.
In June 2015 Barclaycard sent me a letter stating that they were going to be selling the account on to PRA Group (UK) Limited. I wrote back to Barclaycard and advised them that the account was still in dispute, their response was that they did not believe the account was in dispute.
In September 2015 I received further correspondence from Barclaycard stating that they had sold the account on to PRA Group (UK) Limited, I also got in the same envelope an introduction letter from the PRA Group.
The fact is, I can remember signing an application form at a Barclays branch close to the university I was attending at the time, I do not recall ever signing an agreement or seeing any T&C's until recently.
I suppose my questions are:
1. Should I take them to court for the Penalty Charges?
2. What type of agreement should they have supplied?
3. Should I explore the possibility that they have breeched the CCA 1974 and take them to court for that also?
Any guidance will be appreciated....BP
