Cca B/cards Response On T@c's Advice Needed

[russt2000]

hI , i sent a CCA request to Barclycard , been in a DMP for a while{30 months} and they have ignored all my correspondance from payplan about my situation, both financial and healthwise ,im currently on incapacity benefit ,and they're harrassment has been really affecting me , I 've sent letters of complaints to no avail .So one of the things I did was to send them a CCA request, they have responded by send a two page trems and conditions , nothing else at all , no names ,account details, nothing!
so :
What is my best course of action now? could really do with some advice.

thanks
russ

[Glenn UK]

Re: Cca B/cards Response On T@c's Advice Needed

Are you saying you have been paying b/card on a dmp via payplan and they b/card have been ignoring correspondence from PP ?

Of is the b/card outside of the dmp?

I am surprised that B/card would ignore a dmp set up wthrough payplan as thats part of what payplan do, ie liaise with yourt creditors and agree terms.

Glenn

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

yes, youd think so , but they have religously ignored my case worker from payplan, they've ignored countless communications from them, and myself, just carried on as if they know nothing of my situation, { off work with severe depresson on incapacity benefit}I have a few creditors, all bar two have abided by the law and the guidelines and fully accepted my DMP with payplan . except this bunch of cowboys and Lloyds tsb. keep trying the same old rubbish ,with different DCA's. If Barclaycards action surprises you then you should look around at different sites, they are terrible !! as are Lloyds. They have been mucking me about so, now I am going to do my utmost to give them grief !!

[Curlyben]

Re: Cca B/cards Response On T@c's Advice Needed

Been there with old Sharkley

I'd have a chat with your payplan case worker and suggest you leave these "nice people" out to dry.
After all if they can't be bothered to comply with a simple piece of consumer law then, well, ---- ----. Just fill in the blanks..

So what's LTSB been up to, more of the same ?

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

hi ,yes exactly , refuse to acknowledge my situation and keep passing it again to differing DCA's, ,sent them a CCA aswell ,been trying to keep up with my debts since we got into trouble , been paying up to 500 a month when I was working , but since my problem and losing my job , we have had to go to token payments only, with the full intention of increasing when I get sorted out and hopefully find work, Ihave no intention of bothering the creditors who have been really good with us , but I am at my wits end with these two and if there is a legal way of getting rid of them , due to thier own bad housekeeping bu not having a fully executed agreement, then rats to them, , they have had the cheek to send a photo copy of terms and conditions , no other forms no application form even ,its rediculous ,so I am looking for the best letter to carry this on.

[Curlyben]

Re: Cca B/cards Response On T@c's Advice Needed

This should prove useful then: Consumer Credit Agreements - A Guide - Legal Beagles

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

hi , well thats brilliant ,just subscribed so I can read it all fully later, thanks very much ,good of you to take the time to respond. I was unsure of my next step ,but now your post will really help.

cheers
russ

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

hi , wondered if any would give advice on the compliance of these t/c's they are all barclaycard sent in answer to my cca request.


Barclaycard Condition

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barel

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Credit Card Agreement regulated by the Co~sumer Credit
These are the terms and conditions of an agreement between us (Barclays Bank PlC. Barclaycard Centee. Nort1ampron NN4 7SG) and you. the person who Signed the agreement (os named on the covering letter).

In Condition 1 we have set out some special meanings we have given to words In the agreerTent.

KEY FINANCIAL INFORMATION

AMOUNT OF
We will tell you your credit limit when you first receive your Barclaycard.
CREDIT
We may change your credit limit depending on our assessment of your
account and will tell you about these changes by writing to you.
We may restrict your cash limit (your maximum Cash Balance) to a
percentage of your credit limit If we do thiS we will tell you what your
cash limit IS at that time.
MONTHLY
You must make the minimum payment every month of 2.50% of the
REPAYMENTS
amount you owe us on your monthly statement or £5.00. whichever IS
more or the entire amount If less than £5.00. You must pay the
minimum payment by the due date shown on your statement. ThiS will
be at least 20 days after your statement date.
APR
Not applicable see below
OTHER FINANCIAL INFORMATION

ANNUAL INTEREST RATES (VARIABLE)

PROMOTIONAL ANNUAL INTEREST
RATE

CHARGING INTEREST

ALLOCATION OF PAYMENTS

Standard Rate 0.00% p.a. on the Standard Balance

I

Cash Rate 0.00% p.a. on the Cas" Balance

We may from time to time make available Promotional Balances on which a lower rate Will be charged. If we do. we Will notify you of the applicable rate before you make the transaction.
The current rates that apply to any Promotional Balance Will be shown on your monthly statement.
We Will transfer Promotional Balances to the Standard Balance or Cash Balance (as relevant) at the end of the promotional period and also If you break thiS agreement. See condition 1.2 for more Information.

We Will not charge Interest on purchases added to your Standard Balance since your last statement If you pay your current statement balance In full by your payment due date. If you do not do so, we will charge interest on the amount of each purchase from the date of the purchase until the balance IS repaid In full. ThiS may result In an Interest charge appearing on your statement even though you have paid your balance ,n full. We Will not charge any Interest on a Default Charge for 28 days starting from the date that we give you notice that the Default Charge has been charged to your account.
We always charge Interest on all other amounts from the date they are added to your account even If you repay your balance In full by the payment due date. We add all Interest to your account on the date of your statement each month. ThiS means that you will generally pay Interest on interest. However, we will only charge simple interest on Default Charges. Interest IS calculated on a daily baSIS. If any Interest IS payable on your account we Will charge a minimum of £ 1.00.

If you do not pay the total outstanding balance ,n full by the payment due date. we Will apply the amount you do pay to reduce what you owe us In the follOWing order:
·Default Charges and Interest on Default Charges:
·Promotional Balances. ThiS Includes Interest and fees on Promotional
Balances:
'Any other Interest charges and other charges made under thiS agreement;
·The Standard Balance: 'The Cash Balance.
If you have more than one Promotional Balance they Will normally be repaid In the follOWing order:
'Transferred balances before promotional purchases:
·Then open ended offers before fixed period offers:
·Then lower rate before higher rate offers:
·Then oldest offer before newer offers.

CHANGES TO
The APR shown above does not take Into account any changes we
THE APR
may make to the Interest rates at any time by adVISing you under
condition 8.
TOTAL
Not applicable see belOW
CHARGE FOR
CREDIT
KEY INFORMATION

DEFAULT
We will charge you for any reasonable costs or losses we Incur If you
CHARGES
break thiS agreement. Including the follOWing charges:
• £ 12.00 If you do not make at least your minimum payment by the
payment due date:
• £ 12.00 if you exceed your credit limit at any time:
• £ 12.00 if a drrect debit, cheque or other Item IS not paid when first
presented.
CHARGES
We will charge you:
• £5.00 for each copy of transaction details (unless the copy shows a
transaction which has been wrongly put on your account); and
• £3.00 for each copy of a statement.
A 2.75% foreign exchange fee IS charged on the value of non-sterling
transactions. See condition 2.7 for more details.
We Will usually charge a handling fee on balance transfers and all
Items charged to the Cash Balance on your account by you or any
additional cardholder. Unless we tell you otherWISe thiS Will be 2.50%
(minimum £2.50).
MISSINC PAYMENTS
MISSing payments cou,d have severe consequences and make obtaining credit more difficult.

IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RICHTS The Consumer Credit Act 1974 lays down certain requllements for your protection which should have been compiled With when thiS agreement was made. If they were not, we cannot enforce thIS agreement Without getting a court order.
The Act also gives you a number of lights:
1)You can settle thiS agreement at anytime by giving notice In wilting and paYing off the amount you owe under the agreement.
2)If you received unsatisfactory goods or services paid for under this agreement. apart from any bought With a cash loan. you may have a right to sue the supplier. us or both.
3)If the contract IS not fulfilled. perhaps because the supplier has gone out of bUSiness. you may stili be able to sue us.
If you would like to know more about your rights under the Act. contact either your loeai Trading Standards Department or your nearest Citizens' Advice Bureau.

THEFT. lOSS OR MISUSE OF BARClAYCARD
If your Barclaycard IS lost. stolen or misused by someone Without your permISSion, you may have to pay up to £0 of any loss to us. If It IS misused With your permiSSion you Will probably be liable for All losses. You Will not be liable to us for losses which take place after you have told us about the theft, etc.

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Please note the APR and Total Charge for Credit are both statutory Information that we are reqUired to Include when you enter Into the agreement. They are based on assumptions we have to make at that time and are not relevant to you after the agreement has been entered Into so have been left blank. If an annual fee applies. that Will have been Included ,n the Total Charge for Credit box as that will continue to apply to your account.

iiiiiiiiiiiiiii
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Terms and conditions continued on next page

and reverse side
,,",VIII.lI LIVII;:>





1.2
2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9 2.10
2.11
3. 3.1
3.2
4. 4.1
4.2
5. 5.1
52
6.
6.1
6.2
3';.K::L,;YCAKU bALANCES AND PAYMENTS
.:.. ~:: -' -:5 a::JE:: t: yC .... ' 2CCO\...ir;~ \1'/111 be ailocated to one of the following :JJ;ances:
::ash Balance: for cash withdrawals, the purchase of currency, travellers' cheques or Barclaycard cheques (and Interest and charges on those amounts).
Promotional Balance: for transactions with promotonal terms which we will tell you before you make the t'ansactlon (Including promotional cheques).
Standard Balance: for purchases, balance transfers from other credit cards. store cards. loans or other accounts and all other amounts, which are not subject to promotional terms.
At the end of thell promotional periods, Promotional BalanCES Will be transferred to the Standard Balance and the standard rate will apply unless they relate to cash transactions In which case they will be transferred to the ::ash Balance and t~e cash rate Will apply. We Will also apply the standard rate (or cash rate If applicable) to Promotional Balances before the end of their promotional periods If you do not make at least your minimum payment by the payment due date or If you exceed your credit limit at any time.
HOW CAN YOU USE THE ACCOUNT, CARD AND BARCLAYCARD CHEQUES?
You can ask us to Issue an additional card to any person you nominate as long as they are eligible for a card.
We may from time to time allow additional cardholders to use cheques on your account If we do allow this we will notify you when we send you the cheques. You are responsible for all use of your account by an additional cardholder. even If they do something which makes you break this agreement. You must ensure that the additional cardholder uses the card (and cheques If applicable) according to the terms of this agreement
If you want to cancel any additional card, you are responsible for returning the card to us.
You must not exceed either your overall credit limit or your cash limit. We may refuse any transaction If we reasonably conSider that It could result In you exceeding either your credit limit or your cash limit.
If we authorise a transaction and you exceed your credit limit or your cash limit as a result this does not mean that we have agreed to an Increase In the relevant limit.
When considering whether YOL might exceed your cred,t 11m t (or your cash limit) as a result of a transaction we may take Into account amounts that have not yet been added to your account balance such as prospective transactions that we have authorised or Interest. fees or charges that you might Incur.
If you use your card for non-sterling transactions we convert the transaction to sterling on the day It IS added to your account at a wholesale exchange rate set by the payment scheme proVider. This may not be the same as the exchange rate on the date of the transaction. We also charge a foreign exchange fee which IS listed under Charges.
Barclaycard cheques can only be used for making sterling transactions and cannot be used to make payments to us.
The card may not be used for any illegal purpose.
Cards and unused Barclaycard cheques belong to us. If we ask, you and any additional cardholder must not use them and you must return them to us. If we ask you to return the card, or If we believe the card IS being misused we may put a stop on It, or ask others to hold onto It for us.
We may send you another card, including one which you then qualify for, as a replacement for your eXisting card or as an additional card on your account.
The card that we send you may have a different account number, different branding or be part of a different card acceptance scheme. The terms that apply to the new card Will be the same or better than your eXisting terms. We Will tell you about any changes to the terms under condition 8.3.
WHEN MUST YOU MAKE PAYMENTS TO US?
You must make all payments by the payment due date. To help you to do this. your monthly statement Will tell you how to make payments to reach us on time. Where we become aware that your monthly payment was received before the payment due date but credited to your account after this date because of an error by us we Will either refund or not charge the late payment fee.
If we offer you a payment holiday you Will not need to make any minimum ;:Jyments dur:ng thJt period. You v,ii!! sti!1 be charg'?s :ntere::.t on your J,:Cc)Llnt.
HOW CAN YOU KEEP TRACK OF YOUR SPENDING?
We Will normally send you, or make available to you electronically, a monthly statement shOWing your payments and all the amounts we have put on your account since your last statement. You must tell us If your statement Includes something you think IS wrong.
If for some reason we cannot produce or send a statement. we Will use your normal monthly statement date to work out any Interest on your account and what your next payment date will be.
WHAT MUST YOU DO TO PROTECT YOUR CARD AND YOUR DETAILS? You must:
keep the card (Including the card details) and Barclaycard cheques safe and not allow anyone else to use them; and
learn your PIN and other security ,nformation and keep them secret at all times. never write the PIN on the card or on anything usually kept With It or write down or record the PIN or other security rnformatlon Without first disgUISing It and destroy the letter With your PIN stra'ghtaway.
You must only reveal the card number to make a transaction, to report the loss or theft of the card or If we allow you to do so.
WHAT HAPPENS IF YOUR CARD, CARD DETAILS AND PIN ARE LOST OR STOLEN?
You must teli us as soon as possible uSing the contac~ details In condltlo~ 11.1 your card or Barclaycard cheques are lost or stolen. If YOu think that they "1ay be misused or that someone else may kno'y\l the PIN, if you later find them you must cut them In half and retLrn them to us.
You must give us all the Information you have about the loss. ~heft or misuse. We may give the police any Information vve think Will be useful.
6.3 YOu not be res::.c""S::: E .::' ~'2-sa::~!:::""5 f tne =2~:1IS .,st or stoler, or
misused before you receive I'L, but you must teii us as soon as you become aware. If someone uses a card and got It With either your. or an additional cardholder's. permiSSion, you may be liable for all the transactions which take place before you tell us that It may be misused. You Will not be liable for any transactions where you or an additional cardholder have not given permission for someone else to use the card.
7. WHAT ABOUT REFUNDS AND CLAIMS AGAINST US?
7.1 We Will only give you a refund on your account for a transaction If the retailer
asks us to. You cannot use a claim you may have agarnst someone else to make a claim against us, or refuse to pay us. unless you have a legal right to do so. You cannot transfer any rights against us to anyone else.
8. COULD THE TERMS OF THIS AGREEMENT CHANGE?
8.1 We may change the terms of thIS agreement and we will tell you about any
changes that we make. For example, we may make changes that are personal to you based on changes In your credit risk or general changes to take account of: market cond,trons; changes In the cost of proViding thiS service to you: changes or predicted changes In legal or other requirements affecting us; any system or product development.
8.2 We may Introduce a charge for any service provided under or in connection with
thiS agreement.
8.3 We will tell you about any changes by advertiSing them In the press, putting
messages In your monthly statement, sending you a separate written notice or e-mail, or making them available at an electronic address. Most changes will happen at least 30 days after we tell you about them so you will have plenty of notice.
9. HOW CAN THIS AGREEMENT BE ENDED?
9.1 Either of us can end the agreement by giving written notice to the other. Unless
there are exceptional CIrcumstances, we will give you 30 days' notice before we end thiS agreement. You must return all cards and unused cheques to us and cancel any Instructions you have given to others to charge transactions to your account. You must make oil payments due and thiS agreement will continue until all amounts you owe have been paid Including amounts added to your account after the notice to end the agreement.
9.2 We may require you to repay Immediately all amounts you owe us under this
agreement if you break thiS agreement regularly or seriously, die or become bankrupt or are likely to become bankrupt. but we Will follow any legal requirements before we do so.
9.3 Interest Will continue to be charged on all outstanding balances on your account
until payment or any Judgement against you.
10. GENERAL
10.1 If we know of. suspect or Wish to prevent misuse of the card or we conSider It
necessary as a matter of responSible lending we may, Without telling you first: refuse to approve a transaction;
cancel or suspend your right or an additional cardholder's right to use the card for any or all purposes;
refuse to replace any card.
Misuse of the card Includes any fraudulent or Illegal actiVity, breach of these conditions. or an act or omiSSion which causes an Infringement of the rules of a payment scheme.
ThiS agreement Will continue even If we do any of these things and we Will not be responSible or Incur any liability for any loss or damage you suffer as a result.
10.2 We will not be liable to you for failures caused by any machine failing to work
and Industrial disputes or other events that we cannot reasonably control.
10.3 You must tell us as soon as pOSSIble If there IS a change to your name, postal
address. e-mail address or telephone numbers and If any of these details change for an additional cardholder.
10.4 You must have a UK reSidential address. If you are temporarily located overseas,
you must also Inform us of your overseas address.
10.5 We may transfer to any other person any or all of our rights and dutres under
thiS agreement at any time (Including, Without limitation, our duty to lend to you). We may do thiS Without telling you. Your rights under thiS agreement and your legal rights (Including those under the Consumer Credit Act 1974) Will not be affected.
1 n.6 There r"ay be other taxes and costs. which are not palri through us or charged
by us. that you have to pay In connection With thiS agreement.
10.7 The terms of thiS agreement, and our dealings With you With a view to entering
Into thiS agreement, are governed by English law and subject to the exclusive JUriSdiction of the English courts. We will only communicate With you In English.
11. HOW CAN YOU CONTACT US?
11.1 You can contact us for adVice or With queries via our webSite at
www.barclaycard.co.uk, call us on 0844 811 9111, write to us at the address below or VISit a Barclays branch. If your card. card details or PIN are lost or stolen, call us on 01604 230230 or write to us at Barclays Bank Pic, Northampton, NN4 7SC.
11.2 If you have any question relating to your account Including any difficulty With
your payments, call Customer Services. If we ask, you must write to us within seven days to confirm your call.
ABOUT US
Barclays Bank PlC IS covered by the 'Inanclal Ombudsman Service (UK branches only).
If you have a complaint. please write to us at Barclaycard, Customer Relations Department. 1234 Pavilion Drive. Northampton NN4 7SC or call us on 0844811 9111.lf we do not resolve :lour complaint :nternally to your satisfaction, you may be able to refer ,t to the FinanCial Ombudsman Se,vlce at South Quay Plaza. 183 Marsh Wall. london
E 14 95R
Ne proVide credit products to consumers and are licensed for thiS and related purposes
by the Office of 'arr TraCing number OCS 1 We are also authOrised by the
e'conclal Services AuthOrity number are members of the British
Ba'kers A.ssoClotlor: and to the Banking Barclays Bank PLC IS a
company regIStered With the Regstrar of Companies for England and Wales. ::ompany No 1026167. Registered Offrce, 1 Churchill Place. london E 14 SHP.


sorry about the formatting

thank you
russ

[Curlyben]

Re: Cca B/cards Response On T@c's Advice Needed

Sorry Rust, but an actual scan of the paperwork is more helpful.

I see you have tried at IMG them, given the attachment paperclip on clicking G oAdvanved a go

If these are simply the attached T&C's without any of your personal details or signature then they are complete cobblers

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

I got your pm and have emailed them to you so hopefully you'll see them properly.

I was hoping as that is all they sent apart from a nice letter saying that they have now fully complied with my CCA request, it would turn out be just a standard fob off

So if you as you say this is bunkum then great , I'm itching to send them your next letter from your very helpful thread!!

cheers
russ

[Curlyben]

Re: Cca B/cards Response On T@c's Advice Needed

Total Bovine Excrement as ever from Sharkly.

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

Thats great , going to get your next letter from your thread off to them ,their first 12 plus 2 is up on the 25th, be interested what they will send then.

Thanks again for helping out , let you know how things proceed .

russ

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

hi, a bit of an update , re the details {t'c's} from barclaycard in response to my cca, it has been pointed out to me that they have actually supplied the terms and conditions for 3 years after Itook my agreement out!

So I am hoping that this will aid my case against them.

Do I point this out to them, or just keep in case they go to court?

any comments / advice greatly received.

russ

[Curlyben]

Re: Cca B/cards Response On T@c's Advice Needed

All good TP's keep it for later use, if needed.

[russt2000]

Re: Cca B/cards Response On T@c's Advice Needed

Hi Curly ,
well they defaulted as of today, so just waiting now to their response from my version of your account in dispute letter. { they recieved it today} Should say that the {photocopy they sent first , when I checked is a 2001/2002} so they got it wrong twice.

going to check out your third letter in preperation for the bullpoo I expect back .
keep you posted

cheers again
russ