Tweet
Hello everyone - new to this forum but my Barclaycard problem has now celebrated it's first birthday.
I'll try and keep it short - I don't want folks falling over comatose Beagles!
Back in August 08 I realised my B/C had gone over it's limit - odd as I'd been paying over the min payment and hadn't used it for over 12 months - turns out to be PPI which I was sure I had cancelled the previous year - thus the saga begins:
September 08 cancelled PPI again and requested CCA
October - sent SAR - still being charged PPI so cancelled it again - received a set of T & C'S
November put card in dispute - no CCA - still being charged PPI so cancelled it AGAIN -paid enough to clear over limit and following months interest. Received letter from B/C denying I'd cancelled PPI, a different set of T & C's and statements for 2003 and 2007-2008
December - still being charged PPI so cancelled it once more - Placed account in serious dispute and told them December's would be the last payment until they complied with my CCA request. I sent CPR 31.16 request for SAR info and CCA
January 09 -PPI still being taken cancelled it again - send LBA received yet another set of T & C's
February gave up on cancelling PPI, requesting statements and CCA from SAR and issued a claim. Received data printouts from B/C for 2 accounts???????
March - B/Card stopped sending statements maybe they got fed up with me cancelling PPI
April - Finally received illegible microfiche copy of application form from 2003 and all statements from when account opened in 2003 to October 08.
May - received letter 1 from B/C saying PPI was Miss-sold offering full refund + 8% interest - refused not enough interest. Letter 2 offering refund of charges +8% - offer refused not enough interest. DN from Mercer's for 2 x min payments as per statements and £70 to bring back to credit limit - asked them What statements? - and told them to go forth and multiply
June - offer of further charges refund + 8% - refused not enough interest
September - received letter from First Credit Management 7 - day demand of what appears to be full balance of account. - Told them to go join Mercers
That's the background taken care of.
The problem started when I had my card stolen in Feb 07 - I reported this to B/C and at the same time cancelled the PPI. - all logged on B/C's data printouts - seems then that B/C lost the plot.
They should have sent a new card with a different number as they had done previously when cards were lost/stolen in the post but they didn't, they closed the account and transferred the balance to a new account which was set up using out of date info from the 2003 application form - hence 2 accounts - they then re-instated the PPI.
From the info I have received it seems that in October 07 the account first went over the credit limit and and was still over when I discovered this in August 08. - Now I can appreciate you all saying what kind of an idiot doesn't look at her card statements for 12 months - well it's the kind of idiot that puts the card in a safe place and thinks I'll fire money at the debt to bring it down and if I don't know how much spare credit I've got I won't be tempted to go out and buy that rather nice but incredibly expensive pair of shoes -
In December I checked my credit file with Experian to find B/C have been reporting the over limit status since Oct 07.
I have been writing to B/Card since April 09 when I finally got all my info, asking them for a refund of all the unauthorised PPI payments the over credit limit charges and the contractual interest i.e. full restitution of everything they've taken from me with their unauthorised debits. I requested that they correct the entries on my credit file as the credit limit would never have been exceeded if they had cancelled the PPI on the initial instruction back in 07. I've also pointed out that they don't have a credit agreement for this account, just an illegible application form for the account opened in 2003 and closed by them in 2007- so please can they show me where I have agreed for them to share my Data for this account.
In October they finally wrote to me confirming my old account had been "blocked" and "a new account number had been issued" - methinks that they think if they say it this way it's OK and the CCA doesn't apply! They reduced their offer of PPI forgetting they have already admitted it's been miss-sold, offered some more charges all +8% interest advising me this will reduce the balance of my account with FCM - eh? what account. They refused to amend my credit file.
Still with me?
Where do I go from here? - Ultimately I want them to remove the advers DATA from my credit file.
Should I continue to chase full restitution for PPI and charges to reduce the balance of an account that has no credit agreement.
Should I try the ICO FOS and OFT routes which I've left so far as they take so long. I assume I would have to get OFT to agree there is no agreement before ICO agreed that they're processing my DATA unlawfully.
OR
Should I go down the Court route ? Can I have a non-existant credit agreement declared unenforceable (S127?) and what are the chances of the court enforcing B/C to remove their information from my credit file?
When I checked in October 08 B/C have registered 6+ missed payments on my file and there's 1 unrecorded search in May. - Theirs is the only blot on a good credit file - I was refused credit back in March 09 because of it.
I spoke to a solicitor about this - but when they told me their fees I figured their offices must be in Cloud Cuckooland next door to Barclaycard.
If you haven't glazed over by now I'd appreciate a few suggestions.
cheers
Dizzy
I'll try and keep it short - I don't want folks falling over comatose Beagles!
Back in August 08 I realised my B/C had gone over it's limit - odd as I'd been paying over the min payment and hadn't used it for over 12 months - turns out to be PPI which I was sure I had cancelled the previous year - thus the saga begins:
September 08 cancelled PPI again and requested CCA
October - sent SAR - still being charged PPI so cancelled it again - received a set of T & C'S
November put card in dispute - no CCA - still being charged PPI so cancelled it AGAIN -paid enough to clear over limit and following months interest. Received letter from B/C denying I'd cancelled PPI, a different set of T & C's and statements for 2003 and 2007-2008
December - still being charged PPI so cancelled it once more - Placed account in serious dispute and told them December's would be the last payment until they complied with my CCA request. I sent CPR 31.16 request for SAR info and CCA
January 09 -PPI still being taken cancelled it again - send LBA received yet another set of T & C's
February gave up on cancelling PPI, requesting statements and CCA from SAR and issued a claim. Received data printouts from B/C for 2 accounts???????
March - B/Card stopped sending statements maybe they got fed up with me cancelling PPI
April - Finally received illegible microfiche copy of application form from 2003 and all statements from when account opened in 2003 to October 08.
May - received letter 1 from B/C saying PPI was Miss-sold offering full refund + 8% interest - refused not enough interest. Letter 2 offering refund of charges +8% - offer refused not enough interest. DN from Mercer's for 2 x min payments as per statements and £70 to bring back to credit limit - asked them What statements? - and told them to go forth and multiply
June - offer of further charges refund + 8% - refused not enough interest
September - received letter from First Credit Management 7 - day demand of what appears to be full balance of account. - Told them to go join Mercers
That's the background taken care of.
The problem started when I had my card stolen in Feb 07 - I reported this to B/C and at the same time cancelled the PPI. - all logged on B/C's data printouts - seems then that B/C lost the plot.
They should have sent a new card with a different number as they had done previously when cards were lost/stolen in the post but they didn't, they closed the account and transferred the balance to a new account which was set up using out of date info from the 2003 application form - hence 2 accounts - they then re-instated the PPI.
From the info I have received it seems that in October 07 the account first went over the credit limit and and was still over when I discovered this in August 08. - Now I can appreciate you all saying what kind of an idiot doesn't look at her card statements for 12 months - well it's the kind of idiot that puts the card in a safe place and thinks I'll fire money at the debt to bring it down and if I don't know how much spare credit I've got I won't be tempted to go out and buy that rather nice but incredibly expensive pair of shoes -
In December I checked my credit file with Experian to find B/C have been reporting the over limit status since Oct 07.
I have been writing to B/Card since April 09 when I finally got all my info, asking them for a refund of all the unauthorised PPI payments the over credit limit charges and the contractual interest i.e. full restitution of everything they've taken from me with their unauthorised debits. I requested that they correct the entries on my credit file as the credit limit would never have been exceeded if they had cancelled the PPI on the initial instruction back in 07. I've also pointed out that they don't have a credit agreement for this account, just an illegible application form for the account opened in 2003 and closed by them in 2007- so please can they show me where I have agreed for them to share my Data for this account.
In October they finally wrote to me confirming my old account had been "blocked" and "a new account number had been issued" - methinks that they think if they say it this way it's OK and the CCA doesn't apply! They reduced their offer of PPI forgetting they have already admitted it's been miss-sold, offered some more charges all +8% interest advising me this will reduce the balance of my account with FCM - eh? what account. They refused to amend my credit file.
Still with me?
Where do I go from here? - Ultimately I want them to remove the advers DATA from my credit file.
Should I continue to chase full restitution for PPI and charges to reduce the balance of an account that has no credit agreement.
Should I try the ICO FOS and OFT routes which I've left so far as they take so long. I assume I would have to get OFT to agree there is no agreement before ICO agreed that they're processing my DATA unlawfully.
OR
Should I go down the Court route ? Can I have a non-existant credit agreement declared unenforceable (S127?) and what are the chances of the court enforcing B/C to remove their information from my credit file?
When I checked in October 08 B/C have registered 6+ missed payments on my file and there's 1 unrecorded search in May. - Theirs is the only blot on a good credit file - I was refused credit back in March 09 because of it.
I spoke to a solicitor about this - but when they told me their fees I figured their offices must be in Cloud Cuckooland next door to Barclaycard.
If you haven't glazed over by now I'd appreciate a few suggestions.
cheers
Dizzy
Sounds like you have had a right palava with Barclaycard. I can completely understand not looking at statements to avoid temptation, have done the same myself in the past. I think next time you'd just cut up the card and keep a very close eye on the statements.
Comment