Debt Star vs Sharklaycard

[middenmess]

Re: Debt Star vs Sharklaycard

IMO
The application appears to be a postal application form--'please tear here' and by itself is unlikely to be enforceable as it was a one sided jobby with only BC's postal address on the reverse.

If those T & C's were those that applied to your particular account/agreement/application I would have expected the reference numbers to all to be the same.

If that's your real name on the bar code label I'd advise removing it.

What year was the account opened?

[Angry Cat]

Re: Debt Star vs Sharklaycard

Debt Star, you should also remove the barcode...!

I note that PPI was taken out?

The T&C's appear to be 1999.
But, are they the correct issue Terms?

The application form states:
"...sign it only if you want to be legally bound by its terms."
However, the application form makes no mention of where the "Terms" were to be found!

[The Debt Star]

Re: Debt Star vs Sharklaycard

What year was the account opened?

2000
------------------------------- merged -------------------------------

I note that PPI was taken out?

Appears to have been yes! But BC have REFUSED to let me have statements going back more than 6 years so I can't quantify it. I have put in a PPI claim now anyway.

The T&C's appear to be 1999.
But, are they the correct issue Terms?

Yes, 1999 but presumably current at the time. They are illegible. BC denies this.

The application form states:
"...sign it only if you want to be legally bound by its terms."
However, the application form makes no mention of where the "Terms" were to be found!

I got both these documents from the SAR not from the CCA.

[Angry Cat]

Re: Debt Star vs Sharklaycard

2000
------------------------------- merged -------------------------------


Appears to have been yes! But BC have REFUSED to let me have statements going back more than 6 years so I can't quantify it. I have put in a PPI claim now anyway.



Yes, 1999 but presumably current at the time. They are illegible. BC denies this.



I got both these documents from the SAR not from the CCA.

So, how do they get round the Money Laundering Regs if they don't keep account information going back farther than 6 years?
That is rubbish; put some pressure on them, because they do retain account information.

You also need to obtain all information re: the PPI; original policy and terms of same.

[middenmess]

Re: Debt Star vs Sharklaycard

Might be useful ........

Barclaycard Microfiche - they are wrong - OFFICIAL

[The Debt Star]

Re: Debt Star vs Sharklaycard

So, how do they get round the Money Laundering Regs if they don't keep account information going back farther than 6 years?
That is rubbish; put some pressure on them, because they do retain account information.

You also need to obtain all information re: the PPI; original policy and terms of same.

BC just do what they want man. You have no idea what hell they have put me thru to get information and the lies and deceit and dirty tricks BC employ to cover themselves. They are the lowest of the low. For example, they say they enclosed a reconstructed CCA but did not enclose it. They then refuse to send it saying I've already rceived it. Clearly there is no CCA and they can't reconstruct one either because its a postal app. They then ignore my claim for charges. Just ignore it. Letters are sent recorded and were delivered but they won't respond. So I have the FOS looking into it but the FOS adjudicator is hostile and is already setting stall for declining my claim (I had a letter from him saying that alghtough BC should have sent statements and exccess notices to the correct address, its really MY fault because I should have noticed I wasn't receiving them and asked what was going on. So their statutory obligations are meaningless.

With the PPI I will send a further letter as you suggest requesting this data but I know darn well they won't deliver it.

Another dirty trick barclaycard has played is referring a Barclaycard Master Loan I have to a DCA without sending me a DN, notice of assignment etc. They have done that to punish me for complaining about this credit card fiasco. Again, another complaint fired off to the FOS as the said DCA is also ignoring my Prove It letter.

They really are the pits.

[The Debt Star]

Re: Debt Star vs Sharklaycard

I have just taken a fairly horrioble call from the FOS. As I say, the adjudicator is very unsympathetic.

He stated that the FOS are not interested in the fact that BC should have sent statements and excess notices to the correct address. Despite being notified they sent letters and statements to the wrong address.

The FOS also said that they are not interested in BC denying a dispute. They are equally uninterested in the absence of a credit agreement. The fact that I have been getting charges and interest etc during the dispute is not a cause for dispute either.

This is because as far as the FOS is concerned I would appear not to have been reliant on receiving statements and excess notice 'prompts' to make payments. As I was clearly making them by various means despite not getting the statments for a goodly time. So when collections broke down I should have known, irrespective of whether BC were corresponding with me. This, again, concerning an organsiation that lied about sending me a recon CCA and ignored my claims for unlawful charges.

I am sooooo frustrated and angry about this. The FOS man just twists and turns everything I say.

Perhaps it is a duff claim against BC?

[Amethyst]

Re: Debt Star vs Sharklaycard

FOS arent interested in CCA issues full stop.

[middenmess]

Re: Debt Star vs Sharklaycard

FOS arent interested in CCA issues full stop.

Could you have summed their stance up a little more succinctly as I was fair worn out reading all the way through that!:santa2:

[The Debt Star]

Re: Debt Star vs Sharklaycard

FOS arent interested in CCA issues full stop.

Its not just a complaint about the absence of a CCA though. I have complained about BC's failure to respond to a claim for charges; not sending statements to the correct address and adverse credit file entries that shouldn't be there (for missing payments that occured because their statements weren't being sent to me). So really the FOS aren't interested in any of that either. I just feel like giving up and probably will.

[Amethyst]

Re: Debt Star vs Sharklaycard

Their failure to respond, they arent responding to the wrong address that they were sending statements to are they ?

Are FOS putting their responses in writing to you ? (so you can get it reviewed by adjudicator) Has it been 8 weeks since complaining to the bank > Letters recorded post ?

[middenmess]

Re: Debt Star vs Sharklaycard

Its not just a complaint about the absence of a CCA though. I have complained about BC's failure to respond to a claim for charges; not sending statements to the correct address and adverse credit file entries that shouldn't be there (for missing payments that occured because their statements weren't being sent to me). So really the FOS aren't interested in any of that either. I just feel like giving up and probably will.

I'd be inclined to give up with the FOS as in common with other Ombudsmen they are generally useless. Even when presented with overwhelming evidence they often manage to find against you.

I'd wait until BC actually serve papers on you and use the intervening time to thoroughly prepare your defence arguments and perhaps approach say Watsons for a preliminary opinion as they need as much time as possible to accommodate you as a client.

In regard to the 'Agreement' and 'T & C's' that they have sent you,I'd wait a while and then write to them again saying they have failed to provide copies under your CCA request and it's a possibility that they might well send you something that differs from what you have just received!

[The Debt Star]

Re: Debt Star vs Sharklaycard

Their failure to respond, they arent responding to the wrong address that they were sending statements to are they ?

Are FOS putting their responses in writing to you ? (so you can get it reviewed by adjudicator) Has it been 8 weeks since complaining to the bank > Letters recorded post ?

Probaly but they also write to the correct address when it suits them (same with their DCA threat monkeys. They know whwre to find you when it suits them). The bank have my address. he failure to respind was more along the lines of"we owe you nothing" and"we do not recognise a dispute as we have complied with s.78" etc

Nothing in writing from the FOS yet. Do you think this should be appealed to the Ombudsman when I do get the anticipated response?

[QCKate]

Re: Debt Star vs Sharklaycard

I'd be inclined to give up with the FOS as in common with other Ombudsmen they are generally useless. Even when presented with overwhelming evidence they often manage to find against you.

I'd wait until BC actually serve papers on you and use the intervening time to thoroughly prepare your defence arguments and perhaps approach say Watsons for a preliminary opinion as they need as much time as possible to accommodate you as a client.

In regard to the 'Agreement' and 'T & C's' that they have sent you,I'd wait a while and then write to them again saying they have failed to provide copies under your CCA request and it's a possibility that they might well send you something that differs from what you have just received!

Sorry if I have missed something but who are Watsons please?

QCK

:elch:

[middenmess]

Re: Debt Star vs Sharklaycard

Sorry if I have missed something but who are Watsons please?

QCK

pt2537 who posts regularly on this forum works for them.