Debt Star vs Sharklaycard

[The Debt Star]

Re: Debt Star vs Sharklaycard

The FOS have now provided a full adjudication.

They have asked Barclaycard to:

1. Reinstate the repaymemt plan cancelled by BC

2. Re-adjust the interest rate "back to the same level" it was at when BC cancelled the plan

3. Remove all adverse data recorded with the CRAs (7 late payments recorded by BC, all to be taken off my credit files)

4. Pay me £50 compensation for "the poor handling" of my complaint

5. pay me £625 for all penalty charges going back 6 years, inclusive of interest

A good result.

[Caspar]

Re: Debt Star vs Sharklaycard

Excellent - you're having a good run DS, long may it continue!

[middenmess]

Re: Debt Star vs Sharklaycard

The FOS have now provided a full adjudication.

They have asked Barclaycard to:

1. Reinstate the repaymemt plan cancelled by BC

2. Re-adjust the interest rate "back to the same level" it was at when BC cancelled the plan

3. Remove all adverse data recorded with the CRAs (7 late payments recorded by BC, all to be taken off my credit files)

4. Pay me £50 compensation for "the poor handling" of my complaint

5. pay me £625 for all penalty charges going back 6 years, inclusive of interest

A good result.

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

Def.not the anticipated response

What will BC do now one wonders?

[The Debt Star]

Re: Debt Star vs Sharklaycard

MM, yep, it has come as a surprise. I tend to be a glass is half empty man Remember though, the FOS were hinting to the contrary.

However, I sent the FOS statements proving I had been paying BC & it was established that Barclays were arrogant in their handling of my complaint.

[middenmess]

Re: Debt Star vs Sharklaycard

I bet that you had to read the FOS letter twice to make sure that it read in your favour!

[The Debt Star]

Re: Debt Star vs Sharklaycard

yeah. more than twice TBH.

On the CCA point, the postal application I was sent with my SAR (post #45 above) was deemed to be the credit agreement and the FOS declined that aspect of my dispute, saying:

"Credit card applications typically form the credit agreement...and the application form itself amounts to a true copy of the agreement....This is confirmed by the signature box on the application form which states 'This is a credit agreement regulated by the CCA 1974 etc'....Based on the above the bank has fulfilled its obligations under the CCA 1974 and provided Mr DS with a true copy of his credit agreement."

Ok, so BC never sent me a CCA with my CCA request and never included a recon when they said they had. What I DID get was a copy of the postal app with my SAR and this scuppered my claim that the account was unenforceable.

[middenmess]

Re: Debt Star vs Sharklaycard

"Credit card applications typically form the credit agreement...and the application form itself amounts to a true copy of the agreement....This is confirmed by the signature box on the application form which states 'This is a credit agreement regulated by the CCA 1974 etc'....Based on the above the bank has fulfilled its obligations under the CCA 1974 and provided Mr DS with a true copy of his credit agreement."

Read more at: Debt Star vs Sharklaycard - Page 3 - Legal Beagles Consumer Forum

I for one cannot accept this ''decision'' as where on a one sided postal application are the full terms and conditions relevant to your account?

[The Debt Star]

Re: Debt Star vs Sharklaycard

MM, I know, I know. But I've posted this up so that you and others know where the FOS stand on this. Terms were sent but on a separate document, illegible I might add.

It may prove useful to someone and that's what this site and others like it are about of course.

I for one won't be taking this any further on this particular dispute, as court is probably the only option on the enforceability of the supposed 'CCA' now, and thats not an option for me at this time.

The compensation, the AP and adverse data removal are sufficient for my purposes on this occasion.

[Angry Cat]

Re: Debt Star vs Sharklaycard

I for one cannot accept this ''decision'' as where on a one sided postal application are the full terms and conditions relevant to your account?

Agree, and if one signs an FOS acceptance form it will be very difficult to go back;
the Bank will use same against you in any future claim/query.

The money may well come in handy, whether by reducing the debt, or for other reasons. But, what about any future litigation, especially if the terms were varied?

[middenmess]

Re: Debt Star vs Sharklaycard

All in all a great result............................................ ......................
.....................................
when it is all occasioned!

The alacrity with which they put into place the FOS demands will show us all in what regard they hold the FOS.

[Amethyst]

Re: Debt Star vs Sharklaycard

The FOS have now provided a full adjudication.

They have asked Barclaycard to:

1. Reinstate the repaymemt plan cancelled by BC

2. Re-adjust the interest rate "back to the same level" it was at when BC cancelled the plan

3. Remove all adverse data recorded with the CRAs (7 late payments recorded by BC, all to be taken off my credit files)

4. Pay me £50 compensation for "the poor handling" of my complaint

5. pay me £625 for all penalty charges going back 6 years, inclusive of interest

A good result.

Excellent, another one to take off the list then FWIW I agree with you on the CCA issues given your circumstances this is a good result.

I don't recall if you had continued the payment plan throughout the dispute or if you need to reinstate it ? Does it still fit with your IE ?

[The Debt Star]

Re: Debt Star vs Sharklaycard

I was forced to pay BC the minimum sum each month approx £100 o/w they were going to default me as they refused to recognise any dispute.

On the AP the monthlies drop to £80. There's not all that much difference TBH now, especially with some 15% of the debt being reduced by the reclaimed charges.

I take on board MM and ACs posts but I wasn't really disputing the debt; I was after charges and the removal of adverse data.

Barclays being Barclays I should imagine I will now have a fight on me hands getting them to action the FOS adjudication. But all in all I am now in a stronger position albeit that the CCA cannot be challenged once I return the acceptance form.
------------------------------- merged -------------------------------

All in all a great result............................................ ......................
.....................................
when it is all occasioned!

The alacrity with which they put into place the FOS demands will show us all in what regard they hold the FOS.

You sound as if you don't trust Barclays either.

[The Debt Star]

Re: Debt Star vs Sharklaycard

Update:

Well its been a while but I'm delighted to report...



****VICTORY OVER BARCLAYCARD********

The fos have adjudicated in my favour and Barclaycard must now:

1. Remove all late payment markers on my credit files
2. Pay £100 compensation
3. Put me back in the same position I was in before they canclled the repayment plan inclusive of interest and charges
4. Pay back nearly £1K worth of charges plus interest going back 6 years
5. Reinstate the repayment plan
6. Investigate the PPI claim I have made (which they ignored)

[fluffystuff]

Re: Debt Star vs Sharklaycard

Well done you! x

[middenmess]

Re: Debt Star vs Sharklaycard

Well done--Good to read some good news