barclay card vs curlew430

[shamen]

Re: barclay card vs curlew430

If you sent of a SAR and believe you did not receive all the information you should write back to the data controller and state that.

For example, cite to them that they are saying XYZ happened to your account, yet in their SAR response no such activity happened. Put it to them that either they are with holding data in a SAR response or they are not being honest about the cancellation of the PPI.

Also ask them if any documents over 6 years old have been destroyed and if so a copy of the certificate of destruction signed by the person responsible for data destruction and what methods were used for the destruction.

If they still fail to provide you the data, then a complaint to the ICO is in order, and that takes time. Does anywhere in the response you have had so far include statement of accounts, and if so does it show any PPI premiums being deducted? a SAR response should (AFAIK) include statements going back for at least 6 years.

[curlew430]

Re: barclay card vs curlew430

All I Got Was My Records Starting At 2600 Pounds God Knows Why . And No Where Does It Say In Any Conversation Did I Stop Ppi Nor Is It Wrote Down Because I Did Not Stop Anything . I Will Ask Them Once More For Info .. What Is The Correct Way To Put My Account In Dispute So They Cannot Touch My A1 Credit Rating Because The Only Way They Are Going To Listen Is For Me To Stop Paying .. I Know You Dont Advise That But They Will Listen Then . That Is A Cert But Its My Only Option I Am Fed Up With Call Centre Ignorrance . Many Thanks For Help

[shamen]

Re: barclay card vs curlew430

So in your SAR response there were no account notes (eg, the notes callcentre staff have to enter when you call in?), no statements of account or anything?

[curlew430]

Re: barclay card vs curlew430

There Was Statements Starting From 2600 Pounds To Present Day Cancelation Of Ppi Then Restarted Then Cancelled Not By Me I Might Add Then It Stops Appearing On Statements ....there Is No Copy Of Any Phone Calls As I Didnt Ring . I Think All Info Has Been Lost From When It Went From Dean Witter To Morgan Stanley To Barclaycard . They Say I Cancelled It I Did Not[ Fact] What I Am Going To Do Is Stop All Payments To Them Then They Will Change There Tune . Can They Bad Credit Me When In Dispute As I Hav 11 Mortgages And Wan To Keep Credit Rating Clean Manythanks For Reply.........i Will Be Donating To Your Site Again Now I Am Getting Replies Thanks So Much

[shamen]

Re: barclay card vs curlew430

They can and probably will log any non payments against your credit file. If that is the correct behavior for a disputed account is another thing.

If they are saying to you 'You phoned up and canceled PPI' then they should in the SAR response have the date, time and account notes made when that happened.

It sounds to me like maybe some mistake got made, they canceled it and payment of premiums stopped. You didnt notice, neither did they and now you actually need it they find that it was cancelled but cannot provide you the date/time you allegedly called in and the notes from the call - likely because they dont exist but a computer screen says 'cancelled at XYZ date time' so they go by that and assume you called in.

I would write to someone higher up the chain at the company concerned and put your findings - mainly that you did not cancel it, you feel there was an error and while you did not spot the payments had stopped you can see from the SAR request that your account is not showing any notes or phone call cancelling it as claimed by the bank.

[WendyB]

Re: barclay card vs curlew430

Well if you stop paying then they will no doubt enter this on your credit file and yes your credit rating will be affected.

Why do you want to put the account into dispute? What exactly are you disputing?

[curlew430]

Re: barclay card vs curlew430

I Had A Heart Attack And They Said I Cancelled My Ppi ... No I Did Not . So Iasked A Copy Of Phone Conversation , Suprise Suprise There Isnt One ... The Bill Was About 5000 And I Said Take Off When I Was Ill And I Will Pay It All . I Was Looking For A Deduction Of 1000 About 100 Pound A Month For Time I Was Off ...... They Say I Cancelled It And Thats That Bill Must Be Paid In Full ..... And Because I Keep Paying They Do Nothing .... They Have No Cca And A Pile Of Statements With Half Missing After My Request......... They Are Taking The Mick . I Wanted To Pay It 12 Months ......

[WendyB]

Re: barclay card vs curlew430

I'm sorry I still don't really get it.

Are you saying, that you became ill and made a claim on your PPI, and they refused to pay the claim saying you had cancelled the PPI? If this is the case you need to make a formal complaint to that effect. If there are other reasons for your dispute then you may need to deal with them separately.
To be quite honest I personally don't think that CCA/unenforceability is the point here and can't see why you would use it in this situation, as stopping paying will just result in more hassle from them. You need to deal with this in a formal, sensible structured way.

Are you in arrears with your payments at all? Are they hassling to with debt collectors etc?

Best thing you can do would be to list exactly what happened, when, in a simple way

sort of

01.01.10 Became ill
01.02.10 Made claim on PPI
01.03.10 Letter stating blah blah blah

also can you scan in any relevant letters you have received regarding this?

This might make it easier for us to understand and advise. And, please don't take offence at this, but would you mind not starting every word with a capital lettr because it sends my eyes funny lol.

[curlew430]

Re: barclay card vs curlew430

I went to claim before i settled the bill in full they replied i had cancelled it myself by phone.Idid not cancell anything. They refuse to deduct it off. I pay every month without fail . No bailifs come here as i never fault on payment . thats why they are ding nothing cos i always pay

[shamen]

Re: barclay card vs curlew430

probably best to pay it as normal and do a formal complaint at the same time?