egg and barclyacard hassles

[kittiebelle]

Hello everybody.

I think this is my first post on here.I think I joined and then got banned for life - maybe because I didn't post anything in a long time, but thank you to the mods for lifting my ban. I am sorry if this is the wrong part of the forum - I am not very internet savvy. so please move if I have posted in the wrong place

I have a couple of situations that I would really appreciate some advice on, but will start with just the one and a big apology that my post is long or it seems strange or rambly, it's because I have a mental health problem that means I find it difficult to focus and maintain concentration plus loads of other things that I won't bore you with.SO I'm sorry about that.

Anyway - here goes.

I had an egg card that was set up in May 2003. At the time it was opened I don’t remember agreeing to only have internet access, I don’t remember agreeing to set up a DD to only make monthly minimum payments on.

I borrowed cash on the card as an emergency loan for a friend (stupid I know) by taking it from the hole in the wall.I forgot about the situation for ages, because I knew that money was coming out of the bank account , so I thought the card was being paid off.I had no idea that it was only the minimum payments being taken out and that interest was racking up and that there was also ppi.

Because of my mental health problems which can cause me to be forgetful, put head in sand etc, and because it was an internet only account ( know I would never have agreed to open that sort of account, because of my probs with using internet and my MH). I am the sort of person that struggles with passwords and that sort of thing so I could never find out what was going on with the account.


Eventually, when I finally did get in touch with someone and they told me that I owed more than what had been borrowed and I had been only making minimum payment I was really upset and confused.I felt I had been treated very badly.There is another side of me (and this is recognised part of my MH problem) that acts differently.She is a fighter for justice and once did a law degree.

At the time, I was introduced to the fmotl sort of stuff, and initially I tried approaching the situation that way.Eventually I put in a CCA ss77/78 information request.What I received was a not very legible "egg card agreement" and I did not think that it contained all the prescribed terms for it to be properly executed, and there were not the full terms and conditions but a document they said was current terms and conditions.

The few terms and conditions are listed on the front page in tiny writing, and have been cut and pasted from somewhere else,They start at no 3, which is headed "Limit", and says "will tell me from time to time the Approved Limit we have set and if different the Individual Limit which you have chosen for the Account.


We will charge

4.1

-on purchases put on the account until 1 November 2003 a monthly rate of 0% fixed until 1 November, thereafter a monthly rate of 1.09% 12.6% APR (it could be 12.0% or 12.8%, I cannot tell it is hard to read)

-on transferred balances out on the account until 1 January 2004 at a monthly rate of 0% fixed until 1 January 2004, and thereafter a monthly rate of 1.09% 12.6% APR (as above could be 0 or 8 it is hard to read) and otherwise at a monthly rate of 1.093% 13.9% APR



4.2 Unless you are an existing customer we charge a handling fee of 1.25% of the amount of each Cash Advance (minimum fee £2) The APR for Cash Advances is 16.3%

4.3 We charge a handling fee of 1.5% of the Amount of each Credit Card Cheque (minimum fee £2) The APR for Credit Card Cheques is 16.3%

4.4 We will charge interest on Promotional Balances at the interest rates and for the periods we advise you on details of Special Promotions

In working out APR's we have ignored any changes we may make to interest rates, handling fees or any other charges which we introduce or very at any time giving you notice under condition 12.


(there is no condition 12)


No 5 relates to repayments, and it says

5.1 Each month you must pay by direct debit the minimum payment given in your statement.The minimum payment will be

- the full Receiving Balance if it is less than £5, but otherwise the greater of "2% of the Revolving Balance and £5

Plus for each Transferred Balance:

-the full amount of the Transferred Balance if less that £5 but otherwise the greater of the Transferred balance and £5

We will collect the amount you tell us you want to repay so that it is paid to the account on the payment date.



Phew!



Anyway, I don't remember telling them to only take the minimum.

There is my signature and the signature of the card product manager on a separate page.

They sent a copy of a direct debit agreement but it doesn't say any amount on it.

I wrote back to them and said that I did not feel they had complied with their request and told them that I felt the account was in dispute as it was not enforceable due to not being properly executed in accordance with s 60 and s.61 of the cca and made a complaint

They wrote back on 20 may disagreeing. And I made a SAR .


I got various letters telling me it was not tool late I could still make things better.The amount that I was in arrears by was different on different letters

What ensued after that was a complaints process, I told them to stop processing my data, they sent some threatening letters from Crapital Credit about "undertaking checks and validations to expedite legal proceedings".I told them that I felt they were harassing me.

They said they had complied cos of Carey judgement.

They wrote on 18^th march 2011 and told me the account would not be renewed

They did the same on 22^nd march


I put in a SAR as I wanted to know what data they had.

On 28^th March I wrote and asked for PPI to be refunded, and on 8^th April they refunded £260 pounds onto the account.

I did not think this was the right way to go about things so I complained to the ombudsman, The ombudsman recalculated the amount owing and said that egg should pay me in total £624 but that they were allowed to apply the £260 already refunded to the arrears.I asked the ombudsman to look into this again because I disagreed and in an email dated 16^th November the ombudsman said he would look into it and get in touch with egg.

Meanwhile a default notice dated 1^st November arrived.I do not think it was in the prescribed form, as although certain parts were in capitals and the words "NOT" and "BEFORE THE DATE SHOWN" are in bold type, they are not underlined. ( I might be on dodgy ground here !)


The amount on the balance is £456.96

And the Arrears are £138.97

Credit limit £1850

I do not think this is correct because I had not received payment from egg of the amount owing and the ombudsman was still looking into matters.

I then got a letter dated 31^st October, but it did not arrive until about a week after the default notice. It contained a check for the amount the ombudsman said they had to pay me and invited me to use it towards the balance.I did not cash this check as I did not want to be deemed to be accepting this as full and final settlement as the ombudsman was still reviewing the situation. - By the time the matter was sorted a new check had to be issued as the old one was not honoured as it was past the date, so a new check was sent by Canada sq. ops on 8^th April 2013 as I had made a complaint)


I also got a letter dated NOVEMBER 2011, about my new Barclaycard account which had the same limit as the egg card. (I have since found a load of photocopy stuff that says it is a credit agreement between me and Barclaycard but it does not have the number of the account on it and no signatures and there are masses of pages of terms which could relate to anything)

By this time I was totally confused by everything and was genuinely unsure what the situation was and who was who. When the default notice was sent, egg still had not paid me the amount the ombudsman said owed, so I do not believe the amount on the default is correct.

Then I started getting letters from Barclaycard about my new account.Many years ago I had a Barclaycard account which was set up in around 1995 and there was a minimal sum in credit, but I hardly ever used it.But it was not this account., it was a different account number.

Eventually egg explained that my egg account (which I thought had been defaulted and terminated) had been transferred to a new Barclaycard account.They said that although I never gave them permission, there was a term in my existing agreement that said they could do this and open up a new account and a new agreement between me and them.

Nothing happened for very long time.Debt collection stuff some of which was threatening.But very quiet for a long time, although I did get some statements form Barclaycard which was saying my account was in credit by a nominal sum.I had an existing Barclaycard opened in 1995 which had not been used for ages.

I made a DD indemnity claim against the bank where the DD's paying egg had come out of , and have received a refund of £980.I have not touched this money yet as it is in holding account which FD bank say is for a period of 6 weeks (ending 6th May 2014) pending the amount being queried by egg and I cannot access it until this time)

Then I get a letter from Barclaycard yesterday, saying there is a balance of £1389 on the account I never opened. It says they write with reference to a communication from HSBC- the bank have recalled funds sent towards my card account and the outstanding balance is now shown above and we would be grateful if I get in touch to discuss the situation.

OK I am really sorry to be so long winded about all that.

My intention is to ask them to explain their accounting as I don’t understand, and to inform them that I have mental health problems and send them a copy of the Mental Health Evidence form that I have, and request that while the matter is being discussed, and is disputed, could they agree to suspend any interest, could they communicate with me clearly and transparently and I will then begin negotiating with them.



Should I first not acknowledge anything owing?

Should I ask for the credit agreement that I agreed to for this account (I did not - they opened it up for me)

I think they have added the old sum allegedly owing under the egg card (but which they never have put onto the balance of the Barclaycard they opened for me until now) and which I contend was not owing due to incorrect amount on default notice (at that point they had not refunded me the PPI) and improperly executed agreement

Many people might think I have been cheeky in claiming the DD, but I claimed back the DD as I don't feel that the money was taken with my full consent, there was an error in that when it was taken, I did not know it was being used to pay PPI and, in any case, I feel that the contract under which they took the DD was not properly executed, and that they did not have my consent regarding the minimal monthly payments, I was never given an opportunity to set up payments, they only ever just took the minimum and I genuinely was completely unaware that this was going on and my balance was going up and up when I thought it was going down. I felt and still do massively pissed off with them


Can anyone give me any advice regarding

1.the default situation, and the sum not being correct

2the original 2003 egg card agreement being improperly executed and not giving me the terms and conditions at the time it was opened

3. The New account opened for me by egg.Where do I stand with them saying that even though I did not agree to it, there was a term in the previous agreement which says they could and how they have just put the money they say I owe into that account

I really appreciate any advice and any one can give me and apologise for being long winded and sometimes having my head in the sand and doing the wrong things

[FlamingParrot]

Re: egg and barclyacard hassles

Hello everybody.

I think this is my first post on here.I think I joined and then got banned for life - maybe because I didn't post anything in a long time, but thank you to the mods for lifting my ban. I am sorry if this is the wrong part of the forum - I am not very internet savvy. so please move if I have posted in the wrong place

I don't think you'd have been banned for not posting, it must have been a mistake, glad to see it was all sorted out. :thumb:

I had an egg card that was set up in May 2003. At the time it was opened I don’t remember agreeing to only have internet access, I don’t remember agreeing to set up a DD to only make monthly minimum payments on.

I borrowed cash on the card as an emergency loan for a friend (stupid I know) by taking it from the hole in the wall.I forgot about the situation for ages, because I knew that money was coming out of the bank account , so I thought the card was being paid off.I had no idea that it was only the minimum payments being taken out and that interest was racking up and that there was also ppi.

Because of my mental health problems which can cause me to be forgetful, put head in sand etc, and because it was an internet only account ( know I would never have agreed to open that sort of account, because of my probs with using internet and my MH). I am the sort of person that struggles with passwords and that sort of thing so I could never find out what was going on with the account.

I think all Egg cards were mean to be managed online, I had one, probably from 2000/01 and it was already totally paperless, never got a statement, had to log in to the website to manage the account from the start.

Eventually, when I finally did get in touch with someone and they told me that I owed more than what had been borrowed and I had been only making minimum payment I was really upset and confused.I felt I had been treated very badly.There is another side of me (and this is recognised part of my MH problem) that acts differently.She is a fighter for justice and once did a law degree.

At the time, I was introduced to the fmotl sort of stuff, and initially I tried approaching the situation that way.Eventually I put in a CCA ss77/78 information request.What I received was a not very legible "egg card agreement" and I did not think that it contained all the prescribed terms for it to be properly executed, and there were not the full terms and conditions but a document they said was current terms and conditions.

A s.78 CCA request is not 'FMOTL' stuff, is a proper, lawful request.

I noticed you hadn't had any replies and didn't want to read and run, especially since I also have/had an Egg card where the balance never went down despite not using it in 5 years and making minimum payments all those years. :mad2: :mad2: I'll be back tomorrow to look at the rest.