Spamalot V Barclaycard/Goldfish/HFC

[Spamalot]

Hi all.

I have a thread in this forum which I used originally to deal with both cards.

http://www.consumeractiongroup.co.uk...-goldfish.html

I have decided to start a seperate thread for the Goldfish card as Barclaycard seem to be dealing with it in a different way to the old MSDW one.

My request for the CA of the Goldfish Card (originally with HFC I believe, as it dates back to 1999 I think ) was completely ignored. Not even a T&C landed on the doorstep so I have put the account in dispute and I sent a Subject access request .

Today I have received a bundle of Statements dating from April 2004 and the covering letter saying that that is all they hold.

I shall wait with bated breath to see what else is delivered in the near future.

Spam.

[the_shadow]

Originally Posted by Spamalot

Hi all.

I have a thread in this forum which I used originally to deal with both cards.

http://www.consumeractiongroup.co.uk...-goldfish.html

I have decided to start a seperate thread for the Goldfish card as Barclaycard seem to be dealing with it in a different way to the old MSDW one.

My request for the CA of the Goldfish Card (originally with HFC I believe, as it dates back to 1999 I think ) was completely ignored. Not even a T&C landed on the doorstep so I have put the account in dispute and I sent a Subject access request .

Today I have received a bundle of Statements dating from April 2004 and the covering letter saying that that is all they hold.

I shall wait with bated breath to see what else is delivered in the near future.

Spam.

That "this is all we hold" isnt worth the ink its printed in, I've had 4 SARs from Barclycard, each time complaining they've left something out, with three of them they have stated the line above and yet have found more information or different information to chuck in

The only thing that letter is good for is evidence to show that Barclaycard really do not know what they are doing or what information they have or dont have

S.

[Spamalot]

Originally Posted by the_shadow

That "this is all we hold" isnt worth the ink its printed in, I've had 4 SARs from Barclycard, each time complaining they've left something out, with three of them they have stated the line above and yet have found more information or different information to chuck in

The only thing that letter is good for is evidence to show that Barclaycard really do not know what they are doing or what information they have or dont have

S.

Thanks again Shadow...

As I suspected, having gone through the statements, there are no charges on this account that I can reclaim as I was always on top of things before making my 'arrangements' so I am still waiting on the CA.

I know they got the request because I put it inthe same envelope as the MSDW one and I have had a reply to that.

I also put a copy of the CA request in with my Subject access request as a gentle nudge but so far .....ZILCH..

I wonder if they can't find it. Perhaps they think if they ignore me I'll go away. Hmm. fat chance.

Spam.

[Spamalot]

Curioser and Curioser...

I have received a statement today from BC for this account... it shows no payment and it shows no interest... could they actually be doing as they're told?

This is worrying me now

Still no CCA and very little from SARs just statements... their 40 days was up Monday before last...13th July...

Any suggestions as to my next move... at the moment I have put the account in dispute and they seem to have accepted that...

Spam.

[the_shadow]

Have they sent you t&c for the MSDW card yet... received mine last week, strange but I suppose they are currently looking through the MSDW data archives trying to extract as much info as possible as quickly as possible

As to the Goldfish card, Barclaycard dont send out agreements unfortunately, just t&c. If they have stopped interest on the account due to their non-compliance then thats a bonus and would be something I've never heard of before

Only way to get sight of the agreement is to either get defaulted and passed to a DCA who will be more likely to show you the agreement / wait for court action to be taken against you when you can request the agreement / or go for the CPR 31.16 requesting but Barclays will ignore this and you will be required to issue court proceedings.

S.

[Spamalot]

Well here it is!

Goldfish Application picture by Spamalot_bucket - Photobucket

and the T&C's

Goldfish T&C picture by Spamalot_bucket - Photobucket

It seems strange that the T&C's are in 3 columns and the application is in 2.. These were sent on Two different sheets by the way and had originally been faxed to whoever sent them to me..

Comments as to the enforceability of this please.

Thanks, Spam.

[the_shadow]

Originally Posted by Spamalot

Well here it is!

Goldfish Application picture by Spamalot_bucket - Photobucket

and the T&C's

Goldfish T&C picture by Spamalot_bucket - Photobucket

It seems strange that the T&C's are in 3 columns and the application is in 2.. These were sent on Two different sheets by the way and had originally been faxed to whoever sent them to me..

Comments as to the enforceability of this please.

Thanks, Spam.

Well the application is just that an application with none of the prescribed terms, however the t&c obviously does.. which is why they sent it!

They would have to show linkage from the first page to the next and you need to cast doubt on the t&c being the back of the application front.

Firstly: If this was correct, you would expect the application to state, please see t&c on the back somewhere in it.

Secondly: The size of the text doesnt match an A4 piece of paper, theres a gap at the bottom, why not split into two columns and then it would fill a full A4 sheet just like the front of the application.

I cant see anything in the T&C showing charges for defaults like missed payments as that tends to be the indicator in giving away a timeline, but its a bit small to read so they may be in there, look for £20 or £25 which should be the norm.

S.

[Spamalot]

Hi Shadow and thanks for your quick response.

There is absolutely nothing re charges on the T&C other than £2 for a cash advance.

There is only one line with regards to credit limit and it just states 'Your credit limit will be determined by us from time to time and notified to you'

I am almost sure I remember filling in another form which had the different card pictures on it that I could choose from and whether I wanted Mastercard or Visa so I don't know what happened to that .

I also must have filled in job details and income somewhere so I'm assuming that was on that form... perhaps the T&C's come from there.

Any suggestions on my next move as I can't dispute the account as they haven't sent me anything anymore.. where would I go from here?

Thanks,
Spam.

[Spamalot]

Hi all,

Decided to send a letter informing BC that account was still in dispute ... at least until they supplied me with the rest of my 'application form' and could prove the T&C's were related.



Dear Sir/Madam,

I refer to the above account and the recent requests I have made with regards to a true copy of the agreement under s 77/78 of the Consumer Credit Act 1974 and also under Data Protection Act 1998.

To date, I have only received a copy of an application form and a poor copy of The Goldfish Card terms and conditions which on the face of it do not appear to be connected to the application form.

The Application form also does not appear to contain any employment or income details so I therefore feel there should be another document elsewhere which does contain this information and which also relates to this account.

Until such times as you have satisfied your obligation to supply me with the documents requested, this account will remain in dispute as per my previous letter of 31.5.09 and I will continue to withhold payments to it.

I look forward to hearing from you at your earliest convenience, with regards to this matter, in the hopes that this dispute may be resolved as soon as possible.

Yours Faithfully,

Spam.

[Desperate Daniella]

Hi Spam,

They haven't come up with any form at all for me, but I'm sure that the application form had different pictures of fish! What they have sent you sounds fishy to me.

DD

[Spamalot]

Originally Posted by Desperate Daniella

Hi Spam,

They haven't come up with any form at all for me, but I'm sure that the application form had different pictures of fish! Exactly.. thats what I remember... I think there were 2 or 3 for visa and a different 2 or 3 for Mastercard... something like that..What they have sent you sounds fishy to me.

DD

.. Methinks the fish have escaped ! It will be interesting to see if they turn up..

How long ago did you apply to be reunited with your 'agreement', and what year did you apply for your original card?

Spam.

[Desperate Daniella]

I honestly don't know when I first applied. The first statements I can find were in early 2000, so probably 98/99.

I asked for the agreement in November last year and have had an odd call from Mercers/Calders but as soon as I say "CCA 1974. Where is my agreement?" they have disappeared - just like the fish on the application form.

DD

[Spamalot]

Oh Joy of Joys...

Despite my account in dispute letter I have received a 'Default Notice' from Mercers today.. It gives exactly 14 days by the skin of its teeth for me to pay the arrears but without a CCA I've no intention of paying it...

Do I ignore it or do I inform them that the account is in dispute...

Oooh I'm quaking in my boots looking at that RED LETTER HEADING.

Spam.

[slick132]

Hi Spammy,

Mercers tend to issue worthless, invalid DN's.

Does it show BC's full name and address for starters?

[Spamalot]

Hi Slick and thanks for your speedy response.

The 'default' does not show barclaycards full address. It only has Mercers address saying they are acting as 'agents' for Barclaycard.

I had an inkling they were getting restless when I received a credit report alert and saw that Barclaycard have put the account in arrears.

Seems they are trying to rattle me but my creditfile is trashed already by the Halifax and I've no intention of applying for credit anytime soon..

Should I respond to this missive or just remind Barclaycard AGAIN that the acount is in dispute?

Thanks again

Spam.

[slick132]

Drop mercers a line reminding them the a/c is in dispute due to the agreement from BC being unenforceable.

Tell them the DN is invalid as it fails to comply with the relevant requirements and, if they add this to your credit records, you'll ask the fos to investigate.

Also, see here - http://www.consumeractiongroup.co.uk...-dodgy-dn.html

[Spamalot]

Lovely, will do... thanks for the advice Slick.

Spam.

[Spamalot]

Okey dokey..

The response from Mercers to the above is that in approximately 48 hours I'm to expect a visit from my local doorstep collectors...

Looks like I'd better chain down my doorstep and bake some more mince pies...

Seriously.... do these people EVER read a word of the letters we send them...

[slick132]

Hi Spammy,

Before emptying the potty out of top window to soak caller from Mercers, take a peep through the nets first.

If it's a huge bloke dressed in a red and white outfit driving a sleigh, you don't want to empty potty on him !!

Bad move.

[Spamalot]

Originally Posted by slick132

Hi Spammy,

Before emptying the potty out of top window to soak caller from Mercers, take a peep through the nets first.

If it's a huge bloke dressed in a red and white outfit driving a sleigh, you don't want to empty potty on him !!

Bad move.

Priceless...