Kriskros -v- Morgan Stanley / Barclaycard

[kriskros]

Hi Everybody,

This forum is doing a fantastic job and I am personally grateful for the masses of info that I have already gleaned from here - and still learning. Thank you all

I have recently sent CCA requests to Barclaycard "Cashback" (old Morgan Stanley card), Egg, Citibank and RBS. I had some encouraging waffle from Barclays (but no mention of M/S) and they are now way over the twelve day deadline. I am sending a follow-up letter to them today and in the spirit of these forums, I will keep you informed of progress

No response from the others yet so while I'm waiting I am going for BOS, Capital One, Nationwide, MBNA and Alliance and Leicester

Kriskros

[Steward]

You can use Google to search the web using these links below:-

[slick132]

Hi Kriskros and welcome to CAG.

I've moved your post into your own thread which you can use to update us and discuss your case.

Read other threads here and you'll learn plenty.

[kriskros]

Thanks Slick. I am just sending a CCA request to my favourite old enemy MBNA for and old account. They did some dispicable things to me over the years and finally closed it in 2007 with no good reason - and without telling me! Should be interesting. Cats amongst pigeons spring to mind.

[noomill060]

You would be better send ing a SAR for copies of all you old statements in order to reclaim you charges, PPI premiums and interest unlawfully levied thereon.

Barclays will ignore your CCA request -the account is now closed, so they dont have to respond to it.

[noomill060]

This thread of mine should be of assistance to you:

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

[kriskros]

Oh thanks for that noomill. Just in the nick of time. I haven't posted it yet so I will leave it for a few days while I do the SAR learning curve
Back to the board then

[kriskros]

Well...
Been lying low for a while but up and at em again now. Thanks for your recent advice guys and here is the story so far. It's shaping up very much like the tale told by Noomill060 actually

22-05-09
I wrote to Barclays asking for CCA agreement enclosing a £1.00 postal order. (The account is one of those they inherited from Morgan Stanley)
Picasa Web Albums - notintune

08-06-09
Received a reply from Stacey Atkinson. "We must supply you with a copy of your executed agreement and a statement of account. Below is a statement of account." It them lists the credit limit, the current balance and the next minimum payment. It also states that "a copy of your CURRENT credit agreement will be sent under separate cover" and "this completes our obligation to you."

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The following letter arrived on 13th June.
13-06-09
This letter is from Elaine Mockler and it states "enclosed are your Barclaycard terms and conditions." This consists of three pages of a photocopied Barclaycard standard T&C document with no mention of me personally and no hint of anybody's signature.
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25-06-09
I wrote to Barclaycard with more or less a standard letter from this forum stating that I have stopped the payments until they produce something a bit more realistic. etc etc.
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Picasa Web Albums - notintune

02-07-09
I received a letter from Chris Brown stating that he notes my non-receipt of requested document made under s78. He went on to say that "the documents required for us to complete our obligation to you under s78 were dispatched on 03-07-09. This is strange as I have never said that I had not received any documents.
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Since then I have been inundated with a mixture of telephone calls - both from automated machines and from people with barely understandable accents who seem to struggle with the Queen's English. I also have harassing calls and text messages on my mobile - sometimes in the early hours of the morning. I try and ignore them as much as possible.

01-08-09
This is their best one yet. I received a letter from Zara Woods today. She said that "We have exercised our legal right to set off the arrears on this account against your BARCLAYS account!" She says that they can do this as Barclays and Barclaycard are one and the same. She goes on to say that "as your account is no longer in arrears, your Credit Reference Data File will be updated accordingly!
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Its time for the gloves to come off. I think I know the way ahead but any advice or pearls of wisdom from our more experienced caggers would be appreciated

[noomill060]

So, theyve yakem money from your bank account to clear your arrears, is that what your saying?

Have you sent a SAR yet?

[kriskros]

They are not only saying it noomill - they had already done exactly that BEFORE they wrote to me! I'm speechless with amazement. The "good news" is that I am not in arrears any more and my CRA records have been updated accordingly! What a bunch of lowdown crooks. I will write to them tomorrow but not quite sure what to tell them

[noomill060]

Send them a SAR and the £10 fee and go from there.

As you have discovered, they can take money from one Barclays account to pay alleged "arrears" on another.

[kriskros]

Ohh... I overlooked the SAR but that will be rectified tomorrow as well.
Thanks

[noomill060]

Ohh... I overlooked the SAR but that will be rectified tomorrow as well.
Thanks

Glad to hear it. A SAR is VITAL if you want get your charges back.

[kriskros]

Thanks for help. Couple of things I am confused about.
(a) We are advised by CAG not to sign a CCA request and send a postal order but a SAR on the other hand should be signed and a cheque enclosed

(b) I have four accounts with Barclaycard, incuding one ex-Goldfish which is zero and not used since BC took it over. I am assuming that the SAR should cover all of them in one letter. Does the one £10.00 fee cover all accounts do I need to send £10.00 for each account?

[noomill060]

Hi, One SAR for all personal data they hold is enough. The SAR is not specific to any one account- it is a request for ALL the info they hold on you, so only one SAR and one tenner is required.

Sign it, but not in your usual way. I write it in my left hand, backwards last letter of my surname first, then work backwards from right to left!

[kriskros]

ooh...
Thanks. Will post outcome on here

[kriskros]

A SAR to Barclaycard is on its way. In the meantime, should I should report them to somebody for blatantly helping themselves to money from my Barclays bank account?

[noomill060]

They can take money from one account to pay *arrears* in anothe quite legally. It is called "right of set off"

The only way to stop this happening again is to open an account with another bank.

[kriskros]

Oh bugger!

I have had similar results AFTER I requested CCA for another Barclaycard account - including a 3 page photocopy of what seems to be their standard T&C - with one page blank exept for a rubber stamp "AUGUST TO DECEMBER 1999 Barclays T/C"

I am about to stop the standing order on this account and send a standard follow up letter stating that they are in breach... etc.
I'm now wondering if I should just wait for the results of the SAR instead

All the correspondence regarding this account is here:

Picasa Web Albums - notintune - BAR499002

I would be grateful if you would take a peek

[roygoodbeat]

I have had all sorts of problems obtaining a signed agreement. BC and Mercers claim that this is all they have to send in order to enforce their agreement. They refuse to send a copy of the cca.

It would appear that this is the standard response (just terms and conditions from anything to do with Barclaycard. I have been told by a number of people, including a debt charity that they are in breach, but Barclays being Barclays, do not appear to follow the rules and act outside the law.

I can get the courts to order an agreement but it would be better as a collective to force the oft to do something about it.

Are there any action groups against Barclays.

[the_shadow]

I have had all sorts of problems obtaining a signed agreement. BC and Mercers claim that this is all they have to send in order to enforce their agreement. They refuse to send a copy of the cca.

It would appear that this is the standard response (just terms and conditions from anything to do with Barclaycard. I have been told by a number of people, including a debt charity that they are in breach, but Barclays being Barclays, do not appear to follow the rules and act outside the law.

I can get the courts to order an agreement but it would be better as a collective to force the oft to do something about it.

Are there any action groups against Barclays.

I beleive there was one CAGGEr who got his agreement after a complaint to the fos, perhaps if you word the complaint right they might intervene. Some fos cases take as little as 3 months to be concluded.

S.