Barclaycard & Right of Set Off

[ScabHunter]

Re: Barclaycard & Right of Set Off

It is common for web pages to do what SEO professionals call the 'Google dance'. They appear in the search engine results for a bit, then disappear, and then come back to a higher position.

It is usually a good sign, because they often tend to stick after that happens.

SH

[Enforcer]

Re: Barclaycard & Right of Set Off

I will keep searching google. Just to keep it there!
Thanks

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks for your comment Vint, and yes I have now sent off my 3rd Section 78 request, however Barclaycard don't seem to want to send it now that I am asking, they don't even cash my cheques! They happily sent one at the start of this dispute, even though I did not request it,nor did I pay for it! The directors office at Barclaycard stated that this was to PROVE that my account was enforceable.

It is not.

[Enforcer]

Re: Barclaycard & Right of Set Off

Its not just Barclays though is it mate, ergo there's your problem.

Which! are your best bet if you want to look into a super-complaint, email their editorial team direct.

Good luck


* this is on Google if people search for the right keywords lol.

5th post down from the top --> Google Search

Thanks Niddy, "Which" have replied. They are sending information to their legal contacts.

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks for your comment Vint, and yes I have now sent off my 3rd Section 78 request, however Barclaycard don't seem to want to send it now that I am asking, they don't even cash my cheques! They happily sent one at the start of this dispute, even though I did not request it,nor did I pay for it! The directors office at Barclaycard stated that this was to PROVE that my account was enforceable.

It is not.

Still not replied to 3rd Section 78 request.
Unenforceable!
It always was, yet they still took money from me!

[Enforcer]

Re: Barclaycard & Right of Set Off

Still not replied to 3rd Section 78 request.
Unenforceable!
It always was, yet they still took money from me!

Update.
14th February 2013, I wrote to executive office, Barclaycard, enclosing 2 cheques together with a request for Subject Access Request and for the 3rd time, Section 78 request. Letter signed for, recorded delivery on 18th Feb.

25th February 2013. Reply from executive office, Barclaycard.

I can confirm that your Subject Access request and Section 78 request have been forwarded to the appropriate areas for processing and you will receive the information you have requested within the agreed timescales.

Gemma Anderton
Senior Customer Relationship Manager
Executive Office

Well, not only have I not received a Section 78 reply within the agreed timescale. Once again, THEY HAVE NOT CASHED MY CHEQUES!

How do I get this information from Barclaycard? What is it that they are trying to hide?

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
14th February 2013, I wrote to executive office, Barclaycard, enclosing 2 cheques together with a request for Subject Access Request and for the 3rd time, Section 78 request. Letter signed for, recorded delivery on 18th Feb.

25th February 2013. Reply from executive office, Barclaycard.

I can confirm that your Subject Access request and Section 78 request have been forwarded to the appropriate areas for processing and you will receive the information you have requested within the agreed timescales.

Gemma Anderton
Senior Customer Relationship Manager
Executive Office

Well, not only have I not received a Section 78 reply within the agreed timescale. Once again, THEY HAVE NOT CASHED MY CHEQUES!

How do I get this information from Barclaycard? What is it that they are trying to hide?

Any suggestions?
Do I write to Gemma Anderton as a reminder, do I wait and send reminder about both?
Or just go to the information commissioner?

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
14th February 2013, I wrote to executive office, Barclaycard, enclosing 2 cheques together with a request for Subject Access Request and for the 3rd time, Section 78 request. Letter signed for, recorded delivery on 18th Feb.

25th February 2013. Reply from executive office, Barclaycard.

I can confirm that your Subject Access request and Section 78 request have been forwarded to the appropriate areas for processing and you will receive the information you have requested within the agreed timescales.

Gemma Anderton
Senior Customer Relationship Manager
Executive Office

Well, not only have I not received a Section 78 reply within the agreed timescale. Once again, THEY HAVE NOT CASHED MY CHEQUES!

How do I get this information from Barclaycard? What is it that they are trying to hide?

Update. Letter received from Gemma Anderton dated 22 March 2013.
Barclaycard Executive Office
You advised in your letter that this is the third Section 78 request you have made however, I can confirm that your section 78 request was completed on 6 September 2011, with further correspondence issued to you on 12 and 29 September 2011, in answer to the further queries which you raised. In view of this, we would not correspond with you any further with regards to your Section 78 request.

My note: I did not request the S78 that they sent in September 2011!! They sent it, without my request nor any payment. To PROVE that my account was enforceable. It never was, a section 78 document should only be sent as a "True Copy of an Executed Agreement" this one is improperly executed.

I feel that they should now comply with my request admitting that it is unenforceable.

Comments please.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Doesn't matter, you can do as many s.78's as you want so long as a month has passed.....

The rule is under point 3(b): a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

That means they do not need to comply with s.78 (1) if an additional request is supplied within a month, otherwise 78 (1) applies. Whether they want to or not, they must comply!

As per --> Consumer Credit Act 1974 <<- That's the link

[Enforcer]

Re: Barclaycard &amp; Right of Set Off

Under point 3(b) of what? Where do I find this regulation please. I really feel that they should reply.
Thanks

[Never-In-Doubt]

Re: Barclaycard &amp; Right of Set Off

Under point 3(b) of what? Where do I find this regulation please. I really feel that they should reply.
Thanks

in the link I provided

Here ---> Consumer Credit Act 1974

[Enforcer]

Re: Barclaycard &amp; Right of Set Off

Thanks Niddy, Just what I needed.

[vint1954]

Re: Barclaycard &amp; Right of Set Off

If they have not complied with your SAR request, send the reminder. If they still refuse, then it is the ICO that you complain to.

[Enforcer]

Re: Barclaycard &amp; Right of Set Off

I have now sent off an official complaint to Financial Ombudsman Service. Hopefully at a cost of £500 to Barclaycard! I have also written to the Office of Fair Trading. Now going to compose yet another letter to Sir Hector Sants Head of Compliance Government and Regulatory Relations regarding the blatant disregard of the law by employees of the Executive Office of Barclaycard.

Will write to Information Commissioner tomorrow, time to get a couple beers.

[Enforcer]

Re: Barclaycard &amp; Right of Set Off

I have now sent updated information to Trading Standards. Can anyone help me regarding Unfair Terms in Consumer Regulations 1999.
I have previously written to OFT who replied, and suggested that FSA dealt with these matters, but also said that the FSA could not help in the case of an individual. Shame that I am an "individual" we obviously don't count.
I then spoke to Trading Standards. Re Unfair terms.

Trading Standards had a meeting with their solicitor, Rob Brown, who deals with legal complaints for Powys County Council.

His reply to TS was that as I had "accepted" section 16.3 of Barclaycards terms and conditions for over 6 years, my complaint was now "statute barred." Trading Standards obviously could not help with my complaint.

Surely this cannot be the case.

Any legal advice on this would be appreciated. The Banks need to be stopped from using Unfair Practices.