Barclaycard & Right of Set Off

[Enforcer]

Re: Barclaycard & 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.

Forgot to mention.

I wrote to Sir Hector Sants Head of Compliance, Government and Regulatory Relations. At Barclays Bank Plc on the 16th February about this.

As an Honourable Gentleman and a Knight of the realm, he is obviously not interested in replying to me as an individual.
More than likely thinking about where to spend his next "Bankers Bonus." Another future Barclays millionaire perhaps?

[CAPS ESC]

Re: Barclaycard & 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.

If that was the case then aren't all contracts (the T&C's)void after 6 years

[Enforcer]

Re: Barclaycard & 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.

Update.
Have just e mailed further information and copies of letters to the editor of Which Magazine. Lets see what their legal contacts make of this farce.

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks for being a mind of information Niddy.
Now lets move on as per your recent comments.
Their can be no disputing that section 16.3 of Barclaycards terms and conditions are effectively a "security" as this condition only applies to holders of Barclays Bank accounts. A means of obtaining security against an otherwise unsecured credit card.
CCA 1974 Section 87.-(1) Service of a notice on the debtor or hirer in accordance with section
88 (a "default notice") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-
(e) to enforce any security.
88.-(1) The default notice must be in the prescribed form and specify-
Well. The 2 default notices, Both from Mercers, dated 26 December 2011 and 30 March 2012 are NOT in the prescribed form. Both for different amounts, served under section 87 (i) and not 87 (1).

I will now send another letter to the Executive Office, pointing out their error and asking for a refund, plus charges incurred.

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
Letter received dated 6 April 2013

Once again Barclaycard "executive office" have refused, in writing, to correspond with me any further with regards to my Section 78 request.

Will have to wait and see what comes back from the FOS or OFT.

God help any DCA's who try to collect on this one!

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

That's a FOS issue now mate. Treat that shyte as a final response.

Don't get arsey with FOS. Try and get them onside matey

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks Niddy.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Your basis of complaint speaks for itself however don't waffle on quoting law and regulation. Literally have one paragraph with it all in and go along the lines of "Barclays refuse to adhere to OFT Guidelines regards CCA's irrespective that s.78 states otherwise. Likewise, in line with s.87 & s.88 CCA1974, Barclays have not yet to date blah blah blah"

You get the drift. Stick to facts mate. If anything attach this to your FOS complaint (send it electronically via email) --> allaboutFORUMS

The document is in that post by Elsa.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

^^^ oh you'll love that document lol. That's a minefield of info

[Enforcer]

Re: Barclaycard & Right of Set Off

Already referred FOS to this document.
Thanks Niddy.

[Enforcer]

Re: Barclaycard & Right of Set Off

Complained to FOS in writing on 25th March 2013.
Received reply today.
Thank you for contacting us about your complaint. blah blah.
I have written to Barclays to let it know that you have a complaint. It should now contact you for details of the complaint, if it does not already have them. If you do not hear from Barclays within the next few days after receiving this letter, you may wish to contact it at the address given below, mentioning that we have already written to them. It should issue a final response in writing within 8 weeks of the date it receives the complaint--------. On receipt of Barclays final response, if you feel it has not put things right for you, or, alternatively, if you have not heard from it after those 8 weeks, please complete the enclosed complaint form, and send it to us along with any supporting documentation.

I have returned any papers you may have sent us in case you need to refer to them.
We will take no further action unless you contact us again.


I cannot believe this letter.
Barclaycards statement that "we would not correspond with you any further with regards to your Section 78 request"

Obviously the FOS do not consider this to be a "FINAL RESPONSE"
Are they on the same planet as the rest of us???

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
Reply from OFT.
Consumer Credit Act 1974 (the Act)
Complaint Against: Barclays Bank Plc t/a Barclaycard
License No: 005116
Thank you for your further letter dated 25 March 2013, regarding your complaint against the above mentioned trader and Section 78 CCA.

I note that you are aware of OFT guidance of sections 77/78/79 of the ACT (OFT 1272). I should stress that this guidance represents the OFT's views on this matter rather than a definitive legal position.

Further to this, please note that many of the matters raised may hinge on facts which can only be determined by the higher courts and as such the OFT is unable to offer further advice, in addition to that contained in the guidance , on this matter.

Ok. This is from the OFT.

Please may I request that all of our members, pay money into Barclays Bank Plc.
With a view that you are voluntarily donating your cash. Don't expect to get it back. They can help themselves, pay themselves a large bonus, and no one will query it, unless you can find the funds to take them to a "higher court". I hope that we have some wealthy members.

Guidance does not work! We need laws! What is the point of OFT and "Guidance" or the FOS who do not have a remit over the enforceability of agreements?

Our Banking system is totally unregulated. Barclays are taking the P--S

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
Letter from Barclaycard "executive office" received today, date 12 April 2013.
Thank you for taking the time to get back in contact with us regarding our reply to your recent complaint.

Your correspondence is being dealt with by this office and we aim to resolve matters by 26 April 2013.

We want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully. Should you have any immediate queries, please contact us on the telephone number above and we will be happy to assist you.

Well, lets see if they do reply by 26th.

Niddy helped me with this letter to them. May have passed it Mod's
I wait with baited breath!

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
Received a very interesting letter today from Barclaycard "executive office" sent by Gemma Anderton Senior Customer Relationship Manager.

Some extracts.

You advised that only one default notice may be applied to an account, I must advise that this is incorrect and there is no legal bar on sending out more than one default notice to a customer at different times.

You claim that the default notices issued to you were defective as the default notice was served under section 87 (i) as opposed to section 87 (1). May I explain that the i signifies roman numerals and as such indicates a number 1. I am therefore, unable to agree with your claim.

You queried how the formal demand for payment sent to you on 1 August 2011, can be compliant when you had not received a default notice that complies with Section 88 (1). I can confirm that the default notices issued to you on 26 December 2012 and 30 March 2012, fully comply with Section 88 (1). (note she should have said Dec 2011)

You have advised on a number of occasions that you did not ask for the Section 78 request in 2011. If I may explain, when you wrote to us you made several references to the credit agreement under CCA 1974, which we must treat as a section 78 request, as this is the section of CCA 1974 which gives a customer the right to a copy of the executed agreement.

If a complaint is raised relating to a section 78 request, once we have fully complied and a final response has been issued, we would not action this request again. This matter was dealt with previously under complaint reference ---- hence, we are satisfied that we have met the requirements imposed by Section 78 of the CCA 1974 and we are under no obligation to provide you with any further documentation or information.

It is clear from the copy of your agreement that there are signs indicating our acceptance of your application, this is shown in the references added and the bar code attached, which confirm our acceptance and subsequent processing of your agreement.
(they obviously do not believe that they have to sign the agreement!)

In addition the Terms and Conditions, including the prescribed terms would have been on the reverse of the page at the time it was signed.

Comments please.

[oscar]

Re: Barclaycard & Right of Set Off

I think you are going to struggle.

IIRC, a default notice is simply a missed payment - you defaulted, a Sec 87 / 88 deault notice is different - if what you have written is carbon copy, then Gemma is correct I feel. You can only be defaulted once - but you enter default more than once as you are given the oppotunity to rectify within a given timescale.

She is also corect regards Roman numerals - the arguemet over i or 1 is a poor one.

The wrong date (year) can simply be put to a typing error.

My opinion is she is also correct regards Sec 78. You dont need to write on a letter THIS IS A COMPLAINT for it to be treated as such - the same can go for Sec 78 - you may not have directly requested it, but your letter, BC obviously feel was open to interpretation.

They didnt sign the agreement then - but they can sign it now ..... Sec 78 doesnt have to contain a signature.

Your only true valid point (IMHO) is whether the T&Cs were on the reverse or not.