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**Enforcer** · 24 April 2013, 20:59

Re: Barclaycard & Right of Set Off

Update.
Phone call from Financial Ombudsman Service.
They are taking on my complaint regarding Barclaycard and their refusal to provide a Section 78 compliant request!
This could be interesting.

Gemma Anderton from the executive office of Barclaycard stated that she would not be re-issuing FOS rights.
Looks like she has been over ruled.

**Never-In-Doubt** · 24 April 2013, 21:04

Re: Barclaycard & Right of Set Off

The FOS have to take it on mate, as I said. It's a valid request and the bank have no say on whether they will comply, they will be told to if they refuse.

Make sure you request compensation for the hassle as well..... from the FOS (around £100 ought to be enough)

**Enforcer** · 9 May 2013, 18:37

Re: Barclaycard & Right of Set Off

Reply from OFT.
Simply cannot help, not within their remit, because I am an "individual"

**Never-In-Doubt** · 9 May 2013, 19:04

Re: Barclaycard & Right of Set Off

Typical response but they will look into it. They're bound by their own rules to investigate all complaints.

**Never-In-Doubt** · 9 May 2013, 20:11

Re: Barclaycard & Right of Set Off

ps you need to email me the right document mate

**Enforcer** · 9 May 2013, 20:23

Re: Barclaycard & Right of Set Off

My mistake, sorry.
Here is the reply I should have sent

**Never-In-Doubt** · 10 May 2013, 06:17

Re: Barclaycard & Right of Set Off

I'll sort your letter at some point today for the FOS mate - just a bit busy right now (yea at this time of the day!)

**Never-In-Doubt** · 10 May 2013, 06:43

Re: Barclaycard & Right of Set Off

I would look to appeal the FOS decision by responding (via email) with the following mate - see what that does...

Dear Ms Grant,

Ref: xxxxxxxx

I write with reference to your letter dated 9th May 2013. Unfortunately it appears you're missing the reason for my complaint, and struggling to come to terms with what it is I am actually asking of the Service.

You need to totally disregard any and all previous complaints I have made to Barclays. This complaint is brand new and specifically relates to their ignorance of the Consumer Credit Act. Nothing more, nothing less.

There is no previous complaint to link to, this complaint was straight forward enough from outset and literally was formed because Barclays keep refusing to reissue s.78 documentation when the Consumer Credit Act and the OFT Guidelines state otherwise.

I won't go over old ground again but in Layman terms the Act itself clearly states;

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to —

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

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

Now as you can see from the above; I am well within my rights to request a new s.78 request every month if I so wish, this is concise in the Act as detailed in the above text. It is this sole reason that I am complaining, so in theory I could (if I wanted to) request a new s.78 every month and if the bank refuse, could then complain to the Service for non compliance of regulation.

What part of that do you fail to grasp and why is it so obviously difficult for you to understand that this complaint has absolutely nothing to do with any historical complaints made against this organisation.

You'll find I did state in my original complaint, quoted again by you in your letter of 9th May 2013;

“I can assure you that this is in no way a duplication of any previous complaint. My previous complaint was over whether Barclaycard had a right of set-off. This complaint is quite simple, Barclaycard are refusing to supply a copy of documents as requested under the regulatory legislation. CCA 1974 section 78 (3) (b).”

Which again reiterates what I am saying here today.

I am getting sick of tired now of being passed around and fobbed off. All I want is for the organisation to supply me a copy of any alleged credit agreement in line with s.78 of the Act - that is not too much to ask for now is it? All other financial organisations in the UK adhere to the Act so why are Barclays so different, in your view?

Please also treat this letter as a formal complaint about the way I have been treated by the Service. I wish for you to escalate this whole matter to your line manager for investigation because clearly you do not understand the merit of consumer complaints and instead prefer to work to your view which as I've proven already, is quite incorrect.

I look forward to hearing from you in due course.

Yours sincerely,

Enforcer

**Enforcer** · 10 May 2013, 06:49

Re: Barclaycard & Right of Set Off

Thanks Niddy.
Will deal with it when I get back from work tonight.
Cheers Mate.

**julian** · 10 May 2013, 06:55

Re: Barclaycard & Right of Set Off

I just wondered whether the FSA in their new guise may be interested in this aspect of Consumer Protection. It may be useful to shine the light of reality in their eyes whilst they are still having their brainstorming session and working lunches to decide on the colour of the logo on their response letter headings.

The majority of policies and planning in FSA was made by bright young things, some on loan from the larger accountancy companies and recruits on the promotion ladder from the financial services and banking areas who like to be poachers before they become gamekeepers. I expect they have transferred lock stock and barrel to the FCA.

Working in Canary Wharf, they are not necessarily used to the issues of debt, as the recruitment policies would not let them past first base. As youngsters they will not have much debt in their life working on a good salary. As they are recruited on the old school tie basis, their school fees would have been greater than the average wage so they will not have the family debt either, unless they are gentlemen farmers who declare debt as an asset. They need to be educated in the life of the man on the Clapham omnibus.

**Enforcer** · 11 May 2013, 10:27

Re: Barclaycard & Right of Set Off

Does anyone think that a letter to the Financial Conduct Authority would achieve anything, or are they just a clone of the FSA who will not act in the case of an "individual".
Would I be wasting my time?

Any comments appreciated.

**Enforcer** · 11 May 2013, 10:31

Re: Barclaycard & Right of Set Off

Originally posted by Never-In-Doubt View Post

I would look to appeal the FOS decision by responding (via email) with the following mate - see what that does...