Barclaycard & Right of Set Off

[Enforcer]

Re: Barclaycard & Right of Set Off

Update.
6th July I sent the following e mail to FOS.
Just to say that the copy of the agreement that they "should" supply, is a reconstituted version of the attached. (I sent a photocopy of the original application form, as supplied by Barclaycard under a subject access request).
It does not have to show the signatures of both parties. (Just as well, because they never signed it). They should also send a reconstituted version of the prescribed terms that "would" have been on the reverse. Any statement of account must be signed. All of these documents are to be a true copy of my correctly executed agreement. That is, signed by both parties. Not as they tried to state, signed, and or properly executed. As you can see, the photocopy that they sent, is not clearly legible. Thank you once again.

[Enforcer]

Re: Barclaycard & Right of Set Off

E mail today from FOS.
Thank you for your email. I am still awaiting information from Barclaycard, but once this has been received I will review it in conjunction with your comments below.

Can't wait to see where we go next!

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Can't wait to see where we go next!

Sleep mate!

[Enforcer]

Re: Barclaycard & Right of Set Off

Yes you are right. Should be in bed by now! Early start again in morning.

[Enforcer]

Re: Barclaycard & Right of Set Off

Ok. Finally getting there. Received a reply from FOS adjudicator today.
Complaint
Enforcer complains that Barclaycard has not complied with a request he made under Section 78 of the Consumer Credit Act 1974 ("Section 78")

Circumstances

Enforcer has written to Barclaycard on several occasions, asking for a legible copy of his original agreement and making a request under Section 78. However, Enforcer considers that to date he has not received a satisfactory reply. Enforcer would like Barclaycard to comply with his request; Barclaycard says that it has already done so.


Findings


Our service is set up to independently decide complaints between consumers and financial businesses. We are an alternative to the courts, but we do not operate in the same way as a court. This is why we describe ourselves as an informal dispute resolution service. It is not for this service to act as the regulator of Barclaycard, which is the Financial Conduct Authority.


We have already issued a final decision to Enforcer, under reference 1100-1032, which explains we have no power to declare a credit agreement unenforceable. So, I have simply looked at Enforcers complaint as he presents it to our service.


With this in mind, it seems to me that this is a customer service issue, where Enforcer maintains Barclaycard is not providing him with the information he has asked for. It may be worth pointing out that, were I to uphold this complaint entirely, I would be at most considering a small award for the inconvenience Barclaycard may have caused Enforcer. Within the wider context of Enforcers about his agreement with Barclaycard, I am not sure if this is the resolution he is actually seeking.

Having reviewed the correspondence between Enforcer and Barclaycard, I note that it has provided him with a copy of his agreement, statements, and the terms and conditions of his account. Therefore, it would seem to me that Barclaycard has replied to Enforcers request and substantially acted within the guidance for doing so put forward by the Office of Fair Trading.

I say this, as the guidance is clear that a Section 78 request is designed to allow consumers to understand what is still owed and what their contractual obligations are. It seems to me that the information Enforcer has been sent allows him to do this.

However, I appreciate that the agreement Enforcer has been sent a copy of is not entirely legible, and I note that the Office of Fair Trading guidance suggests providing an additional template or write up of the information contained within that agreement. The guidance suggests, in section 2.29:

"If the creditor or owner has a poor quality photocopy or microfiche, it should retype it or repopulate a template of the relevant agreement form with the details of the specific agreement, so that a copy sent can be easily read"

Enforcer also suggests that Barclaycard has not provided him with a copy of the terms and conditions given to him at the time of the agreement. Having reviewed all of the correspondence available to me, this would appear to be the case. I note that the Office of Fair Trading guidance stipulates (in section 2.28) that a copy of the varied terms and conditions is not sufficient.

I would like to remind Enforcer that this service cannot rule on points of law, so I do not think that I am able to review this issue in any greater depth. Rather, I have simply considered whether Barclaycard has acted fairly and reasonably. It is my view that Barclaycard has, because it has acted within the spirit of the best practice guidance.

conclusions

I consider that Barclaycard has substantially complied with Enforcers request for information.
However, for the avoidance of any doubt I ask Barclaycard to provide the following documents to Enforcer:

A typed up version of his agreement, so that Enforce is able to read the writing on the agreement
A copy of the terms and conditions issued to Enforcer at the time of his original application

Any comments on the above will be appreciated. I have until 23rd September to reply.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Adjudicator ruling matey? Refer to ombudsman but in meantime I'll get clarity from OFT for you to take back to FOS

Sit tight. Bear with me I'll mail my OFT contact first thing

* still utter bollocks the rules are there for a reason!!!!

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks Niddy. Would Barclaycard be committing an offence by sending me a reconstituted agreement, after all, the photocopy quite clearly shows no signature by Barclays, only my signature.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

No offence. No mate!

[garlok]

Re: Barclaycard & Right of Set Off

Sorry to read this guys. However this is a clear example of why we have kept everything about Barclays/Barclaycard away from the Bankers Fobbing Off Service ( a term I have used in formal correspondences in the distant past). From my early reading it could easily be called the BARCLAYS Fobbing Off Service. Hence trying to build our cases over the history without them.

regards
G

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Yep it's deffo not right but as I say I'll speak to my senior contact at OFT and clarity here once and for all

[Enforcer]

Re: Barclaycard & Right of Set Off

Yep it's deffo not right but as I say I'll speak to my senior contact at OFT and clarity here once and for all

Thanks for all of your help and advice on this. I have replied to Katherine Grant at the Ombudsman service today, as follows.
I confirm that I have received your email of 9th August and would like to thank you for the effort so far. I believe that your conclusion does need to be altered slightly.

May I suggest that they provide: A typed up version of both sides of this agreement which "would" obviously contain a copy of the terms and conditions, "The prescribed terms", at the time of his original application. (As this has been consistently stated in correspondence from Barclaycard. "Terms and conditions, including the prescribed terms, would have been on the reverse of this page at the time it was signed".)

Can I also request that they abide by S78 by providing a signed statement of account. As you will have noted that Michelle O'Rourke Barclaycard Customer Services quite rightly in my opinion refused to sign the letter dated 21 May 2013.
Strangely though, Collette Henderson Customer Relationship Manager, also did not sign her letter dated 27 June 2013. I wonder why?

Barclaycard letter of 21 May 2013, unsigned, states: The current balance on your account today is £6,899.08. I attach copies of the last 3 statements in my possession, all show my current balance as £0.00. Confusing isn't!

Please confirm that these slight alterations are acceptable.

I am awaiting an email from a colleague before signing your Settlement Form but you will certainly receive a reply within the next few day.

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Has she awarded a financial settlement?

i wish you'd have waited before replying lol

[Enforcer]

Re: Barclaycard & Right of Set Off

Thanks for all of your help and advice on this. I have replied to Katherine Grant at the Ombudsman service today, as follows.
I confirm that I have received your email of 9th August and would like to thank you for the effort so far. I believe that your conclusion does need to be altered slightly.

May I suggest that they provide: A typed up version of both sides of this agreement which "would" obviously contain a copy of the terms and conditions, "The prescribed terms", at the time of his original application. (As this has been consistently stated in correspondence from Barclaycard. "Terms and conditions, including the prescribed terms, would have been on the reverse of this page at the time it was signed".)

Can I also request that they abide by S78 by providing a signed statement of account. As you will have noted that Michelle O'Rourke Barclaycard Customer Services quite rightly in my opinion refused to sign the letter dated 21 May 2013.
Strangely though, Collette Henderson Customer Relationship Manager, also did not sign her letter dated 27 June 2013. I wonder why?

Barclaycard letter of 21 May 2013, unsigned, states: The current balance on your account today is £6,899.08. I attach copies of the last 3 statements in my possession, all show my current balance as £0.00. Confusing isn't!

Please confirm that these slight alterations are acceptable.

I am awaiting an email from a colleague before signing your Settlement Form but you will certainly receive a reply within the next few day.

To continue. Niddy has said that he will get a reply back to me. The regulations also state, and also the letter from Barclaycard states "I would like to explain that Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of account.

The box for PPI was ticked on my application form. Barclaycard admitted that this product was miss sold and have already repaid me. Do they therefore have to provide information on the (any other document) mentioned in this agreement?


Perhaps a question for Paul or Niddys contact at OFT.

[Enforcer]

Re: Barclaycard & Right of Set Off

I have clearly stated that I am awaiting information before returning her settlement form. Thanks Niddy. I await your reply from OFT contact

[Never-In-Doubt]

Re: Barclaycard & Right of Set Off

Is there a £6k balance or is it now settled? If settled then they can ignore s.78 but if there's a balance they must comply