morgan stanley or barclaycard ***DELIGHTED**

[brindles]

hi all,
i am or was about to start a claim against morgan stanley for unfair charges but they have now become barclaycard. i have only been moved over to barclaycard within the last 4 weeks. i see in my credit file that barclaycard have entered data back to october 2004. i have had this account for more than 10 years. i am confused. do i go straight to barclaycard or do i start with mogan stanley? i suspect that if i contact Barclays 1st they will say something like "sorry we just got this account so talk to morgan stanley..mmm i can only guess what morgan stanley will say.

can you please advise how to begin please.

also do Subject access request work for all companys including accounts with local authorities or any one who has billed me for a service and or credit.

thank you very much for any advice please.

[slick132]

Hi Brindles,

If an a/c is now run by Barclaycard, you should address any letters to them.

If you want to reclaim charges on the a/c and need old statements, send an Subject access request to BC using the address on your last state't.

If you haven't yet read the Reclaiming Guide at Link No1 in my signature below, do so before you go on.

I believe an Subject access request can be sent to virtually any institution, to get info relating to you, under the Data Protection Act. The fee is £10.

[brindles]

thank you very much,thats what i thought. My main concern is that Barclays have only entered the last four years on my credit file. but it was four to six years ago i had difficultys and have paid out thousands in charges. its those two years im after. so i will send a s.a.r to barclaycard and i will let you know the outcome. i also see there is confusion of a contact address. i shal use the london one located in E14. while i sit here and wait i shall write to a few more creditors and i will start a new thread for each. there is a few so wish me luck. the chellenge begins. thanks again,,

[slick132]

Hi Brindles,

Use the address on your statement as I suggested above, or use this:-

BARCLACARD. PO Box 5592, NORTHAMPTON, NN14 1ZY

If you have to file your claim at court, then use this one - http://www.consumeractiongroup.co.uk...tml#post884522

[brindles]

hi again,
i sent a s.a.r to barclay card at the northampton address you told me on the 15/10/2008 and they recived on the 17/10/2008 recorded delivery. i recived a letter from goldfish thanking me and aknowledging recipt of my s.a.r and stating they have 40 days to comply from the 21/10/2008.

i am thinking my contract is with barclaycard and it is barclaycard that should be answering my questions. i also think that if they do not have the answers to my questions they should seek these answers and then supply them to me. not send me to my ex-creditor to deal with myself.

or should i just deal with goldfish. remembering i was originaly with morgan stanley. do i really have to deal with the two or even the three of them?

also, seperatelly i have send c.c.a and s.a.r to several other companys. should i start a new thread for each or just continue here.
i have seen in other post people have uploaded there letters from companys. should i be doing this also.

and last of all.....dont these things seem to take a looooong time. lol.

i have had a good look around this site and im trying not to ask questions or bother people but having a reply from goldfish not Barclays has confused me. please can you help as i just need a nudge in the right direction. thank you.

[slick132]

Hi Brindles,

As regards your other Subject access request and CCA letters sent out, please start a new thread for each individual a/c, or they'll get muddled up.

Don't cause yourself problems here - if BC respond by 40 days from the 17th, or Goldfish by 40 days from 21st, a reply with the required info from either will be fine.

Getting replies from the banks can be slow, so get used to hanging around for your postie. Deadline dates seem less important to the banks and, sometimes, there's little you can do about it.

[brindles]

wow thanks for the quick response. thanks you have calmed my fears.
could you please put me straight on two other things.

once i send a C.C.A., the receipient upon receipt has twelve working days to comply. if not, then they are in default and have a further 30 days after wich they will be comiting an offence punishable by a fine or inprisonment.
is this correct?

and if i send a S.A.R they have 40 days to comply.
after this are they also commiting an offence?

and sorry one more
if i send a C.C.A or S.A.R by recorded delivery and they decide not to accept it, where does this leave me? have they been informed and chosen to ignore it or have i not informed them.

also(sorry)

is a S.A.R done by my name or account number, as i have no details for some accounts i closed a couple of years ago.
if i send a S.A.R with just my name and address and telling them what type of account and previous address will this be enough for them or can they ignore it.

thanks once again, this advice is fantastic.

thanks again,

[slick132]

Originally Posted by brindles

wow thanks for the quick response. thanks you have calmed my fears.
could you please put me straight on two other things.

once i send a C.C.A., the receipient upon receipt has twelve working days to comply. if not, then they are in default and have a further 30 days after wich they will be comiting an offence punishable by a fine or inprisonment.
is this correct? No, recent changes mean there is is often no longer an offence commited. It was never criminal anyway and punishment doesn't come into it. They may be late in replying but don't fret about it - there are bigger things in life to worry about.

and if i send a S.A.R they have 40 days to comply.
after this are they also commiting an offence? No, but you can take court action to enforce compliance

and sorry one more
if i send a C.C.A or S.A.R by recorded delivery and they decide not to accept it, where does this leave me? have they been informed and chosen to ignore it or have i not informed them. Rec'd Del'y is just one option and generally they accept and sign for thousands of these. A free certificate of Posting or Special Delivery are also options which prove the recipent is considered to have rec'd your post.

also(sorry)

is a S.A.R done by my name or account number, as i have no details for some accounts i closed a couple of years ago.
if i send a S.A.R with just my name and address and telling them what type of account and previous address will this be enough for them or can they ignore it. If you don't have a/c nos. for any a/c's, go into your branch with photo ID and see if they can give you any help here. With your name, address, DoB and any other a/c nos which you DO have, they may be able to give you the a/c details. If not, you'll have to send an Subject access request with this info, and hope for the best.

thanks once again, this advice is fantastic.

thanks again,

..

[brindles]

once i send a C.C.A., the receipient upon receipt has twelve working days to comply. if not, then they are in default and have a further 30 days after wich they will be comiting an offence punishable by a fine or inprisonment.
is this correct? No, recent changes mean there is is often no longer an offence commited. It was never criminal anyway and punishment doesn't come into it. They may be late in replying but don't fret about it - there are bigger things in life to worry about.

so in that case, all the letter templates on this site that we are advised to send after 40 days for non compliance of a C.C.A or S.A.R, informing our creditors/ D.C.A.s they have commited an offence and to reduce the debt to zero are, no longer valid. as no offence has been commited.

oh dear i am again confused. im not thick but i do like to know the technicalitys. mmm wish this had spell check.

slick132 i thank you again.

[slick132]

Hi Brindles,

If ya want to get technical.............

If you make a CCA request, the creditor must comply within 12 days. If they do not comply, they can't any take enforcement action until they do comply.

If the Agreement was signed before 2006 and they fail to comply within a further calendar month, they commit an offence (but not a criminal one).

When I give someone a follow-up letter to send, I try and see it doesn't use the "....offence committed after further 30 days......." bit.

This concerns CCA requests only and has nothing to do with an Subject access request.

Letters are still valid when, for instance, you ask for an a/c to be reduced to zero because of Non Compliance. This does not rely on whether an offence was committed. It relies on the fact that the debt is thought to be enenforceable.

Users can ask for an a/c to be reduced to zero after the bank has replied to a CCA request, when it is thought that the documents supplied by the bank fail, in some way, to meet the requirements of the Consumer Credit Act in.

Best place to read up on this is in the Debt Forums. See how cases pan out in there, and you'll get an idea of how this all works.

[brindles]

aha, think i understand. ok i just have to wait for goldfish to reply and see what arrives. just one more point please. if i send a S.A.R, should i get a copy of the original agreement as part of that request or is that only expected to arrive if i send a C.C.A.

thanks again.

[slick132]

Hi Brindles,

if i send a S.A.R, should i get a copy of the original agreement as part of that request.....

Yes you should, but NO you won't.

Although it should be supplied as part of the Subject access request, the CCA request seems to be the only effective way of getting the Credit Agree't.

[brindles]

thank you very much. i am very impressed with this site. you guys must work hard. brilliant.

[brindles]

hi again,

i have checked my dates and date of receipt by goldfish was 21/10/08 and by my sums plus 40 days takes me too. 30/11/08.

should these be working days or calender days please.

as i have worked it out by calender days.

thanks.

[slick132]

Hi Brindles,

I believe the 12+2 days are working days.

If the a/c was opened before 2006, they have a further calendar month to comply.

If it was opened in 2006 onwards, they have until 13th Nov to comply, after which they are in default and cannot take further action until they do comply.

[slick132]

Also, read here - http://www.consumeractiongroup.co.uk...agreement.html

[brindles]

it was pre 2006. goldfish received my S.A.R on the 21/10/08 so if i add 12+2 working days this takes me up to 7/11/08 and if i add 1 calender month this becomes 7/12/08.

oh....i have to be a bit more patient then.

this account went into default march 2003, i have heard nothing or more to the point i havent aknowledged this debt since then. like i said at the start, this debt is nearly at the 6 year limit.

so the longer it goes on the better i supose.

thanks again slick132

[slick132]

Hi Brindles,

Roughly what do you owe on this a/c.

Any idea how much you've been charged in penalties over the years.

When roughly did you last pay anything in respect of the a/c.

[brindles]

i have got through the dark period and this account is fully paid up to date and has been for the last two years. the 4 years before this i guess could easily be well over a 1000 if not two. just know it hurt at the time and they kick you when your down. late fee amost every month.

had this account for over 10yrs morgan stanley until recent then goldfish and very recent barclaycard.

when i say payed up i mean my payments have been on time although there is still an outstanding ballance of £1800 with a £2600 credit limit.

i supose i could just send a C.C.A and hope for the best as im sure i only filled in a slip that came through the door.

but i just want my unfair charges back. then if possible send a C.C.A request.

hope this answers your question. thanks.

[slick132]

Ahaa, from your earlier post, it looked like you'd paid nothing on the a/c since 2003 !! In which case the debt would have been almost Staute Barred anyway.

But all is now clear. When your charges data comes back, whack in a claim for repayment. It sounds like there could be a fair bit to come back.

I don't see a need for a CCA request, unless it's to help with removal of Default markers on your credit records.