Ombudsman & O/S CCA Request help please...

BlueIsTheColour

Hiya everyone,

Yet another CCA query for the people on here in the know....

In a nutshell, if thats possible, I have had ongoing "issues" with Barclaycard resulting in my reporting to the F.O for their treatment, this was way back in October, but wasnt allocated until Jan 09. At the end of Dec I sent them a CCA request and didnt hear back, sent them the default notice and still havent heard anything, and it had to got to the stage where I was receiving letters from their various agents about 2 or 3 times per week, to none!!!

However today I have heard back from the F.O with a load of guff response, but on it, it states that Barclays had placed my account on hold whilst the complaint was investigated, which was the first time I had had it confirmed, I just guessed due to the lack of communications from them, but did wonder if it was cos of the F.O or cos of my CCA requests?

My question, finally I hear you sigh, is will this "on hold" cos of the ombudsman complaint, affect their time limits under the CCA request rules etc? Although actually as I have written this post, I have rememebered I initially asked them for it in July last year :eek: and they never responded, and for various reasons I didn't follow it up with them until end of Dec.....

Any help on where I may stand now????

Thanks in advance, hope I have managed to make sense?

LilacPixie

AFAIK the CCA request should be seperate to the FOS complaint unless the creditor has specifically asked for a hold.

BlueIsTheColour

I don't believe the creditor asked for it, it says....

Barclays has now advised that your account has been put on hold until we have completed our review and strongly urges you to contact a nationally recognised debt counselling company before this occurs



Would have been good had Barclays informed me of that???

10past6

Hi BITC

BlueIsTheColour wrote: »

Any help on where I may stand now????

Your account is in dispute once they breach the legislation, however, have you made an "Official" complaint to BC?

Was your leter headed "Formal Complaint"?

BlueIsTheColour

Uh-oh 10past have I done something wrong? The letter on 30th Dec was headed Formal Complaint - Account in Dispute and then my letter dated 27th Jan contained the following.....and was headed Notice of Default

Following Barclaycard’s non-compliance, as stated above, this account is now in Dispute. And as such is bound by legislation as laid down in the Consumer Credit Act 1974 (plus revisions) and the Data Protection Act 1980 (plus revisions).

Please don't tell me I have c*cked it up????

10past6

2 seperate issues

Your CCA request being one issue

The treatment you've received being another issue

BlueIsTheColour

So, if its two separate things, they are still in default then, wel clearly they are, cos I made the original request in July, but the follow up letters were Dec/Jan, just don't want them saying that cos of the FO involvement, they have extra time or dont have to comply or anything????

Not that there was much point in involving the FO, my only satisfaction is that it cost them £450....

Thanks as ever 10past, you are a star!

10past6

BlueIsTheColour wrote: »

they have extra time or dont have to comply or anything????

The act does not allow them any extra time

BlueIsTheColour

Phew thanks 10past, will be interesting to see what happens now then! Am appealing against the FO decision anyway, why the hell not?