barclaycard account suspended

TinaK_3

Back in November 2011 we sent off a letter as per your template requesting details for our credit agreement regarding PPI, having heard nothing back other than a letter acknowledging receipt i called Barclaycard on the 17th of Feb to find out if any progress had been made. I was offered the chance to cancel the PPI payments on our credit card account then and there which i duly did and was told that a claim for refunding the previous payments would be initiated.
Two days later i recieved a letter dated the 16th Feb stating that as they could find no details of our credit agreement and that we posed a signifcantly increased risk that we may cease to make payments to our account that they were suspending our account with immediate effect!
I called BC this morning to confirm this was the case and after some dithering they did admit this was the case and could offer no time scales as to how long this situation will continue.
Is this something i should be worrying about? Is there anything i can do? Obviously not having access to our credit card is annoying and inconvenient.
We have had the account since the mid 80's and have NEVER missed a payment, and in the last year or so we even make the payments by DD.
Your thoughts??!!

dunstonh

Is this something i should be worrying about? Is there anything i can do? Obviously not having access to our credit card is annoying and inconvenient.

For some reason they have interpreted your request as a precursor in trying to get out of paying. You didnt by any chance ask them to send you the credit agreement did you? If you did, then that is typically used by people trying to get out of legal debts.

So, to protect themselves, they have suspended you from adding any more to the debt until such time that you make a new agreement with them.

TinaK_3

Yes we did ask for a credit agreement which was the letter from Martin Lewis' template for claiming back ppi. Should we expect to get a new credit agreement from barclaycard to sign??? Interested to hear your comments.

dunstonh

TinaK wrote: »

Yes we did ask for a credit agreement which was the letter from Martin Lewis' template for claiming back ppi. Should we expect to get a new credit agreement from barclaycard to sign??? Interested to hear your comments.

Unfortunately, the instructions on this site contain errors and can create the very problem you have got. It could really do with a re-write as we get frequent posters on the forum coming up with issues due to that article.

I would recommend that you contact barclaycard and tell them that you have no intention of going for unenforceable credit and are happy to complete a new agreement to allow the card to continue in force.

Jojo1972_2

How did you get on tinaK?
I, like you have had my barclaycard for some time and only just realised I had Ppi added every month! I received one of the suspended letters this morning which like you found this to be very inconsiderate as my balance is on £ 0 at the moment and I do use my barclaycard on a regular basis. Keep me posted!:o

dunstonh

I received one of the suspended letters this morning which like you found this to be very inconsiderate as my balance is on £ 0 at the moment and I do use my barclaycard on a regular basis.

How is it inconsiderate? They have found that they have no means to get you to pay a debt should you default. So, it is only logical they turn off the facility. You would in their shoes.

FeelStupid

dunstonh wrote: »

How is it inconsiderate? They have found that they have no means to get you to pay a debt should you default. So, it is only logical they turn off the facility. You would in their shoes.

This also happened to me, I received enough ppi from other sources to clear my Barclaycard completely, but to me it's intimidation pure and simple.

I was a customer of theirs for 23 years, but two weeks after cancelling ppi and instigating a complaint, they suspended the card. It's sending a message they hope gets around.

andylatham

I too have received this reply from Barclaycard today. Firstly they did not reply, or acknowledge my initial letter, within the 12 day period we are told they have to reply within. Secondly they sent this reply that my card is going to be suspended.

It seems unfortunate that after following the template given on this site I am now not going to be unable to use a card(s) that I use on a regular basis.

However my particular point is this:-

If, they have lost the agreement and so (by their own acknowledgement and some of the the words on this forum) the debt is un-enforceable, then am I under any legal obligation to repay the debt?

If not, then I am happy to settle for this amount rather than the PPI I was trying to reclaim !

Barclaycard make some comment in the letter about reporting me to the Credit Reference Agencies if I default, but again, if there is no agreement, then surely there is no offence commiited by me defaulting on the debt, for them to report? So would it then be illegal if they did report anything negative to the Agencies?

Furthermore, if I were to default, then as there is no agreement, surely they would not be able to continue adding interest either and so effectively I could walk away from the debt.

This certainly was never my intention when I started this claim, however I would appreciate any advice from someone who understands these matters, whether this is now the reality of the situation.

I look forward to any replies.

Thanks.

Leon_W

Why don't you just pay your debts andy ?

Enforcable credit agreement or not, you know it should be paid back, or are you yet another free-loader who expects all Barclays other customers to pick up the tab for your suspect morals ?

andylatham

Dear Leon,

My morals are, and always have been, impeccable thank you !

I would question though the morals of a bank who can take millions of pounds in PPI payments from loyal customers who would never have received a penny if they ever tried to claim on their policies.

I can assure you I settle all my debts, but I am certainly interested in reclaiming payments I have made for 30 yrs. for a mis-sold policy.

I am merely posing a series of questions in response to the bank volunteering the information that the policy is un-enforceable.



Andy.

dunstonh

This also happened to me, I received enough ppi from other sources to clear my Barclaycard completely, but to me it's intimidation pure and simple.

It is not intimidation. Your request has put them in this position. They cannot locate the original agreement and therefore cannot enforce the debt in a court of law. So, quite logically, they prevent you from borrowing any more money until such time that an agreement is in place.

If, they have lost the agreement and so (by their own acknowledgement and some of the the words on this forum) the debt is un-enforceable, then am I under any legal obligation to repay the debt?

You still have a debt. They just cannot take you to court if you do not pay it. However, they can register the debt as a default and refusal to pay and that will kill your ability to get credit again with anyone.

Barclaycard make some comment in the letter about reporting me to the Credit Reference Agencies if I default, but again, if there is no agreement, then surely there is no offence commiited by me defaulting on the debt, for them to report? So would it then be illegal if they did report anything negative to the Agencies?

The courts agreed 2 years ago that they firms can register it as an unpaid debt. So, it is legal for them to do it and common sense.

I can assure you I settle all my debts, but I am certainly interested in reclaiming payments I have made for 30 yrs. for a mis-sold policy.

If it was mis-sold then why has it taken you 30 years to complain about it? PPi didnt actually exist 30 years ago.