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No Statements from 'Inactive' Barclaycard
Sheepies
Posts: 11 Forumite
I've got a Barclaycard that is included in my DMP but, due to a different complaint, they 'deactivated' my account so it wouldn't end up defaulting. This is cool for the most part but it also means I can no longer log on to check my balance and they don't send me any statements at all.
When I queried the statement part, they said, because it's inactive, they no longer have a CCA obligation to statement it but that doesn't sound right to me, I thought it was every 12 months regardless, especially when I'm paying every month.
Could someone in the know please confirm if this is ok? Thanks!
When I queried the statement part, they said, because it's inactive, they no longer have a CCA obligation to statement it but that doesn't sound right to me, I thought it was every 12 months regardless, especially when I'm paying every month.
Could someone in the know please confirm if this is ok? Thanks!
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Comments
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I'm not experienced on the legalities -but my view would be that if you still owe them money and you are paying them via a DMP, they have an obligation to send you statements showing the account balance. You could of course say that if they refuse to send a statement, you'll stop paying them until they do.0
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Yeah, that's what I thought too, thanks0
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Hi Sheepies,
I think you should raise this as a complaint with Barclaycard and ask them what they mean by 'deactivating the account'. I cannot see why this would prevent/ exclude them from needing to send you the 12 monthly statements, but you could need to ask which part of the consumer credit act they are referring to.
If they fail to resolve this to your satisfaction then you can take the matter to the Financial Ombudsman Service.
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Hi Sheepie I've a barclaycard and its the only one that has never defaulted. for a while they were charging me low interest about 6%, then it crept up as my balance went down. Finally in august 2016 Just after my DMP budget review they applied full interest and put my status on credit reports to ok. I queried this, they said they couldnt do anything becuase i could afford above minimum payments. Anyway, roll on 2 years and since then i've not been defaulted, dont think i've had a statement annually but credit report still says ok, and what i pay is coming off the balance =, with no interest applied. I'll have paid it off in November so have decided not to rock the boat and just get it out the way. They are a funny bunch, but for a while its actually not been against me. Good luckLBM Sept 2012
started DMP 1.11.12
Debt [STRIKE]£37012[/STRIKE]/£0 DFD January 2019 :beer:0 -
Thanks very much, Laura0
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as long as your account is not sold to a debt recovery company Barclaycard will have to send statements to you at any cost0
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Sec 77A Statements to be provided in relation to fixed-sum credit agreements
(1) The creditor under a regulated agreement for fixed-sum credit must give the debtor statements under this section.
(1A) The statements must relate to consecutive periods.
(1B) The first such period must begin with either
(a) the day on which the agreement is made, or
(b) the day the first movement occurs on the debtor's account with the creditor relating to the agreement.
(1C) No such period may exceed a year.
Failure to provide a statement will result in :
(6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor
(a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance;
(b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and
(c) the debtor shall have no liability to pay any default sum which shall fall due.
Barclaycard are wrong here.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks very much0
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