Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Not too sure if anyone can help on this but i am googling like mad and not finding the answers that i am after...
Basically i have a gambling problem which means i am classed as a compulsive gambler...
I had been using my Barclaycard over a 5 day period to deposit funds in and out of my account, when i first used my card barclaycard refused the transaction online and then 2 minutes later i received a phonecall from the fraud department saying that a transaction had just been made to an online betting site and was this okay with me? Of course i said yes and i was allowed to deposit 5 minutes later...
Anyway over the 5 days i lost around 2.5k - this included money back on the card and depositing more money, but my overall loss was 2.5k
Of course without fail this is completely my fault due to my addiction but do the credit card company have a duty of care towards me to not allow these stupid and silly amounts of transactions?
Should the credit card company have not seen the past 5 days of transactions and the amounts being depsosited to be worried or concerned that i was spending this amount of money on my card? They called me originally to ask if okay to deposit to an online betting site but they never showed any care towards the amount i was spending at the site...
Will be very interesting to hear any views or opinions as i am looking at claiming the money back on the lack of duty of care angle...
I am also seeking help for the addiction of course...
Hi, Sorry, I don't think they have, the fraud department rang you to check that it is ok that the transaction went through and you said yes, they HAVE checked with you first on a transaction like this, so they have shown a duty of care.
I am sorry, I think it unlikely that you will be able to claim anything against Barclaycard
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Im sorry to say but i dont believe that his would be the case, the credit card cannot be held accountable for your addictions im afraid,
the credit card can be held liable for faulty goods purchased on the card under the consumer credit act but in this scenario it simply wouldnt be hte case
when i first used my card barclaycard refused the transaction online and then 2 minutes later i received a phonecall from the fraud department saying that a transaction had just been made to an online betting site and was this okay with me? Of course i said yes and i was allowed to deposit 5 minutes later...
the problem here is the credit card has carried out more than is necessary with regards to any duty of care, they would also argue that you have a duty of care to them insofar as not to act irresponsibly with your spending. i dont believe that you have any grounds to claim anything from the credit card company
i would suggest speaking to a counseling service if you aren't already to address the addiction
I'm more or less with everyone else on this. It would be preposterous to expect a credit card company to provide a duty of care to an alcoholic using their card in their local booze busters and this seems little different to me.
Good luck seeking help should you choose to though and hope you beat it
All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!
17/10/2006 Recieve claim against me from lloyds TSB for £312.82
18/10/06 S.A.R - (Subject Access Request) sent
03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
19/06/07 Letter from court stating Lloyds have made a cheque payment to court
I agree, Barclaycard are not at fault. If you are unable to resist using the card for gambling, it would be far safer to stop having credit cards at all.
I agree with all the other postings. Why should they pay you back only to have you continue with your claimed addiction and waste that as well.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
It is very sad that you have got this problem, it is one that is very hard to kick as is any addiction. However, the way out of this problem is down to you. You can't blame BC for this. If you have remaining credit, a suggestion I would make is to chop up the card before you fill it up with debt.
I had a quick google and came up with this, I am sure there are other groups which do a similar thing. Welcome to Gambling Therapy
Please let us know how you get on with this, I hope you can turn things around. Just an idea... we have a quit smoking forum, if you like you can start off a new thread in there, it is just another form af addiction after all, you will get a lot of support.
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
But first and the most important factor in giving up any addiction is that you have to want to give it up to start with, that is 99% of the addiction gone.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
One way around it is to use a daily/weekly limit, most betting sites have this facility.
You could try some of the gambling charities for help, but I would suggest that the first step is YOU deciding that you want to give up. Then write to the firms where you have accounts and have them closed indefinitely and state that you have a problem and that you do not want the accounts re-opened.
Good luck, as the responses suggest you cannot blame Barclaycard, they have actually be responsive by checking the transaction. How would you have reacted if they had stopped a transaction and the horse/team had won?
Duty of Care Gambling Barclaycard
Reply With Quote
Re: Duty of Care Gambling Barclaycard
