Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Me v Barclaycard

    Hi was wondering if anyone could help me. CCA,d Barclaycard last week today around 3.15 a man came to the door from Scots.... something or other to discuss my barclaycard. I told him account was in dispute, he asked if I had written to Barclaycard I told him Yes he said he would contact them and asked me for a contact no. I gave him my mobile number but told him I wanted Barclaycard to contact me in writting only. Should I have given him my mobile no? Still in shock that someone has actually called at the door. Any advice on what I should do?


  2. #2
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    Default Re: Me v Barclaycard

    Hi Nancy,

    You should have told him to leave, not spoken to him further and closed the door.

    You'll have BC harassing your mobile now but just refuse to answer their security questions and hang up. They'll get bored ............ eventually.

    BC will not send you the Credit agreement. Read other threads here and you'll see what's going on at the mo.

    Are there penalty charges on the BC account and have you done anything about reclaiming these. Read the Reclaiming Guide at Link No1 in my signatureicon below.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  3. #3
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    Default Re: Me v Barclaycard

    Hi Slick
    Thanks for that. He really took me unawares. Going to send off SARs tomorrow.


  4. #4
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    Default Re: Me v Barclaycard

    Had 5 calls today 3 on my landline 2 on my mobile. I answered my mobile it was mercers I wouldn't go through any details with them,asked them where they got my number from she said she wouldn't tell me that until I confirmed my DOB. I told her I wasn't going to answer any security details with her then hung up. A few minutes later I received a text message to contact them blah blah blah. As I only have this mobile number 3 weeks I can only assume she was given the number from the man from Scot..... whatever who called at my house.


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    Default Re: Me v Barclaycard

    That would be the obvious conclusion.

    Don't be surprised if this phone no. gets passed onto any other DCAicon's who may be after you as I'm sure they pool their info.

    Just ignore their calls - they'll get the message ........... eventually.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  6. #6
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    Default Re: Me v Barclaycard

    Had another 6 missed calls from Mercers today. Then about 5 minutess ago had another doorstep visit. Told him I wasn't going to speak to him as account was in dispute. He said it would be better if I spoke to BC I told him I wouldn't speak to anyone until I received the information I requested. Should I send off a harrassment letter to them?


  7. #7
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    Default Re: Me v Barclaycard

    Sorry but has anyone else been having these doorstep visitsicon from this company Scot.................some thing or other ?


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    Default Re: Me v Barclaycard

    Hi Nancy,

    I've heard of Scotcall but they're a DCAicon.

    Power2Contact are well know as doorsteppers.

    Anyway, it doesn't matter who they are. Next time anyone calls, say nothing and give them this - http://www.consumeractiongroup.co.uk...eats-home.html

    Send a copy of this to BC now as well.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  9. #9
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    Default Re: Me v Barclaycard

    Just received another 3 calls from Mercers they are now withholding their number. Thanks Slick for your reply but was unable to link on to attachment.


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    Default Re: Me v Barclaycard

    Sorry, my fault. Send them this letter and keep a copy by the front door for next time, just in case.

    Dear sir or madam,

    Account Ref xxxx

    Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

    Furthermore, I have received 2 visits to my home. Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you, or your representatives.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).


    Therefore take note that I revoke license under Common Law for you or your representatives to visit me at my property. If anyone does visit again, the police will be called on the grounds of trespass.

    Yours faithfully,


    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  11. #11
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    Default Re: Me v Barclaycard

    Hi Getting a bit pee,d off at the minute despite asking the cretins at Mercers not to ring me anymore and sending the above letter, I am still getting on average 6 caslls a day on my landline and mobile. I have also received 3 postcards telling me that someone would be calling 10/4 11/4 & 13/4 Good Fri Sat & Easter Mon?????????????????????? ??? Do these people not get Bank holidaysicon off?


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    Default Re: Me v Barclaycard

    Hi Nancy,

    Please don't get stressed out at the thought of a call form these folks.

    Just hand them a copy of your letter and ask them to leave. No discussions, close the door (if you opened it) and walk away.

    Also, see here - http://www.consumerforums.com/resour...ep-visit-.html

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  13. #13
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    Default Re: Me v Barclaycard

    Quote Originally Posted by nancyspain View Post
    Hi Getting a bit pee,d off at the minute despite asking the cretins at Mercers not to ring me anymore and sending the above letter, I am still getting on average 6 caslls a day on my landline and mobile. I have also received 3 postcards telling me that someone would be calling 10/4 11/4 & 13/4 Good Fri Sat & Easter Mon?????????????????????? ??? Do these people not get Bank holidaysicon off?
    Hi nancyspain
    I just got a lettter from Scotcall!so looks like my hubby will be getting some visiters! They will be wasting their time as i am at work most of the day and no one will be answering our door unless we know who it is!At least looking at your thread has given me some warning about what to expect!


  14. #14
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    Default Re: Me v Barclaycard

    Still no cca. Despite telling these people Mercers not to ring me and sending the above letter I am still getting calls and text messages

    They have started ringing me from new numbers now 01514710079 & 01514710111 ( does this mean I am a vip now lol). Answered a call on Sat from 01514710111 told the guy there I was unwilling to discuss matter over the phone he stated because they where Mercers they could ring because Barclaycard where no longer dealing with account. I replied 'But you are the same company' at this he hung up.

    Any ideas as to what I should do now. So far 8 calls Sat & Sun and so far 2 calls today and text message.


  15. #15
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    Default Re: Me v Barclaycard

    Hi Sunflower

    So glad I'm not on my own here. Just getting a tad Pee'd off with these cretins.


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    Default Re: Me v Barclaycard

    Hi, Nancy.

    This thread might help..........

    http://www.consumeractiongroup.co.uk...tion-plan.html

    Regards.

    Scott.

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  17. #17
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    Default Re: Me v Barclaycard

    2 more calls from Mercers last night I told first girl on the phone I was recording the call she said ' you can't do that' I told that yes I could, she then hung up. A few minutes later another girl called I told her the same that I was recording the called she said ' that's all right Mrs.... we record all our calls now you owe blah blah blah' I told her that she wasn't speaking to Mrs....... She then said 'get her to ring Mercers' obviously she was willing to tell whoever answed the phone all my business.


    Got 2 letters this morning from Barclaycard in response to CCA both contained photocopies of T/C'S with 1996 Barclaycard T/C typed on the front. No agreement.

    As I know there are a lot of charges on these accounts should I send them SARicon request ( if so do I send £10 per card or just £10 for both) or should I just send them account in dispute letter?


  18. #18
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    Default Re: Me v Barclaycard

    Hi. you just send one £10 to cover everything they hold on you, irrespective of how many accounts are involved. You are applying as yourself, not the holder of account number xxxx xxxx xxxx xxxx.

    Cheers, T.


  19. #19
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    Default Re: Me v Barclaycard

    Nancy,

    If you have more than 1 a/c with any bank or CCard, one SARicon should get you info on ALL a/c's.

    Help them by specifying the a/c nos. as well.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  20. #20
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    Default Re: Me v Barclaycard

    and just to make sure its crystal clear... list everything you want to get back.

    The template letter on this site has an annoying sentence in it due to being mainly used for bank statements...

    Says " Alternatively, a complete set of statements for that period will be acceptable"

    Take that out as I've seen it on a Barclaycard defence to a SARicon incomplete case.

    S.



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