Thread: Gary68 V Barclaycard

Hi all
just a quick note for anyone claiming back charges.

I have been in dispute since before December and have cca barclaycard and Disputed since,
Ive got rid of mercers along the way and havent heard anything till I got my SAR back,so as you do,checked for charges and PPI, unfortunetly no ppi
plenty of charges(not enough to wipe the bill though).

anyway I always thought you could either disputed the debt or go for charges-but not both,

well I thought.....might as well sent a charges claim 1st letter £408,they settled at £363..im not arguing with that.
shame I wont see it though as its going back on to the disputed account.
easy come-easy go.

still wont get anything else out of me.

I thought I would highlight this incase anyone else is thinking of trying this to reduce a balance on a disputed account,

sorry mods cannot donate anything at moment (still skint)...but I will when I get real cash from my others...soon I hope

Thanks for the update.

A donation when you actually get something back would be great !!

Originally Posted by slick132

Thanks for the update.

A donation when you actually get something back would be great !!

Guaranteed.

small surprise victory in a long war

Oh Well back to the drawing board....received the letters below same time as everyone else including Angel 1

http://i407.photobucket.com/albums/p...BCARD1INFO.jpg
http://i407.photobucket.com/albums/p...BCARD2INFO.jpg
http://i407.photobucket.com/albums/p...BCARD3INFO.jpg

anyone with a nice reply letter please let me know,
in the mean time Ive sent off under the cpr route.

is it possible to change my thread to Gary68 v barlaycard as it could be a long one

Originally Posted by GARY68

is it possible to change my thread to Gary68 v barlaycard as it could be a long one

Title Changed

wow thanks marroon
that was quick

today I received the letter below

http://i407.photobucket.com/albums/p...DERFINANCE.jpg

mercers trading under calder finance,
here we go again.

Hi Gary,

I don't think you need to reply to the BC letter.

Write to Calders and confirm the a/c is in dispute as BC have failed to produce your credit agreement. Tell them you'll make a formal complaint to the fos if they bother you again as they are in breach of the OFT debt collection Guidelines.

Continue with the CPR route if you wish, although you could try a complaint to the FOS about BC's failure to supply your credit agreement in response to your CCA request. Complain also that they've now passed the debt on to Calders to collect, which is in breach of the OFT DC Guideleines.

Originally Posted by slick132

Hi Gary,



Continue with the CPR route if you wish, although you could try a complaint to the fos about BC's failure to supply your credit agreement in response to your CCA request. Complain also that they've now passed the debt on to Calders to collect, which is in breach of the OFT DC Guideleines.

Hi Slick
thanks for reply,I have seen many threads complaining and going via this route but havent gone this way myself, I will be complaing to the fos,
Is there specific template letters or links that you can put me in the right direction of and do they actualy do anything about your complaint or is it just for our paper trail ?

Keep the complaint to the fos dead simple. There's no template that I know of so I'd suggest:_

Dear Sir or Madam,

Dispute with Barclaycard - Account No xxx xxx

I wish to make a FORMAL COMPLAINT about the failure of Barclays Bank PLC trading as Barclaycard to respond to my request for sight of my credit agreement made under the Consumer Credit Act 1974.

BC have been evasive and will only supply me with a copy of their terms and conditions but nothing personal to me or with my signature on it.

I enclose copies of my letter(s) to BC, and of their replies.

Would you please arrange for BC to either:-

1. Supply me with a true copy of my credit agreement.

2. Confirm that they have no such document to produce.

I am aware of many similar cases where BC are evading their responsibilities by refusing to provide copy agreements.

I look forward to hearing from you and appreciate your endevours on my behalf.

Yours faithfully,

Many thanks slick,
I have just come across the excellent thread in the debt collection section by reallymadwoman and im just reading up,dont know how i missed that one.

should i just send this one letter or do you think I should include all correspondence,maybe I should send this letter off for a complaint ref no.
I now intend to send all my other card complaints in this direction.

another question slick if your still looking in,
I havent sent a section 10 notice off on any of my accounts does this matter and/or what point should I have sent this off...and would it have mattered anyway,Im sure ive included paragraphs in my dispute letters about processing data,

thanks again slick for the input letter above.

should i just send this one letter or do you think I should include all correspondence

Send the fos copies of relevant letters to and from BC.

Before you try this on all your card a/c's, maybe see how it goes with just one of them.

Re a s.10 Notice, BC and Mercers tend to ignore this just like they ignore most of what you say to them. They'll default you if they want to.

Once the question of your credit agreement is resolved, then you can d/w defualts and negative remarks on your credit files.

update on this,
calders were back and sent a serious dispute letter off and told them they were joining my file to the oft and fos, next day or two recieved a letter from the other muppets Debt Managers,
this is the letter sent


DEBT MANAGERS LTD
PO BOX 168
19 HERIOT ROW
EDINBURGH
EH3 6JR


ACCOUNT IN SERIOUS DISPUTE

Date: xxxxxxxx

Dear Sir or Madam,

Account number: xxxxxxxxxxxxxxxxx

I am in receipt of your letter dated xxxxxxxxxxx
BARCLAYCARD HAVE CHOSEN TO IGNORE MY LAST CORESPONDENCE

This account is in dispute with Barclaycard and has been since xxxxxxxxxxxx.
Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As you are aware while my Consumer Credit Act request remains in dispute enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
These have been made to my home and my work place,
I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

You are reminded of the following under The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Further to this all Threats of Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people 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.).

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

Be further advised that any further telephone calls from your company will be recorded.


Debt Managers have now entered on to my complaint to which I have compiled a file of letters and logs of telephone calls to my home and place of work these now will be forwarded on to the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service for investigation.
After taking Legal advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading Collection Guidelines

I would appreciate your due diligence in this matter.

Yours faithfully

well I have 2 files now compiled for the oft and fos and Im posting this morning,
I know slick said keep it simple but this has took me a long time to compile and copy as I have included time lines covers and they both look quite beefy,
when someone at the other end opens these they will know I have been keeping a uptodate log of accounts
even have coloured inserts for debt collection,it looks more like a court bundle
At least they will know im serious,
good job I found a freepost address for the oft,

ENQUIRES CENTRE
OFFICE OF FAIR TRADING
FREEPOST
LONDON
EC4B 4AH

up date on this.

now had back letters
from OFT
Dont know what they were reading if anything in the file but more or less said that
"they have no authority to become involved in disputes between consumers and traders so cannot offer me any direct help with the complaint,but there role is to protect the collective interest of consumers"
basicaly going on to say that if enough complaints were raised about,barclaycard,mercers ,calders,debtmanagers,tha t they would investigate there fitness as licence holders..etc,
they did basicaly confirm that if they the creditor did keep hold of the agreement that they would have to produce to make it ienforcable in court,
nothing above on the debt collection guidance for collecting on a disputed debt?
I will be replying to remind them,if it gets me anywhere.

from fos



Now Im sure they havent read this file because if they had they would have seen the final response letters, and the terms and condition which were sent on the 12th Febuary

I have since received the letter below-which of course is ANOTHER FINAL RESPONSE-to a letter they sent me on the 12th Febuary -this included a photo copy of term and condition like many others on here and could belong to anyone

dont know why they are going on about section 77
know sorry barclaycard you havent fully resolved my complaint and the battle continues
I will be sending a letter off to the fos and including this one,lets see if I get anywhere.my folders are getting bigger,
I may just send a final response to barclaycard and hope they persue to court,
any thoughts on this update?

Just copy BC's reply back to the fos and complain that BC continue to refuse to supply a copy of your signed credit agreement, to which you are entitled under CCA1974.

Go back to BC if you want, but it's a waste of your good time, ink and paper. They'll not budge until they get an appropriate kick up the backside.

Hi Slick
thanks for your reply,
I will be resending the file and letters on to the fos and wont bother replying to Barclaycard as far as im conserned this matter is in there hands if they wont to take me to court,then go for it,
regarding the fos they have sent barclaycard the initial letter and they seem to be standing their ground on this,
we shall see how the fos push on this,the ball is going in their court now and my file shall go to the bottom of my draw.