Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Chicken v Barclaycard

    Morgan Stanley>Goldfish>barclayc ard
    I have requested CCA (march), 3 follow on letters and account in dispute.
    I have done SARicon.

    They keep sending me the same old response. Final response has been same old letter insisting they have provided the info and will not engage in further correspondance.

    On my latest statement they have passed the debt to mercers DC and asking for payment.

    NB I stopped payment after the first month. They have not added any late payment charges or interesticon. They have, however, passed on info to experian and I now have late payments on my file even though I have asked them not to share info as they haven't got valid CCA.

    What is my best course of action now? I have read several barclaycard threads and am furious at the complete ignorance of barclaycard

    I have also read the complaining to fosicon thread and am shocked at their incompentance too.


  2. #2
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    Default Re: Chicken v Barclaycard

    Write to the DCA and let them know the account is in disputeicon. Alzo write to B/Card informing them that they will be reported for passing on your personal details whilst account is in dispute,report them to T/S fosicon OFT as they are not following OFT rules on debt collectionicon.Someone with better know will be along shortly good luck


  3. #3
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    Default Re: Chicken v Barclaycard

    Mercers is Barclaycard, then you get Calders who are also Barclaycard.

    Send the account in dispute letters but they will completely ignore them (and you should ignore them too). You can also report them to fosicon and then it goes on their record.

    If this is an original MSDW application form you'll see that there are loads of other threads here and all the forms I have seen here have Q4 missing. Does yours?

    DD


  4. #4
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    Default Re: Chicken v Barclaycard

    Hi Chicken,

    You'll have seen from other threads that you're one of many who are frustrated by BC actions.

    Are there any penalty charges or mis-sold PPIicon on this a/c.

    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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  5. #5
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    Default Re: Chicken v Barclaycard

    No there is no penalty charges, PPIicon or anything. They do not accept the account is in disputeicon.

    DD -
    If this is an original MSDW application form you'll see that there are loads of other threads here and all the forms I have seen here have Q4 missing. Does yours?
    I don't follow this bit, can you elaborate on it please?
    I haven't actually heard form the debt collectorsicon yet, it just says on my latest statement it has been passed on.

    Ta muchly


  6. #6
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    Default Re: Chicken v Barclaycard

    Hi Chicken,

    DD is saying that the "agreements" or application forms which they send out have a section missing, which suggests the documents are NOT the original ones signed by applicants.

    In any event, you have 2 options:-

    1. Be pro-active and pursue BC for a copy of the original document. If they don't send it you could try the CPR strategy (see Link No2 in my signatureicon), or you could complain to the fosicon.

    The former will usually get you no further with BC.

    The latter will take forever.

    2. Pay no more and wait for them to take you to court. Contest the matter in court and seek removal of any defaults they've filed against you.

    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.

  7. #7
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    Default Re: Chicken v Barclaycard

    Hi Chicken,

    There is a thread - Chris v Morgan Stanley (urgent help Please)

    Chris applied for his card at exactly the same time that I did on what appears to be same form. However my (cut and pasted) form shows nine questions - No. 4 missing on both forms - and Chris's shows 11 questions. He went for the PPIicon so questions about that are shown on his form, and I didn't so the questions relating to that are not on mine.

    I don't believe for one moment that MSDW knew in advance who would want PPI and who wouldn't and therefore sent out slightly different forms on the same day to the different types of card applicants, do you? I don't think a judge would either.

    DD


  8. #8
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    Default Re: Chicken v Barclaycard

    Well, all b/c have sent is T&C's and a summary of account. Have no application form, originally it was Morgan Stanley then Goldfish.

    I have been pursuing them for the CCA since March, how much time should they need to provide a piece of info?

    Can I complain to the ICO too as they are sharing data without authorisation/permission?

    Planning on CPR fosicon & ICO routes.
    Mercers will get a response when I have heard from them.


  9. #9
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    Default Re: Chicken v Barclaycard

    Hi CL,

    BC are just playing for time and will continue to do so for as long as they can.

    Before complaining to the ICO, I'd send a SARicon to BC and then complain to the ICO when BC fail to provide the credit agreement in response.

    Just my 2p's worth.

    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.

  10. #10
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    Default Re: Chicken v Barclaycard

    Thanks Slick
    I have SARicon'd them and they still haven't provided anything remotely like the CCA.
    ICO here I come...non compliance complaint is what I'm thinking. Correct me if I'm wrong.


  11. #11
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    Default Re: Chicken v Barclaycard

    Hi CL,

    As I see it, you have 3 choices:-

    1. Complaint to ICO for failure to supply data after DPA request. This may take a long time.

    2. You can go on to take court action for their non-compliance whether or not the ICO has ruled against you

    3. Pursue the CPR strategy as per Link No2 in my signatureicon.

    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.

  12. #12
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    Default Re: Chicken v Barclaycard

    I have CPR'd BC and received a letter saying they have satisfied their obligations under section 78 CCA and have no legal obligation to provide further documentation.
    They go on to state the CPR does not confer automatic entitlement to docs before proceedings start, and evidence must be provided upon application.

    What a load of sh*te.

    Can someone help me draft a letter to ICO for non-compliance and sharing data without permission. I will look for an outlining template in the meantime.

    They haven't registered any defaults but have been reporting back to CRA's about late payments . How can I put a stop to this? BC seem to think they have every right to act however they like!

    Ta


  13. #13
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    Default Re: Chicken v Barclaycard

    Hi Chicken,

    Just to add another possibility. See here where Bones got the agreement from BC after fosicon intervention - http://www.consumeractiongroup.co.uk...ml#post2489727

    Re CPR route, BC will say anything in reply to your letters, apart from, "Here is your agreement."

    Re Defaults and reporting to CRA's, see here - http://www.consumeractiongroup.co.uk...l-methods.html

    and here - http://www.consumeractiongroup.co.uk...ml#post1580664

    Also, there's more in the Data Protection and Default Issues forum - http://www.consumeractiongroup.co.uk...efault-issues/

    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.


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