Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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Thread: barclaycard

  1. #1
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    Default barclaycard

    Been advised to move thread to here so might get some more replys.Basicly barclaycard have not come forward with an agreement and since July we seem to be going round in circles.They bombard my dad with 6 calls a day from 8am to 9pm which he doesnt answer i send the letters from the site warning them it then goes quiet for a week then kicks off again,they say they have produced the required documents i say they havent.Isnt there a final letter to just shut them up or do we have to take them to court to end it,i have issued umpteen warning letters but they ignore it.

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  2. #2
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    Default Re: barclaycard

    Hi Willy,

    If you read some of the threads here in the BC forum, you'll see that getting BC to produce a credit agreement, or getting them to shut up, is harder than it sounds.

    This is a useful one to read - http://www.consumeractiongroup.co.uk...n-stanley.html

    Did you send BC a formal CCA request with the £1 fee.

    Have they replied with a copy of the a/c T&C's.

    Have you sent them an "Account in Dispute" letter.



    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.

  3. #3
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    Default Re: barclaycard

    Yeah done all of that and warned them several times but theyve ignored everything put defaults on the account and just done as they please.Yesterday he has had two letters from mercers requesting payments,but for the moment the phone has stopped.

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  4. #4
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    Default Re: barclaycard

    Hi Willy,

    If you wnat sight of the agreement, try a complaint to the fosicon once you've had BC's Final Response that they have complied with CCA 1974.



    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.

  5. #5
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    Default Re: barclaycard

    Thanks slick yeah what i am after is a way to end these intimidating phone callsicon which incidently have started again over xmas like 6 a day,my dad wont answer and my mum just says he isnt in.IF!! a complaint to fosicon works i will try that route,and if i report these people for harassment for the calls i would try that but and its a big but does reporting them actually work? There are thousands who must be in the same boat has it worked for them where are the results? I wouldnt be confident of taking the creditors to court nor could i afford it and how long do my parents have to put up with this intimidation at 78yrs old.When i saw my agreements they were not proper so i said that and never heard anything again,but im struggling to move these ones any further forward,if they would issue a summons at least they would have to produce the docs,please any other thoughts appreciated it might give me some more ideas

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  6. #6
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    Default Re: barclaycard

    Hi Willy,

    The truecallicon device seems to work very well in stopping unwanted calls from DCA's. See article 8 here - The Consumer Forums - telephone recorders reviews.

    We have seen successes recently with complaints to the fosicon resulting in BC producing whatever credit agreement they have. It costs nothing so should be worth trying.

    See this thread for an example - http://www.consumeractiongroup.co.uk...rclaycard.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.

  7. #7
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    Default Re: barclaycard

    Thanks slick now i am clear which way to go i will complain to fosicon.I need to get mum and dad a true call but i cant afford at minute,keep telling them to log the calls but its falling on deaf ears but thanks again,the advice seemed to end at "they say they conformed we say they havent"just wondered what i could do without going to court.

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  8. #8
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    Default Re: barclaycard

    Before you complain to the fosicon, get a Final Response from BC saying they have fulfilled their CCA1974 obligations and will not correspond with you further.

    This thread gives guidance - http://www.consumeractiongroup.co.uk...n-stanley.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.

  9. #9
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    Default Re: Tony3x -v- Barclaycard

    Tony3x what did you do to stop the threat of doorstop visits,i have Mercers threatening my dad who is 77yrs old and panicing.I have followed all the advice and sent warning letters but they take no notice,trouble is if anyone turns up i have no transport to shoot over to there house.

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  10. #10
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    Default Re: barclaycard

    Hi Willy,

    I've moved your post from Tony's thread to your own, so I can answer without hijacking another users thread.

    See here about the threat of DCAicon home visit - http://www.consumerforums.com/resour...doorstep-visit-

    They make it sound terrible but the reality is that they rarely call and, when they do, they leave when asked.

    Perhaps write to the DCA pointing out that YF is elderly and, if they call on him, you'll contact every media resource available to you to expose their harassment of the vulnerable.

    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: barclaycard

    What i find so frustrating is there doesnt seem to be anybody that can say ok we will soon stop this.My agreements were different as i had no argument the agreements were invalid.Here all three admit they havent got the agreements of any kind but still say the debt is payable.I have passed all three to ICO As breach of data protection,no written permission to deal in our data,no proof a CCA ever exhisted,will see how i go from here.Have proof of harassment by phone,even 3 calls when he was going down to theatre in hospital but who can actually do anything about the calls?

    MBNA £250 bank charges refunded.
    MBNA claimed £2700 in PPI
    MBNA default removed.
    WESCOT balance written off no cca.
    WESCOT default removed.
    TIME RETAIL.default removed.
    LLOYDS TSB.£150 charges refunded
    MINT £220 charges refunded.
    currently 4 in dispute unenforcible agreements.
    HFOS ordered to remove default
    YORKSHIRE paid token £200 PPI going now for full £600

  12. #12
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    Default Re: barclaycard

    Surely the phone callsicon can be stopped easily.

    If YF is being harassed, report this to his phone line provider and get a new number pronto. Then be very careful to whom the new no. is given.

    I'd normally recommend the truecallicon device which many find to be aGod-send. However, I think YF may find this troublesome.



    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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