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.
I'm currently in the middle of writing a full on complaint about my Barclaycard on a few grounds I just want help backing up the problems I have had and what laws/acts I have to back up my points, I have contacted the following organisations to help kick start my complaint FSA OFT ("Office of Fair Trade") and FO ("Financial Ombudsman"). about this but as always need to make a written complaint to Barclaycard first.
Here are the following I would like to complain about:
- Extra Charges (Over Charges and Late Fees
- Not told all details - small print like an agreement plan I took out I wasn't told about a 3 month probation pried and why it was applied to my plan.
- Failure of Agreement 3 times - Failed to setup a Direct Debt 3 times when i asked for this to be done.
- Unauthorised Transaction was taken out of my bank account from Barclaycard
- misselling Card Protection - 1) was told it was necessary 2) It was a 12 month plan and was renewed on my behalf each year, but they charged me again this year with out me renewing this.
- Failure of setting up a Free Text Message Service.
Any advise on the above that I want to complain about also anything else I can add in to the complaint?
Unauthorised Transaction was taken out of my bank account from Barclaycard
if you bank with Barclays they will offset and there aint anything you can do about it.
misselling Card Protection - 1) was told it was necessary 2) It was a 12 month plan and was renewed on my behalf each year, but they charged me again this year with out me renewing this
Answered your own question
and without seeing the terms and conditions the rest would probably be in there apart from the "free" text service
PGH7447
Getting There Slowly
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Advice is given freely but is in no way meant to be taken as Gospel
1. the assumption I made was you banked with Barclays therefore they can offset, if you banked with HSBC then they either had a DD setup or you authorised, if neither is correct then inform hsbc that an unlawful withdrawal has been made and you want the cash back
2. the statement you posted was It was a 12 month plan and was renewed on my behalf each year, - Therefore they will automatically renew it unless you specify not to
and as for the rest what do the T&C's state
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
Right OK i did contact HSBC and they did take a DD transaction. but HSBC said that i can submit a complaint i went back to BC and told them that i have submitted the complaint of the payment. they refunded me the money but took 5 working days i explained that i was now overdrawn with no money (this was a Friday) and that you can take money in an instant but can't refund me the money at an instant? so i was with out cash to travel to clients for work until the Thursday the next week.
I have charges on my account should i try for them back? or should i ask for the terms and conditions first then do so with a following letter of complaint?
Getting the debt written off is unlikely. You may be able to contest that there is no valid credit agreement and stop paying, but you'll get adverse markers on your credit records initially.
The enforceablility of an a/c will ultimately be decided on if the bank takes court action. You'd be unwise to initiate court action yourself re enforceability.
Read around the BC and other forums and you'll see what others are up to. There are no quick fixes on this and you won't get the a/c written off because of a few failures re DD's, a/c insurance, etc.
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.
Thanks for the heads up. its annoying how they push you about...
I have read around allot about other cases, and trying to form a nice complaint to them.
Thanks for the links will have a look over them and send them off.
So Plan of action? what order should i do the following?
Letter of complaint, CCA Request and Subject access request? or send all at the same time?
If I cant get debt written off what's the best action to take? as I'm Self Employed/Unemployed as no funds at this time. I want the least damage to my credit as possible?
Make the complaint if you want and make it clear if their actions have actually cost you or lost you money. Keep the complaint short and simple and ask for compensation (keep it reasonable), based on your costs or losses.
Then send off the SAR if you need the a/c info. Get ready to reclaim all charges and any PPI. Read the Reclaiming Charges guide at Link No1 in my signature.
Best plan is to see what charges you can reclaim. If you read up on claiming interest at the bank's contractual rate, you may be able to reduce the debt significantly. Read the Interest Tutorial at Link No6 about claiming higher levels of interest.
If you try and dispute the debt re enforceability, your credit will get trashed. So maybe leave the CCA request until you see how much you can reclaim.
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.
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.
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.