I have been fighting several credit card cases and personal financial issues since the closure of my business in January 2009, I have had a severe issue with one case in particular; Barclaycard.

I reported them to the Financial Ombudsman service several months ago for not supplying me with a valid Consumer Credit Agreement and also for harrasment by telephone.

The case has now gone to an Ombudsman after I requested that it be escalated as I did not agree with the adjudicator in the case telling me that he did not agree with my arguments and felt that Barclaycard were well within there rights to phone me continually "in order to establish a way forward to repaying the debt"

Here is an extract from todays letter received;

"We beleive that it is more appropriate for a court to decide wether a debt is ultimately legally enforceable. Also that we conclude cases based on what we consider to be fair and reasonable. As the funds were borrowed and used we would deem it fair and reasonable that these should be repaid"

What is the role of the Financial Ombudsman if this is there stand point??

Should I have gone directly to the Information Commisioners office or am I just going to be banging my head against a brick wall with them as well.

Disapointed & Angry is the only words I can find at this present time. I live in hope that the Ombudsman sees it differently to the Adjudicator that has checked over the case so far.

Financial Ombudsman Service - Financed & Run by the financial sector for the financial sector !!!!!!!!!!!!!!!!!!!!

sorry if you had the money

i think thats a very fair comment.

dx

The account is Illegal and Unenforcable by law as there is no CCA present

The FOS is funded by the various financial companies. They get £500 for looking at each case, I fairly sure that fee goes up depending on the circumstances. I'm fairly sure they back the paymaster more often then not. I' don't have too much faith in them.

Whats the amount in dispute ?

ie alleged to be owing - and has there been charges levied and if so how much ?

Have you got a thread running already for this ?

matters not, if you had the money. you should pay it not wriggle out of it.

so ans the question, did you have the money?

dx

The account is Illegal and Unenforcable by law as there is no CCA present

Barclaycard are forcing the Court idea because they KNOW that many judges have ruled in their favour after asking if the customer had spent the money.

No CCA does not mean its illegal or unlawful-it means that recovery action cannot legally be enforced without a Court order....but there are many instances where CC issuers are confident of going down that route now.

So can you answer Dx ?

DX

In many cases the debt has been paid back because the customer has been paying for many, many years, so the card companies are on thier

umptean profit, infact there gorging on it. You don't know the facts don't

go around judging folk.

I have always found this site and it's members to be very helpful and resourceful and for the ones that are trying to help I thank you once again.

This situation regarding this credit card is very complex. I lost my business due to the so called "credit crunch" and the financial institutions all around us falling flat on there faces and leaving us i.e. in this case "ME" deep in the proverbial!!

I am in the midst of possibly losing my house through the Bank as it was secured against my business through a 2nd charge; but hey feel free to sit back and fling mud from the comfort of your armchair when you don't know the circumstances surrounding each individual case.

As far as I am concerned Barclaycard are breaking the law and as they do not have a true copy of the CCA then they cannot enforce the agreement. I am sure if the shoe was on the other foot then Barclaycard and the rest of the financial instituitions like them would use the law to there advantage to swqueeze every last penny out of us!

My purpose in this instance was to merely point out the fact that I have wasted approx 6 months of fighting this case throught the F.O.S. who have been a complete waste of time. I am not some ned who has made a schoolboy error I am a business man with a family who has watched everything come crumbling down around him with little or no support from any of the blood sucking financial institutions who were happy to stand by you when the times were good and now it's all turned to sh1t they run for the hills!

Hello tigercub!

I know the feeling.

Agree FOS are a complete waste of space.

Sorry to see you receive some rather unhelpful commments on this Thread. I'd just ignore them and move on. If you have a Thread for the Barclaycard issue, maybe Post a link, because I am sure people will be only too happy to help you stand up against these feckers.

Cheers,

BRW

Thanks BRW, I have not created a thread yet as I am dealing with so many issues at once....... I will set one up and post the link.

Thanks again

in all honesty, what do you expect the fos to do? become a courtroom judge?

if you had not had the money then fair dues the system is screwing you over and they should have sided with you, but going by the decision you must have had it, so they were never going to rule in your favour- they can't

its always worth asking/answering a few more questions before you waste your time & the FOS's.

there are numerous threads in the BC forum on this, p'haps a study of those will help.

as for judging or being unhelpful, sorry but sometimes someone has to smell the coffee and be blunt instead of pussy futting around with users & ask questions, like do/did you owe this money, because it was silly to recommend going to the FOS if they did. - unhelpful there were we guys?

we are all in trouble, likewise i have a business that could sink or swim this season because of nasty banks ripping me off in the past, i'd rather get useful help rather than running up a mudslope.

the experts here p'haps need to examine these charging orders you have, maybe it can be dealt with that way.

dx [the judge:)]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/230986-financial-ombudsman-conclusion-cca.html

relates.

Sadly it appears too much faith has been put towards these magic bullet promises of getting debts written off by claiming a CCA is unenforceable. Be it from reading threads on the various reclaim sites or seeing TV adverts, but you have fallen victim to this belief, and not only in this one thread.

i wish you well in your exploits and i really do hope CAG and it's members can assist you in more positive methods toward favourable outcomes in all your troubles.

here to help

dx

Can't believe that the FOS think it's o.k. to call more then 40 times, because different numbers have been used.

I know we are all up to our eyes fighting debt problems but I would urge anyone who is unhappy with the FOS to complain to their MP. Mine is getting involved and asked for copies of all FOS correspondence (I have several complaints with them at various stages). I do not think the FOS is fit for purpose - it is not independent enough. How can customers' claims be rules against so often when we know how unfairly the banks have behaved in mis-selling product by incentivising their staff and charging disproportionate fees. If the FOS was truly independent and after such a catastropic collapse in the financial world, the majority of complaints would be in the customers' favour. Believe me you don't go to the FOS lightly. The amount of paperwork, time and energy the complaints take is huge. When they do rule in your favour, they offer some paltry sum of compensation eg £50 for months and months of unecessary stress and paperwork. This kind of award is then included in the figures in favour of the consumer when it goes nowhere near giving due compensation for the financial loss or time spent dealing with the problem. It is absolutely disgraceful and the FOS needs to be radically changed to have a much more "fair for the consumer" slant. The Banking and now Lending Codes need to be made compulsory and fleshed out in much more detail and policed properly by the FOS with FSA and OFT scrutiny. SJ

The problem with fos is that they do not have to take the law into a/c, they even state that fact in their faqs. They look at the probabilities as to the existence of a debt not the enforceability.

Sent fos some private papers and they returned them to someone else! They phoned me to let me know. Said the papers were being returned...but this huge and amateur bungle has opened us to ID theft , breaches all kinds of rules and regulations, confidentiality and data protection. They wrote to us today and said it was 'human error' but offered no solutions...unbeleivable. I thought they were supposed to 'defend 'us . From what I've read above, I don't know why we bothered . Will pursue this never-the-less.

Sent fos some private papers and they returned them to someone else! They phoned me to let me know. Said the papers were being returned...but this huge and amateur bungle has opened us to ID theft , breaches all kinds of rules and regulations, confidentiality and data protection. They wrote to us today and said it was 'human error' but offered no solutions...unbeleivable. I thought they were supposed to 'defend 'us . From what I've read above, I don't know why we bothered . Will pursue this never-the-less.

Have you reported it to the ico? https://www.ico.gov.uk/Global/contact_us.aspx

Thanks very much for that, but yes, we have. They are contacting the fos. Also taking legal advice ands will be informing our bank in writing, so that this whole thing is 'date stamped'

Thanks for your help, much appreciated.

Hi there,

Well it shows persistance pays with the FOS. They have sent a cheque to cover a security ID theft package from Lloyds Bank for 18 months.(They sent all our bamk details to another customer by mistake) Not a stunning result , but a lot better than nothing which is what I expected.

It should be interesting what conclusion the ico comes to because they have the power to fine fos up to £500,000.

Yes it would. The ICO have had this case for some time. They have sent a reply saying that they are investigating... but that was some time ago...I'll chase them up and see what happens.