Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Barclaycard Visa SAR / PPI help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3452 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

unless they can prove it didn't have compounded

 

I bet it did

esp as it appeared on your statements.

 

so the morgan stanley card had an outstanding balance then?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

unless they can prove it didn't have compounded

 

I bet it did

esp as it appeared on your statements.

 

so the morgan stanley card had an outstanding balance then?

 

dx

 

Yes it did and was taken over by Goldfish then Barclays, in which I have been maintaining requested monthly payments.

 

What should I do regarding 8% simple application - Should I dispute it with barclays first asking for clarification of said policy or should I go to FOS ?

Link to post
Share on other sites

ok well sadly they are entitled to off set then

if there is an outstanding balance

on the card it was levied upon.

 

can I just check something...

 

was this CPP as in terms of:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?356-CPP-Group-Plc

 

or was it Barclays own policy

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok well sadly they are entitled to off set then

if there is an outstanding balance

on the card it was levied upon.

 

can I just check something...

 

was this CPP as in terms of:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?356-CPP-Group-Plc

 

or was it Barclays own policy

 

Oh ok but might have to give them a call about it anyway, as contact has given me her details to discuss further if need be.

 

Good question and sorry to sound stupid but not really sure. The letter just states Card Protection Insurance (CPI) complaint on your Barclaycard account but prior to January 2005.

 

I have already received a refund cheque from CPP for post January 2005.

 

Do you know if the application of 8% interest is correct ? If so should I have not received amount (not against balance) less tax, and premium refund deducted from card balance ?

Link to post
Share on other sites

due to the weak agreement to resolve the cpp issue,it was agreed interest was only refundable at 8% and BC seem to have followed this, although obviously you were charged compound interest on your account. The 8% should in any case have been refunded to you less 20% tax which you can reclaim if a non taxpayer. Personally I would argue it out with BC on both counts

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

due to the weak agreement to resolve the cpp issue,it was agreed interest was only refundable at 8% and BC seem to have followed this, although obviously you were charged compound interest on your account. The 8% should in any case have been refunded to you less 20% tax which you can reclaim if a non taxpayer. Personally I would argue it out with BC on both counts

 

Many thanks for your reply. Where can I find details regarding this decision ? Or am I probably wasting my time ?

 

Don't really want another issue with FOS at the moment as have no confidence in them. May have to just accept it as can see this dragging on for another few years !

Link to post
Share on other sites

  • 5 months later...

Hi

my OH took out a FA Premiership Barclaycard Visa account in September 2001 (now paid up and closed) and

 

 

on recently checking old statements, she had been paying PPI.

To be honest she didn't have a clue about PPI at the time and what it was all about.

 

I got her to send a SAR and she received most of the statements.

Terms & Conditions and a grainy microfiche copy of the application.

She is sure that it was applied for via her Barclays branch in London and over the phone.

 

The copy of the application is mostly unreadable and looks as if Barclays have typed it up,

including 'X' against employment, other cards, annual income boxes etc

apart from the Payment Protection Insurance box,

where the 'X' has been badly penned in ?

 

They have also marked 'X's' against her signature and date for her to sign and the insurance wording states,

'For a small monthly premium this insurance will cover your payments if you are unable to work etc...

........Please tick the above box if you require protection.'

 

There is no wording or any other explanation as to what was covered or excluded, cost etc.

 

She also contacted Barclays and they confirmed that insurance was added and

they sent out a questionnaire to be completed with a covering letter.

The letter requested details of how the policy was sold and how conditions were disclosed

including copy of original agreement, statements showing PPI and policy schedule ?

 

Do you think she has a case for miss-selling on the basis of the above ?

She also had a very good employment redundancy, sickness, death in service cover

and company shares in which she sold some to pay up and close the account.

 

I have read up on forum regarding some unsuccessful claims with Barclays

and just wondered if anyone had a similar case

and can confirm that it was probably applied by post or completed at a branch.

 

Any advice would be most appreciated.

Link to post
Share on other sites

I would say that you need to use the fact that the PPI is not pre ticked

 

 

and has been entered by hand.

 

 

could she have done it?

 

 

or was it an advisor or bank clerk after the commission/bonus?

 

 

if it was done over the phone

theres no way it her tick!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I would say that you need to use the fact that the PPI is not pre ticked

 

and has been entered by hand.

 

could she have done it?

 

or was it an advisor or bank clerk after the commission/bonus?

 

if it was done over the phone

theres no way it her tick!!

 

dx

 

Thanks dx as always.

 

That's what is confusing the issue, as she does not remember anything about asking for PPI.

 

The application is a very bad copy as parts are unreadable and the penned 'X' is just about readable, but others are clearly typed in.

 

 

My OH has signed and dated it but as I said someone has put 'X' s against where she was to sign it ?

 

 

There also seems to be another faint penned 'X' under the insurance section as well.

 

I can also just about make-out a Servicing Branch Details field where a penned number has been entered

and also a staff and application reference that has also been written in pen ?

 

Should my OH be asking for the actual CCA details ?

Or just proceed with completing questionnaire saying that she never agreed to the PPI being added as she would not have needed it ?

 

They also did not provide statements from Sept 2001 to Sept 2002 as per her SAR and no explanation as to why not ?

Link to post
Share on other sites

yes ofcourse you can ask for the missing/better details/copy

and in writing only

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Just been checking my OH Barclays SAR details and came across a single insurance premium amount at start of her barclayloan.

 

Can someone kindly confirm if the calculations are correct ?

 

Loan Amount £10,000

Insurance Premium Amount £3,035.42

Monthly Repayment Amount £238.68

 

£3,035.42 / £13,035.42 x 100 = 23.29%

 

£238.68 x 23.29% = £55.59 (Insurance part of monthly payment)

 

Cheers

Link to post
Share on other sites

10/10

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...