This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I appreciate your advice but what about mental stress and the fact that they had been advised that I am disabled? They continued to ring my house even after I told them to desist and to use letters for all future communication (which I believe to be my legal right). I had to negotiate my way down the busiest street in my town to get to that branch office. You would be surprised how many people fall over a white cane when a nearly blind person is using it as a warning to others that he cannot see them. I am quite sure a good lawyer would have a field day with this.

Wow Noom, thank you so much for all that information! I will empty the account as soon as I can get down there but there's not much left in it. My main concern is stopping my pension from going into it (I am retired early because of my disability). I will also need to set up arrangements to have my mortgage paid out of another account. I was reading earlier posts about damages. I am unsure if the posters were joking about the hundreds of thousands of pounds claimed (I would certainly not imagine I would be able to claim that much but I really am stressed out by the loss of what is, effectively, my life savings). Thank you once again for the very helpfui post.

Hello all, I have found some very useful information in this thread. I would like to share my experiences with Barclaycard with you as I think you may find them interesting. I have already written to Barclaycard (S.A.R - (Subject Access Request)) and received the standard letter with their pathetic "microfiche" excuse offering to sell me copies of my statements for £3 each (what a cheek!). I had also written to them asking them not to phone my house as I have difficulty hearing them and to please carry out all communication by letter. I told them that I am deaf and going blind because of a condition called Usher Syndrome. As you will see from my latest experience, the fact that I am handicapped really tugged at their heartstrings. I received a letter from Barclaycard to inform me that since Barclaycard are part of Barclays bank and that Barclays bank have taken over the Woolwich, they had excercised their rights and removed £440 from my Woolwich account. There goes my mortgage money for next month. Naturally I grabbed my white cane and stumbled down to the Woolwich/Barclays branch on Main Street. The staff there are lovely and did their best to help me by starting an official complaint. Having read as much of this thread as I could (my eyes get tired very easily) I wondered what my chances are of gaining compensdation for the (very real) stress etc they have put me through? Bear in mind the RBS case for compensation for damages and the fact that they have removed money from my account without proper consultation for repayment of unlawful charges. Their letter pointed out that as a balance still remains (mostly their unlawful charges which I am attempting to reclaim) they will be removing more at a later date. To sum up, if I wanted to claim damages, do the forum members think I would stand a chance? Also, should I go through my solicitors as I imagine the damages would take this outside the remit of the Small Claims Court? Many thanks in anticipation of any replies I might receive.

Hello guys, I am sorry but you are going about this in totally the wrong way. These parasites are laughing all the way to the bank. I suggest you write the following letter to any future Debt Collection Agents (it will probably not work with these people sonce you have started making payments - but check with forum admins to make sure) Dear Sir/Madam, I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx. 2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Signed, I hope this helps in some way. Allt eh best.

Hello guys, I am sorry but you are going about this in totally the wrong way. These parasites are laughing all the way to the bank. I suggest you write the following letter to any future Debt Collection Agents (it will probably not work with these people sonce you have started making payments - but check with forum admins to make sure) Dear Sir/Madam, I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx. 2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Signed,

Another ploy is to buy yourself an 0870 number. While I detest this system (0870 numbers when used to charge people for advice on faulty products etc) I feel it is justified in this case. Google "0870" & you will find numerous offers to supply you with these. I found one for £10 - for LIFE! I think it can pay you up to 6p per minute but I imagine you would need a large volume of calls to obtain that much. When applying for a credit card or opening a new bank account (perhaps a "parachute account"?) - simply give your 0870 number. Then, if the unfortunate happens & you receive constant calls, you will have the quiet satisfaction of knowing they are paying a small percentage into your account. I hope this helps?

Hello guys, I have been following this thread with interest. I feel I need to correct something which has been said here as I read about it in another thread or at least in this forum. The OFT did NOT say it was okay for anyone to charge £12. What they actually said was that they would not take action on anything less than £12. That does NOT mean that it is okay to charge £12 - you can STILL claim those back. Correct me if I am wromng please, but I feel that this is a common assumption which needs to be addressed. Good luck with your struggle Elsinore, I'm cheering you on (as I'm sure the rest of us are)!

Thank goodness for that! I really think this lesson should be made more prominant to avoid anyone else being lured into these traps. Would a "Sticky" be appropriate?

Thank you again for the input - but I still do not understand how a judge is going to look kindly upon a request for information which his court has sent to the defendant already. It is a futile exercise in time wasting & the court is bound to see it that way. Having said that, to be on the safe side, I will provide copies of the information I have ALREADY sent them & add the cost of doing so to my bill (I am charging £3 per letter). I shall also be making a remark as to the fact that this information has already been supplied.

Thank you for the speedy reply JonCris. My point was in reference to earlier posts in this thread - if they cannot produce their letter in court (due to it being marked as "without prejudice") how can it affect my case if I ignore their silly letter with the contempt I feel it deserves?

I do hope I am not "thread jumpng", but I think my case involves "without prejudice" & might be of use to others. I have issued Small Claims against first direct. Since then I have had a letter from their solicitor headed "without prejudice" asking for a breakdown of charges I am claiming from their client. I have already sent the Excel spreadsheet detailing all the unlawful fees etc when I issued the court papers, and anyway, the bank has the charges on its computers. Would I be safe in ignoring this letter (which I believe to be yet another delaying tactic) on the grounds that it cannot be produced in court?

I'm happy enough to pay £9-95 for the pleasure of stringing out the conversation as long as I can, hjappy in the knowlege that it is costing the "fatherless ones" an arm & a leg to harrass me! Thanks for the tip about Ofcom but I will take my chances with them!

WOW! Thank you so much!! I just looked & for £9-99 for LIFE I can have an 0870 number that earns 4p a minute!!! HAPPY HAPPY HAPPY!!

Sounds like a brilliant idea! May I ask how much they cost & where I can get one please?

Well they WOULD say that - they are bluffing! Call their bluff! Good luck!

Taking Lueeze's advice one step further - why don't you demand your records under the DPA? It would be worth paying the statutory maximum fee to see the remarks they have made on your records. Then you will have proof that they said they were going to refund you. Please see the Library for template letter.

Thank you for your response. The original point was that 0870 numbers were illegal (the point was made in another post & I was not aware of this). Your last statement (see quote) would, no doubt, come as a huge surprise to the thousands of debtors across the UK who live in fear of a knock on their door or yet ANOTHER unwanted phonecall. The DCAs may have limited powers but they have huge influence through their bukkying tactics.

Eduin, with respect, you are missing (or evading) the original point about 0870 numbers. If you request it, I can send the text of a postcard I received this week from NCA DCA asking me to place an urgent phonecall to an 0870 number (sent after I wrote to them pointing out that the debt in question was in dispute & therefore not open to discussion). That contravenes at least two regulations.

Thanks for that - BUT, speaking personally, I am not even bothering to fall for their little game! I believe a court will take the view of what a "reasonable person" would do. If I hand a judge their garbled gobbley gook of a print-out and ask him to explain it (RESPECTFULLY of course!) he is going to have NO luck at all! If a man as learned as a judge cannot decipher this nonsense - how is poor little old me supposed to read it??! Nope, I am sending them an N1 informing the courts that they have not replied in a reasonable manner & also that their response was not complete. Let the s***s argue their case in court.

Perhaps the old phrase "Noli Illegitimi Carborundum" would be fitting?

Not MY lot! I phoned my police station to report a DCA (NCO) which sent a postcard to say they were sending someone round tomorrow (Tues 6 June) in response to a letter I sent THEM telling them to back off as the account in question was in dispute & that I refused to discuss it with third parties. I received another letter from them this morning. Anyway, PC Plod got very frustrated & kept saying it wasn't a criminal offence "Just meet them & see what they have to say, it's just common sense!" The best I could get out of him (when I advised him there could be a breach of the peace) was "Well if you need us, give us a call". Seeing as it took them half-an-hour to attend when I was assaulted 2 years ago, (you ccan SEE the police station from my house!), I don't think it would do much good! So - I wouldn't bother phoning the police!

I am so sorry if this sounds totally thick - but WHERE is the thingy for starting a new thread? I don't want to hijack anyone else' thread & I have a problem with DCAs since starting this reclaiming malarkey! :o

Following this thread with great interest as I have been throught the same rubbish (received insufficient statements - wrote back - received nonsense about microfilche). Speaking for myself, I intend to smack these people (& any other banks that do not co-operate) with an N1. The court will see throught their little delaying ploy for what it is - AND that I have tried to be reasonable whereas THEY have dragged their heels at every step of the way!

Does anyone else think that it might be because they are originally an AMERICAN company that they pay up rather than risk being hauled in front of the courts? I lived in America (Pennsylvania & Delaware) for the past 5 years and I can tell you, the mere mention of "lawsuit" or anything with the slightest whiff of legal action makes the average company turn a whiter shade of pale! Hopefully after a few thousand cases, our beloved(?) British banks will learn that the great unwashed public (kidding guys! ) will not stand for their shenanigans any longer.