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blencathra

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Everything posted by blencathra

  1. Best wishes Daniella. You seem to be fighting on more fronts than the British Army. Its so familiar how many of us have the t shirt and the video. Regards Blencathra
  2. Hi Daniella. Barclays are good at sending out T & C and stating that they are the documents you requested. It may satisfy them under the Consumer edit Act being a legal true signed copy of a Credit Agreement under that Act, But it will never satisfy a court. How can they relate that to you when there is no name address or signature on a piece of paper with some terms and conditions of a Barclay Card usage Maybe you should write back and ask them how they relate that document to you as it is only terms and conditions not a credit agreement. Or maybe just ignore them. I do like to write these things, then you have things on record and proof that you did contact them and explained. even if they are going to ignore it. Its all part of the silly game they play . I have added you as a contact if thats ok I follow your case with interest and will keep you informed how my case is going Regards Blencathra.
  3. Still awaiting a reply.The suspence is oooooh so stressfull he he he he ..I think not regards Blencathra
  4. N0 MR Werner do not stop paying. It can lead to more problems wih these companies. They dont give a hoot about anybody at all
  5. I know what you said Pinky was not made up I have contacted the Commissioners office and got the information.Robinson Way are a data controller registered under number Z5395514. Thanks for your information.
  6. Thanks very much Cerberusalert I am lead to believe that London Scotish have not gone bust they are in administration but still trading correspondence sent out from Robinson Way at the Deansgate address, the office of the bank not Robinson Way , who are at Carolina Way in Salford. As this is a court summons I do smell something not right hereThey have just said that money is owed under a credit agreement. But there is no proof of ownership of an alleged debt Therfore I am sending for a CCA and requesting the information of the data controller. I think all is not right with that company They tell me the data controller at Robinson Way is a Frank Dobson mmmmm Now who is telling porkies i wonder.... Regards Blencathra
  7. Thanks Pinky 69. That is very interesting to say the least. I called Robinson Way to ask for the name of the data controller The first person answered and refused to give me any information, She said she had no idea what i was talking about and put the phone down ( usual practice when in trouble ) So not to be detered i called back again and got a Mr S.. He didnt know who that person could be, but if i wrote he would pass the letter on. They have a whole office full of such people. Asking for his supervisor, Starting the tale again. I was informed that if i wrote to the address in Salford I am sure it would be passed on to a person called Mr Frank Dyson who could be the person i want. So I said Is he based in your office. Yes came the reply, so I said ok then can you transfer the call to him. Sorry Sir he desnt take calls he does not have a direct number. But if you write to Mr DYSON I am sure he will answer you. A question came to mind. to ask what his Job title was. They couldnt or wouldnt give me that information. Just write please Sir and ended the cal Regards Blencathra
  8. I urgently need to know if Robinson Way Ltd A dept collecting agency in Manchester are a data controller company and who is the controller and how do i contact this person I read somewhere on here that they did not have a data controller. That has seriouse considerations if not It is so urgent Please...
  9. I have been handling a problem with Capquest for almost three years now I sent for the CCA in March 2006 and Barclay's sent me back an APPLICATION FORM, which didn't contain any of the information that it needs to have before it is a Credit Agreement. I have been writing to them for ages they never answer any of my questions and i get letters back from different departments from different titled workers but all carry the same signature. this person even signed a letter from Barclay's. I question the validity of these letters They just keep sending demanding letters and ignore the questions about the Consumer Credit Act, perhaps it dont apply to them. Today 6th April i was sent a letter from JOHANNA O'KEEFFE HEAD OF LITIGATION and yes the same signature as all the rest.. this letter is about A STATUTORY DEMAND UNDER SECTION 268(!) (A) of the INSOLVENCY ACT 1986 DEBT OF LIQUIDATION SUM PAYABLE IMMEDIATELY THEY ARE DEMANDING THIS PERSON GOES BANKRUPT . they even say that they can produce any paperwork that may be required,. If thats the case why have they refused to send the cca after almost three years. They also say that because he agreed and made arrangements to settle the alleged debt it may seem by the courts as an acknowledgment of the debt. I think not. It may also seem that he was bullied and cohersed over the phone to make agreements on an alleged debt that was not legal in the first place they also say they will be able to play telephone recordings of the client I feel they need to prove the ownership of the alleged debt before they make anybody bankrupt and up to now they have failed. I have written to them today with a lengthy letter stating all the facts and a section 10 data protection notice. just another point the Application form is almost unreadable due to the printing being so bad and Barclay's put this attached to a thank you slip with the words written on it Here is your application form for MR X XXXXXX so THEY HAVE SAID ITS AN APPLICATION FORM. Maybe they wanted to stitch up Capquest. Any extra urgent info would be a help please Regards Blencathra
  10. Hi Kitty I found this information in a book called 150 LETTERS THAT GET RESULTS this is produced by the WHICH consumer guides and it says. If your current account goes into the red purely because of the charges that have been taken from it, you should not incur a second lot of charges. The Para is headed CHARGES ON CHARGES Although it does say a current account I have used this in other forms to have charges refunded. Remember. You are supposed to be given 14 days notice of any proposed charges. Failure to do so , could be against the banking code of practice. Another point worth consideration is that the financial industry uses so much bluff against its customers to hope they are ignorant to the way they work. Using counter bluff isn't a bad thing as most of them have no idea about the law. Best of luck Dave
  11. Thanks for the info Davey 77 that must have been part of the amendments passed in 2006 I wasn't aware of that. so its just 12 days + 2 and they are in default. if they dint respond with the CCA
  12. Hi Daniella I am watching this thread closely myself. who knows what i am going to write next Cheers Best of luck Dave
  13. Hi Slick Ignore the one above i was trigger happy on the keyboard. Thanks for your reply and i do see your point. I have spent time looking at the Act and in particular the paras you mention. So what Barclay's are taking a stand on is the fact that. They can refuse to supply or deny the existence of a signed agreement and just send you the terms, that they say apply at the time of you applying for a credit card and feel that it satisfies the Act. But let is look at that in more detail. If they say the terms apply to me at the time of my application and signing of a credit agreement. As there is NO name No address Nothing that relates to me how can they prove it. Whats more , they have sent me three copies of the terms and conditions so far From October 2008 to January 2009 and the wording was different in two of the documents, up to 11 different changes and different interest rates from one to the other. So will the real terms and conditions stand up please. That i feel is a big mistake.Still no proof that any of it belongs to me. remember i am going back now to approx 1994/95. I bet they don't keep paperwork that long. Littlewoods only keep credit agreements for 6 years. Another point. when you get a credit agreement there is a box where you sign that says something like. Sign below if you want to be bound by the law. If somebody says i dont want to sign , would they be granted a credit card I very much doubt it. So how can they find the terms and not the agreement. Now taking that to its logic If a person didn't sign the agreement, the whole credit card would not be bound by the Act nor would you and nor would Barclay's So how can Barclay's use the Act against me and visa versa. So if thats the case i do not want to be involved in an mickey mouse arrangement . So i stop taking part in it. But having said that .. there has to be terms written within the documents, such as interest rates. 1 document says its 1.585% and the other says its 1.65% I would be interested to know When Barclay's started to charge a £10.00 fee to open the card and a annual fee of £10.00. Maybe that gives me some idea of the age of the documents sent to me They say that a £500 credit limit has an APR or 23.2% and the other documents says £500 limit is 24.1%. I do not accept the word of Barclay's much more now than i did ages ago If they cant get information right. why should we care one iota about then I don't give a fig
  14. Further to my opening comments on the thread. there has been developments. Today ( 31st January 2009 ) I received mail from Barclay's, which was nothing more than a collection of letters sent to me previously. They did not have the manners to explain why they had sent them. It contained a miss match of letters answering questions i did not ask. They have refused to answer , why they have sent me two different sets of terms and conditions of a credit card allegedly created at the time i signed a credit agreement, But there is no signed executed credit agreement in fact nothing singed by me. They have ignored my question asking if they have my signature at all. There is no signatures on the documents they have sent, so therefore no proof that it relates to me They insists I asked them for a Validation of actual accounting WRONG They insists i asked them for a Verification of any claim we have against you ( meaning me )with a signed affidavit WRONG. They insist i asked them for a copy of the contract WRONG I asked them for a true signed legally executed credit agreement, which is very different and they have failed to produce it. Following my request in July 2008. I informed them that as they are in default. they cannot add charges or interest, but a Elaine Mockler thinks its fun to add £ 12 charges. I informed them that they cannot pass the account to a third party. So they hand it to Mercers Ltd. I sent them a notice under section 10 of the Data Protection Act. to cease processing any data in relation to this account, IE that includes a credit reference agency. They have ignored my request without comment I asked them to provide me within 21 days the reasoning behind continuing to process my data. This was ignored. I asked them to outline and state upon which legislation this reasoning depends. This was ignored. They have the nerve to say the account is still enforceable. Not only is it unenforceable i believe it is irrecoverable ( to use Cabot's wording) It seems to me that Barclay's allow managers to put their names to rubbish such as this and condone their actions. How can they condone managers breaking the law. Maybe that says a lot about the company. How can human beings do this to their fellow humans Maybe that says a lot about other things also Have you noticed , thats is only managers who sign letters. One question comes to mind. Littlewoods used names on their letters of folk who didn't work for them. ummmmmm I wonder. It does make you think as they are never available when you ask for them. I wrote to the Data Protection Team on the 19th January 2009. this was at the request of the company as they put it. I was contacting the wrong department. Good god these folk are getting well paid to miss manage the where abouts of mail. Are they not trained well enough to forward mail. But up to date they have not replied. Perhaps the staff are still under training. Maybe i should just send them one more letter and then take the matter to the appropriate professional outside body. Barclay's are trying to push me to wards the ombudsman.. he he Who do you think funds that service only the financial industry itself.. Hardly independent is it . It is so strange that human beings can act against their fellow humans in such an obnoxious manner and become a Jekyll and Hyde characters when they clock on. Well you folk who work in the financial industry. Mark the words of my favorite saying It is so true. WHAT GOES ROUND COMES ROUND. It could be your turn shortly. then who will care. NOT I Best wished everybody Blencathra
  15. In March 2008 I sent a CCA request to Cabot in respect of a Nationwide alleged debt , that they are trying to claim. Its the usual Cabot bunkum. Stating that it is not their duty to provide the CCA But they will help by contacting the original lender. It is they who should provide it. They now agree that they have exceeded the time scales and the alleged debt is now unenforceable. They now have taken the decision to treat the balance on the alleged account as ( this is a new Cabot word) IRRECOVERABLE. But they shall continue to report to the Credit Reference Agencies accordingly. Who and what do they think they are. They treat the law as if it wasn't there. Please note this does not mean that you are to be confused with the fact that the alleged debt has been written off. The outstanding balance on your account still remains. Even though we have treated it as IRRECOVERABLE. the debt legally remains and as soon as they get the CCA from the original lender, we reserve the right to recommence collection on the alleged account. They just cannot commence collection if the alleged debt is in default. They have to apply to the courts and explain why they have broken the law for so long and say sorry your Honor my we carry on collecting now. Even though they have broken the Data Protection Act . by continuing to inform the Credit Agencies, during the time of default. The request for the CCA was made and ignored for so long. Let them stew. They just treat folk with contempt and think they can bully them in too paying up without a legally executed Credit Agreement. The public fights back and long may it continue. I understand that to not send the CCA within the time scales of the Act carries a penalty of £2.500 fine or three months imprisonment I might even join the Cabot Fan club now Regards Dave
  16. I wonder if anybody can find some information. I read in one of the Cabot threads recently, But as there are so many I cant find it now. It concerns Robinson Way. I am lead to believe that Robinson Way are not registered as a Data Controller. Therefore as i see it anybody passing information to them , such as Cabot are in breach of the Data Protection Act. I would love to find that thread again. Spent the past two hours looking to no avail. Somebody must have seen it. Please help. Regards Blencathra
  17. Hi Slick. Yes my first task was to claim my charges back. That was a success. Maybe thats why they are a little annoyed The company does seem to be in a shambles. When you are dealing with Barclay's and Mercers at the same time, about the same problem and they dont talk to each other. I bet they are sat next to each other in the same building, But they must be a good company to work for , as everybody who writes to you is a manager. ( tongue in cheek )
  18. I contacted Barclaycard on the 14th July 2008 requesting a copy of my Credit Agreement and sending the £1.00. They sent me on the 22nd August 2008 a copy of the terms and conditions that applied at the time of me opening the account ( this must be at least 13 years ago ) How do i accept their word. I have since been writing on a regular basis, each reply from a different person and all classed as managers and all saying different things and on each occasion stating this the the final response. To day i got another letter from Barclay's ( well three letters actually ) 2 of them adding charges and the third one saying please find enclosed a copy of my terms and conditions as they applied at the time i opened my account. I have checked both copies, word by word and yes i bet you know what i am going to say. There is 11 differences to the wording of the paragraphs and the interest rates are all different . How can you trust then . The truth is I DONT. THEY HAVE LIED AND TRIED TO HIDE THEIR MISTAKES BUT THEY CLEARLY DONT HAVE A TRULY EXECUTED SIGNED COPY OF MY ACCOUNT. but they will not admit it. They are in default but refuse to accept it. They send you from one department to another but refuse to sort it out. You send them a letter with all the things they are doing wrong in the Consumer Credit Act 1974 and they reply ages later and Pratt on about something completely different. They are in a right pickle. But i will not give up. they are wrong and they know it But they will not accept their responsibility to the public and try to be honest for once. Thats a laugh asking the banks to be honest. after the mess they have got the country in
  19. Once again as in other contributions Cabot fails to treat its customers with respect and behaves in an un-professional manner I have a letter here from them sent as Cabot Europe. They say that Cabot does not have a duty to provide the information and therefore section 78 of the Consumer credit Act does not apply to them, but as a gesture of goodwill. They will cease Any collection activity until such time as the credit agreement is supplied. They have purchased an alleged debt from Yorkshire Bank, making them the owners of any such alleged debt as far as i am concerned. They are responsible to provide the CCA Why do they play these silly games. I suppose when they buy hundreds of debts for about 3p in the pound. It becomes a numbers game and some will pay up making it worth the while to fob folks off with patronising letters of Contempt.
  20. Littlewoods are noted for being difficult to deal with. They pass you around from one department to another, they dont answer your mail. I have contacted them three times in order to get something taken from my credit file. They dont even have the manners to reply. which i find to be so unprofessional and ignorant. It took me almost two and a half years to get my claim sorted .. So don t let them get to you. Keep going and dont give in. If they phone you request everything in writing, they dint like that. They will almost surely put the phone down on you. They treat their customers with total contempt. Best wishes everybody with your case
  21. hi there. The act of signing a credit agreement, is the permission a company needs to place items on your cridet file. There is no legal right to do this if you have not signed any agreement. Therefore they have not got your permission. The only things that can legaly be placed on a credit file are items passed by a court. eg CCJs for bankruptcy etc and there is no such legal right to a company as the 6 year rule, unless it has been passed by a judge The minute there is no agreement ( say it is paid up or it is canceled ) then no further items should be put on your credit file Best of luck Dave
  22. With reference to the way Barclays repay charges from a barclaycard account. I sent them a rejection letter of their offer and i require the amount in cash NOT money from my account. After some more exchanges of opinions they decided to pay me with cash. They put the money direct into my bank account. Please note the information they are working on was the OFT report and that is not retrospective as Barclays are using to customers. They are picking you off one by one and only paying the difference. Stand up for your self and keep going. Dont forget the interest either I wish you all the best .. Dave
  23. Hi Kitty. I am lead to believe it is illegal to add charges upon charges. Where a charge is made that brings you into a situation where another charge is made because of the first one then it is illegal
  24. Hi . I have been looking at the default removal information concerning Litttlewods. I too have a default on my credit reference which i am trying to get removed. I notice Netyard mentions something about a Deed of Assignment when debt was sold on. Has anybody got any information. what this means and how it can be used. I believe there is a vast loophole here. A company will sell a debt for as little as 3p in the pound. But i am sure that all other information, such as the CCA Agreements are not passed on, so i believe they are buying a debt but not the legal right to enforce it. Every effort should be made to challenge every Debt Collecting agency for a signed copy of the CCA . Good hunting. Dave
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