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Oldgel_48

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  1. Hi Blade, I used a template from the ICO website and just adapted it. Here's the link http://www.ico.gov.uk/for_the_public/personal_information.aspx There is useful step-by-step information about what you must do. Good luck with it. don't forget to ask if you need more help. Regards
  2. Hi Blade, Did you send a SAR to Barclays? I had a few surprises when I got the bundle back from them which I think would help me should I have to go to court. Speaking of Denholm - I think you could be fairly accurate in your assessment! he tends to state inaccurate 'facts' and is a bit too self satisfied in his assumptions that his company can do no wrong. Oh well, as they say, 'pride cometh before a fall'. I know they couldn't have carried out any real investigation because of some of the things they missed in the docs I got. However, most important is what they did not send copies of. Regards.
  3. Hi Blade, I also got a response from Denholm. He's been the CEO at BPF for a while and I've already corresponded with him through my MP. Be warned! He will not admit that BPF were at fault in any way. He does however make mistakes! Amongst the many errors, he says BPF sold the debt in February but we all got letters at the beginning of January! I got a bundle of documents from BPF in response to my SAR - they threw up some very interesting questions since there were some very important omissions - including no docs at all about the selling on of the debt which, if they ever existed, BPF were legally obliged to supply copies of. There was a letter dated April in which BPF had applied a charge which is strange since they claimed to have sold the debt on three months previously. Their records of phone calls was also very selective - none of the ones where BPF employees were very rude for example! Nor the calls where I asked them to stop phoning me when I was nursing my dying mother but they still carried on phoning me anyway. In fact there were so many inconsistencies, I wrote again to A Jenkins, sent him copies of all the disputed documents and told him I did not trust BPF to investigate anything and that he really should look into it himself. I still await his response. I challenged Marlin to come up with legal proof that they had any dealings with me and they just sent the same old letter as in January. They no longer phone me though. I wonder if they backed out of taking Dave to court because they realise they are on shaky ground? All these banking bodies & their DCAs seem to have rather incestuous relationships - I'm sure I read somewhere that the current head of Marlin used to be the CEO at BPF before Ronnie Denholm took over so it looks very much as though they're covering each other's backs. Just keep applying the pressure - one of us will make a breakthrough and then hopefully the floodgates will open. Regards.
  4. Dave! Sorry that should read: 'Training courses where provider ceases trading' Regards.
  5. Hi Dave, Found the link! http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=24854 If you have trouble with that try key words: ' training courses where trader ceases trading'. Regards.
  6. Dave, I haven't a clue how to send an e-mail on here! I've lost the original link and the article is not on the lacors.gov website as far as I can see. Will investigate - quickly! If no other alternative will have to put whole article here. Regards.
  7. Hi Dave, I've just found some interesting opinions about creditors trying to insist you have to take the alternative they offer. It's part of a paper written by Local Government Regulation 2 years ago, but unfortunately they no longer exist! However, it is specifically about the problem we all face with Barclays. I thought it might give you some ideas for your case. If you want the whole article I can e-mail it to you. Basically, what it's saying is that Barclays are wrong when they insist that you had to take the alternative course they offered. Apparently, where Section 75 is concerned - and this is the section Barclays and FOS seem to have quoted to everyone - you are not obliged to take the course they insist on. Section 75: " does not give a duty or responsibility for the creditor to provide an alternative, neither does it provide any right for the creditor to impose their preferred solution. If finance companies are able to offer alternative remedies to consumers with valid Section 75 claims and insist that the consumer accepts, then this has a major impact on this valuable piece of consumer legislation. Just because this is the cheapest solution for the creditor, does not mean it is right." "There may be cases where the consumer would wish to accept the alternative course offered, (and in cases where they are near the end of their course that might be worthwhile) but they should not be obliged to." "There are many reasons why the proposed alternative course may not be an acceptable remedy including cost, quality, standing of course provider, location and the time it has taken to appoint the alternative provider. The time taken to appoint the alternative provider may lead to a change in the consumer's circumstances, which means an alternative provider is not acceptable." "If the proposed alternative course is not acceptable, we recommend that the consumer should be able to demonstrate that they have acted reasonably, and specify all the grounds to show that the proposed alternative course was not a realistic option." "However, the claimant may wish to bear in mind that they may need to demonstrate that they have attempted to mitigate their losses. In effect "the claimant cannot recover damages for any part of his loss consequent on the defendant's breach of contract which the claimant could have avoided by taking reasonable steps" (Chitty on Contracts 29th Edition para 26-092) and "Wherever the innocent party, following the defendant's breach, is able to find substitute performance from a 3rd party, the mitigation rules give him a strong incentive to accept the substitute" (Chitty, para 26-093)." "On receipt of the FOS adjudication, if the consumer receives an adjudication, which goes against them, they can apply for a FOS Ombudsman to decide. The FOS decision does not prevent the consumer taking court action, but they would need to demonstrate that they are not being unreasonable in not accepting the alternative course." Hope this is helpful. Regards.
  8. That's a really interesting point. Logically speaking, if that is the case, (and I do not doubt you!) shouldn't Marlin have then made an offer to find an alternative course for Dave, as a way of resolving the dispute, before trying to rush him into court? Therefore, if they have not made any attempt to honour those responsibilities, then Dave's won his case. However, if they did that, wouldn't they be admitting that the matter is still in dispute, in which case, BPF couldn't sell the debt on, could they? Now I'm confused! I thought that BPF could only sell a debt on when there was no longer any dispute so, therefore, Marlin would not be liable since the matter was no longer disputed. Does that make sense?
  9. Hi skyblue dave, Have you asked BPF for any documents at all? They should provide you with a properly formatted letter assigning the debt to Marlin- not just the one that was sent in the same envelope as the Marlin letter back in January. As 10 pack and the others have all noted, that letter had the wrong reference number and was not correctly signed. If you look at all the letters you've had from Barclays they were signed and had a printed name and department with telephone numbers etc. This one did not. Also, they were required to give adequate notice of their intention, which they did not do. I looked all this up to make sure - I'll find the relevant legal requirements I found and send it to you if you like. It would be worth getting some advice on that because if the 'transaction' was not properly conducted by BPF and Marlin then you don't owe them (Marlin) anything. As I said before, when I challenged Marlin to provide incontrovertible legal proof that I owed them anything, they stopped phoning and writing to me. When I asked BPF to provide the documentation for it they didn't and I just got a letter about the additional charge which showed they had not sold the debt on. Also, as many others have posted, if the matter was still in dispute with BPF, and if you can prove that it was, they cannot sell a debt on to any other body without giving you adequate notice. This leads me to believe that whatever took place, it wasn't legally binding - just like all the previous attempts by the debt collectors you have named. I did the same with them and never heard from any of them again. I'm now considering whether to take Marlin to court for illegal harassment, since they never provided the legal proof that they owned the debt. As I said before, it might be worth trying to get a bit more time to make sure you have all the information you need. I was advised by trading standards to get absolutely every piece of documentation, letters, post records, phone records etc. before even thinking about going to court. I'm not a lawyer but my son does have a law degree and has been advising me on how to interpret the various laws surrounding this. My advice is to seek some advice first - there are lots of reputable firms who will give you a free opinion. It really is worth sending a SAR to both BPF and Marlin. They have 40 days to respond to your request and that would be a legitimate reason for you to ask for a delay. When I got my bundle of documents from BPF - as I posted previously, I found a document which casts doubt that I ever had a contract with them in the first place. So it is worth it. Sorry it's a long post but I'd hate to see you go to court unprepared. Regards & good luck.
  10. Just a small concern. Couldn't Marlin say that the matter of your course is nothing to do with them but is something you should take up with BPF? Did Marlin present you with any documentary proof that they really did buy the debt? I ask this because when I challenged them to prove it, I never heard from them again and I now have a letter from BPF saying they have applied a charge on 8th April 2013 - what's more, they didn't send any documents referring to Marlin when I sent SAR. It seems they have magically taken back ownership of the debt - if they ever sold it on legally! Just a thought. Regards.
  11. Hi Adinmatty, Good to hear about the lawyer. Unfortunately, our dispute is not about an advent course but an Access2Trades course, although the principle is the same. As for Marlin, after being bombarded with phone calls which I just hung up on, I simply twice said, once on the phone & once in writing, that I refused to communicate with them in any way until they provided incontrovertible legal proof that they had any connection with me of any kind. I also threatened to report them to the FSA (now has another title I think), Trading standards & my MP. I guess they did not have that legal proof as I have not been bothered by them any more. In fact I'm now wondering if that means I have just cause to sue them for illegal harassment! I hope the facebook lawyer action materialises for you. Will keep all posted as to any progress I make with BPF etc. Regards all.
  12. I'd certainly ask for more time. Did you send SAR to BPF and Marlin? I wrote to Marlin - see previous post - and have heard nothing from them since. I also sent SAR to BPF and received documents from them today. There is no Deed of Assignment to Marlin just an electronic reference. Nor was there a copy of the letter from January which was supposedly from BPF and supposedly informed me that the debt had been sold to Marlin. Interestingly, there was a copy of a letter supposedly from a previous DCA but it was printed on Barclays headed notepaper. The only references to any other DCA were elctronic notes. They were also very selective about records of telephone calls made to me - omitting any that may have reflected badly on themselves. Oddly there were no records of phone calls I made to them. There was a letter dated 8/4/13 telling me an additional charge of £22 has just been applied to the account! This seems to indicate that they still own the debt and therefore the matter is still in dispute - so did they in fact sell the debts on as Marlin claim? One of the things we disputed was that I was entered as the loan applicant when in fact I had been told I was the guarantor only. We also never received any confirmation of my son's application and therefore were given no 'cooling off' period. Sure enough, in the bundle I received, there was a letter addressed to me confirming the success of the application. However, the letter was dated 4 DAYS BEFORE MY SON EVEN MADE HIS APPLICATION! At that time we had never even heard of Barclays partner finance! We have never seen this letter before. There also are several other missing items that BPF have not provided copies of so I guess I'll be writing to the ICO to say they have either lost documents or they are concealing information. What I'm saying is, it's worth taking a little more time to ensure you have absolutely everything and give yourself time to go through it all with a fine tooth comb. Be sure, they will do that, if they haven't already. Best of luck & don't forget to ask for help here! PS. BPF still have not sorted out our dispute - almost a month after being asked to do so by the CEO of Barclays Group Antony Jenkins. No surprise there then! He will be getting yet another letter this week - and every week until they give in!
  13. I sent 2 letters to Barclay Group CEO - Antony Jenkins - but he didn't reply personally. See post above yours. That's a few of us now who have gone straight to him - I wonder if he's getting fed up yet? He'd been in touch with BPF - they told me. I got the call direct from BPF Managing Dir. office. I've given them to the end of next week to sort it out. I haven't had a peep form Marlin since I wrote & threatened them with legal action so that seems to be the only way - give them a dose of their own medicine. You're right - must keep up the pressure! Regards.
  14. Hi all. Had phone call this morning from BPF MD office. CEO AJ has obviously told them to sort it! They are now 'investigating my case'. I urge you to write to CEO of Barclays Group at the address posted earlier. I know you already have Blade so hopefully you will hear something soon too. I remember Fuzzbutt saying she had contacted the CEO but I think that was B Diamond - I'd like to think this new chap is not so morally bankrupt as his predecessor & is serious about sorting it out! Watch this space. I'm not at all certain of the outcome but it is a step forward at least. We'll see! Regards all & keep fighting.
  15. Hi blade 325. I've been waiting since Feb 22 & still have had no reply. Sent 2nd letter on 18th March giving him 7 days to respond. I sent both by special delivery & tracked them so I know they were signed for. I agree that he may well be all words & no action. Still, he got himself a nice big multi-million bonus so that's OK, eh? Planning my next move should he still not respond. I'm not sure about sending him more letters as I've sent 2 - that should be enough to prompt a response. I'm thinking Vince Cable might be my next port of call but before I do that I'm waiting for documents as I sent SAR to BPF & OLCI, the replacement training company. Wrote to Marlin - see above - on 18th. Had a letter the following day but that was sent before they received mine. I have not had a single phone call, voicemail or text message since 19th March. That's very unusual as the only miss Sundays as a rule. I did wonder if I was getting so many calls because I was being targeted because I own my house & they thought they were on to a winner! Well it has all gone quiet there for the time being - whether or not it will last - who knows? I've begun to list all my expenses too - I'm beginning to think that no-one is at all interested in sorting this mess out and I might well have to take BPF & then Marlin to court. Ah well! Bring it on! I'm lucky. My son has a law degree and can help. Let us know if you get any response from AJ. Regards.
  16. Have just written letter to Marlin - I've had 2 more letters demanding I pay them & threatening solicitors etc & the phonecall count has passed the 40 mark on the home phone plus about 20 on my mobile including voicemails & text messages. So I'm quite ticked off now. For the last 3 years I have not once said I owe Barclays a penny & I believe I read part of the CCA which states that if I don't receive the services as stated in the original agreement by which BPF are bound - linked finance thing - the creditor, being liable in the absence of the provider has broken the agreement. Is that right? I think I also read on another forum, that you were on 10pac, that if a company such as Marlin presses you for payment for a debt you do not acknowledge that they are breaking the law if they bombard you with phone calls - is that right? I've already told them on the phone to stop the calls but they just keep on coming!So now I've put it in writing being careful not to write their ref no or to acknowledge any debt and I didn't sign it just printed my name, which they have anyway. I wrote: Please be aware that I do not recognise your company as being in any way connected with me. I have had no dealings with you and have had no proper legal notification of any connection. I have already made a statement to this effect to one of your telephone operatives but am driven now to put the matter in writing. Your persistent telephoning, which has passed a level that is legal, now constitutes illegal harassment. I am now demanding that you stop telephoning me, as is my legal right. Do not attempt to contact me again unless you have incontrovertible and legally valid proof that I have ever had any dealings with your company, then and only then, you have the right to put those claims in writing. If you persist in harassing me by post or by telephone or in any other way, I will report your activities to the FSA, Trading Standards and my Member of Parliament. I'm sure they'll ignore it but I tried.
  17. Thanks 10pack. this is good news. Have started to prepare my own case for small claims court in the event that the CEO proves to be no better than any other Barclays employee we've all been dealing with. I checked & found my letter to him was delivered and signed for on Feb 22. So have now prepared another letter to send special delivery on Monday 18th March. I think a month is more than long enough. Haven't received any response whatsoever - not even to acknowledge receipt of letter. This guy is clearly no better than the previous CEO who oversaw all the dodgy dealing with PPI and the Libor fixing. To quote the article first written about this whole business back in 2010, Barclays are storing up a whole load of trouble for themselves by burying their heads in the sand in the hope we will all get tired of fighting and just go away. Have you heard any more from Marlin? I'm still getting several phone calls a week even though I've told them I don't want them to call me any more. They still haven't provided me with any proof that they bought any debt from BPF apart from that original pair of dodgy letters. I will continue to maintain that I do not acknowledge that any debt exists. Trading Standards were quite helpful in offering advice on using the small claims court. Obvious thing is make sure you have every minute piece of evidence you can lay your hands on including sending BPF a SAR - make sure you ask for their phone records relating to you, any recordings they made of any phone conversations you had (you know, the ones they say are for training purposes!) This can help prove harassment took place over an extended period. Don't forget to ask for their post records. They may find it hard to tamper with these so they can't slip in letters that were never actually sent. It would be good if people could help each other out here. Makes you feel as though you aren't alone against a corporate giant. Stress is quite hard to prove but of course if you have been to the doctor because you are so worried or can't sleep because of all BPF have done then your Dr will be able to provide notes to the court. In addition, add up every expense for postage phone calls (can calculate these easily) but also the time you have spent dealing with it. I've begun looking through my file at every letter I've written, every phone call I've made and estimating how much time each one took. You will be surprised how it accumulates. These are all legitimate expenses to be claimed.
  18. Hello there. You have my sympathy. My son & I were duped in the same way by Access2Trades rep who insisted he had to have a guarantor since he'd just been made redundant. Only found out the loan was in my name after A2T went out of business. My son didn't even start his course. Curious thing is that BPF do not have my bank ac details but have my sons. They took 2 payments before his bank advised him to cancel. They can't have done credit checks properly -since they had my name but his bank details- OFT suggested this could could constitute irresponsible lending but unsure of legal implications of that & have to check. Our biggest problem is that my son was never offered a replacement course because BPF never passed his details to the new training company. My details however were passed to them & I was offered the course 3 times! (I'm now retired but was a 61 year old full time teacher at the time - they still could not be convinced!) BPF would not accept responsibility of any kind and wanted me to pay £6,800 for a course they wouldn't let my son do! Like you we have chased our tails trying to sort this out. So far, FSA/FSO useless - ruled we were not covered by Sect 75 of CCA because Debtor/Student are 2 different people & they refused to do anything. Our MP, although he tried bless him, was not much help, although he did confront the BPF CEO Ronnie Denholm. Denholm clearly was not well briefed as his letters were full of inaccuracies & falsehoods. OFT reckoned the agreement we had with BPF was legal and said our only recourse was to take them to the small claims court. They said they could do nothing. I too have received letters & dozens of calls from Marlin. I responded to one phone call and told them I would not give them any personal details and would not speak to them until they provided me with the correct documentation to prove they owned a debt. I also informed them that as far as I was concerned, I had no debt & the matter was still in dispute with BPF and I did not recognise Marlin as being connected to me in any way. I have now written to Antony Jenkins, CEO of the Barclays Group of companies which includes BPF. I still await a reply. Rest assured, I will post his response the moment I get it. Stand fast! All is not lost. Where is everyone? It's all gone quiet here! Have you all suddenly resolved the problem?
  19. Me again! This is a late night. Just a thought. It may be more effective to bombard this man with lots of letters since not everyone has exactly the same problem with BPF. Make him work for his money at this stage and pass the word so that as many people as possible contact him. There must be hundreds of people still affected, even after 3 years. Perhaps arrange to send the letters on the same day so he gets a sack full - that'll make him sit up and think! I believe there's a facebook action group for Advent students (though have heard very little about other students) - it may be worth contacting them. I don't do facebook I'm afraid but beginning to think I might have to! If anyone wants help composing letters would be glad to help - I'm an ex civil servant & teacher of English so know the drill! I sent my letter Special Delivery so it wouldn't get lost in the general post he must get every day. It did cost a fiver but worth it if he actually reads it. When I spoke to Trading standards I discovered that Barclays stopped 'talking to' their local Trading Standards Office about a year ago - presumably the one closest to their headquarters. I wonder why? Could it be they have been inundated with complaints? Even though they could take no action at this stage, Trading Standards were very interested in what was happening & have asked me to keep them informed of any progress.
  20. For those who want it - this is the address I used: Antony Jenkins, CEO Barclays Group, 1 Churchill Place, London, E14 5HP. Tel: 0207 116 1000 Fax: 0207 116 7665 - this was all on Barclays website I think. This guy has been widely quoted in the press and on TV stating that he wants the Barclays Group to clean up its act - so it would be a wake up call for him if he is made aware of yet another part of his empire misbehaving itself. I wrote a fairly comprehensive outline point by point then wrote the following: As the CEO for the Barclays Group, you should be aware ofthe way in which business has been, and is being, conducted in your name. I would ask, therefore, that you act on ourbehalf and put an end to this persecution of more innocent victims of unethicaland immoral practices perpetrated by yet another financial institution bearingthe Barclays name. I am in no doubt that we are not the only people who havesuffered three years of harassment by this disgraceful company. If, as you havedeclared in the press, you are truly dedicated to recovering the goodreputation of Barclays, you might do well to investigate their dubiousactivities. Hope this helps.
  21. Hello fellow sufferers. I'm new to this so bear with me. I've had a dispute with BPF since january 2010. My son applied for course with Access2trades but never started the course. I acted as guarantor, I thought, but was told by BPF after A2T went out of business that I had taken out the loan. They never passed my son's details to the new training company - OLCI - so my son was never allowed to start the course. Have gone down the usual route - FSA/FSO who refused to do anything saying we were not covered by Section 75 of CCA. My MP took up our case but BPF refused to take any responsibility. Have received demands for payment from various debt collectors and now, like you, from Marlin. Agree with all you have said about them - I now refuse told them I refuse to speak to them until they provide me with appropriate legal documents proving they are legit. They say I owe £6,800. Have been to Trading Standards - who say they cannot take any action but did give me some useful advice. Intended to send SAR to both BPF & OLCI to get documents to prove our case but decided first to stop dealing with the oily rags and go straight to the engineer. I wrote yesterday to Antony Jenkins the new CEO of Barclays Group. Outlined the problem and told him I would not pay a penny for a service neither I or my son received. Advised him to practice what he preaches and investigate this disgusting company. I wait to see what this man's made of. Good Luck to you all - you deserve it.
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