Hi all!!! HOT OFF THE PRESS: Barclaycard reply to my S.78 request. So I receive a nice letter from Helen Gould - actually personalised because she mentions the other bits I added in my S.78 request, which she assures me will be deat with by someone! So I look at the attached: part 1 is a copy of an unused recent student barclaycard application form part 2 is a copy of my application form part 3 is a copy of the generic Barclaycard T&Cs So lets look closer at part 2: My application form... 1 - it's an application form...it says this across the top! 2 - I have signed under the bit that says this is regulated by the CCA and sign if I want to be bound by it (I have signed) - it refers NOWHERE to the statutory obligated parts of the act it has to include! 3 - below my sig is a big box saying: FOR OFFICE USE ONLY: Autorised Barclaycard signature This has [ ] yes, apparently the invisible man works for Barclaycard, or at least in 2000! And it is undated by them!!!! this is all that came through on that form - it is (please correct me if wrong) NOT a CCA agreement! Also, the T&Cs they 'refer' to, also do not include the parts of the CCA that must be shown, all it says is that the CCA covers this form. So come on people: Is this a CCA agreement, if not, what is my next step!??! The second thing is I had my response to my LBA, they are sorry I'm not happy, and have refunded £112 to my account and have informed the DCA (that no longer holds my account????) that they have done so, apparently I now owe them £92!??! Should I not be happy I can always contact the FSA...Think I will, thanks! So, they haven't reacted well to my LBA, and didn't even mention the removal of my default - nasty people! Not like Mrs Gould! Oh well...next step it is then - I was hoping for such a small amount they might just give up! Rejection in leiu of acceptance coming up! COMMENTS ON THE ABOVE PLS!!!

Yes, in a way I think you are right - if the court order a stay - with time contraints, then this is good. However, some have begun just entering unlimited case based stays - these mean we wouldn't know when we would have our day. However, saying that, we are unlikely to get stays for CCards, and if we do, we are much more likely to have them lifted. BCard won't be expecting that, and so they should cave pretty damed quick! I think it comes a little down to the court: what they tend to do, what they expect from the bank and how well we put the case in the n1!!! Peter

Have a look at this thread - funny, and informative! http://www.consumeractiongroup.co.uk/forum/barclays-bank/109642-remember-good-times.html Peter

A bit of light hearted reading is just what the doctor ordered - especially at the expense of Barclays! Anyone remember any of the other 'classics'? Peter

...and don't forget that PENALTY CHARGES aren't allowed! so that scuppers that one! lol

In an attempt to stop people feeling too down and gloomy - I've found the link to the most entertaining thread on the Barclays forum... http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/11348-nightstar-barclays-nightstar.html Have a read, enjoy, laugh, and think that in a few months this could be you! Peter

Damn - well worth a try though! How's things generally? Peter

You can add any further charges UP TO the time you file at court. After that date, it's another case! The T&Cs issue is something coming around slowly - it appears the banks have on occassion challenged the claimant to prove that the T&Cs say what they are arguing about - this has led to some cases being struck out by the judge. However, you should be able to get a copy of those, either one here (Believe it or not people do keep them!!!) or by asking the bank - there is another N-something form that can be used to request information needed for the case be released to you - have a flick about the forums for the actual number. Good Luck! Peter

Depends what your view is on the Limitations Act. In theory, you can just write to them and demand that your SAR be fully actioned, which is that ALL information about you held by them is subject to an SAR, and failure for you to receive all this information, whether on Microfilm or not, will result in a letter of complaint being raised with the FSA dn the ICO. I would even add that since the suspension of many bank complaints, you are sure the ICO and FSA will be dealing quickly and effectively with all complaints raised to them. Give them 14 days (7 if you feel mean) and say that the resolution of this complaint will only be met by their fulfilment of the above. You will not be entering into further telephone conversations, or written correspondence until the remainder of your SAR has been met. If this has not been resolved within the 14 days, you will also be filing at your court to have the above act imposed on you by a judge. Hope that helps Peter

There is a rejection letter in lieu of receipt as partial payment in the templates library. The link is here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html You need letter 1, plus changing the last para to the one in red. Peter

Yeah, well done Bea. The orders seem very important, and as BF said, you may still see your money within the next few months. If the orders are as you suggested, then the judge is pushing the bank into giving him the info he requested in his original directions, these may not be the same info as the High Court. This will be interesting, because the High Court papers will obviosuly not give away anything, but the directions from your judge may just have enough umph in them to make the bank pay up. Let's see them when you receive them. Best wishes! Peter

http://www.consumeractiongroup.co.uk/forum/barclays-bank/109604-please-could-someone-give.html Still showing they are incompetent to a T! Well done Kells! (and a default win is still a win in my eyes! )

Another one to add to Dar£ns slowly growing list!!!! well done Kells! Peter

tori - didn't you have an email from Dino saying they would settle closer to the court date? If so, surely that shows abuse of process and contempt of the court? Could be worth digging ut if you did get one? Peter

that's where you need to appeal the stay. The court are basically saying they can't see much difference between the cases, so want you to show that it is different! There are several threads with letters proving this, I would suggest you have a flick through those! Peter

As far as we know, or are able to speculate, yes you are right. Barclaycard have been left wide open to court claims since the OFT and FSA agreement that £12 was a maximum charge, but still open to being checked by consumers through the courts. The OFT/FSA decision does, therefore, not affect Credit Card claims, something other threads have said they have received in verbal confirmation. Suggest your friend continues with their claim regardless. If they haven't received statements, get them to follow along the non-compliance route through the ICO and FSA. Peter

I think with the locals, it's more they are the type of people that go to annual conferences, and so have the opportunity to bring our plights up! If I remember rightly, we enter conference season very shortly (Sept/Oct?) and we only need a small lobby of MPs and councillors to start making something into a big fuss! Peter

I think the general rule of thumb is those that don't charge like ours, have annual or monthly fees; those that do charge like us, don't have monthly fees. Although our banks, never one to miss out on a money spinner, generally 'offer' the option for us to pay for our accounts anyway! Tut tut! I know that doesn't really answer your Q - sorry, but it gives an indication of what happens...just not where! P

This is all excellent stuff - and really positive responses so far. The important thing - and I would suggest to MacBoy et al - is stage two replies to these offers of allegiance, support or forwarding to officials. If someone could look at a second follow up letter that can be sent to the MP/MEP asking how things have progressed, what the general thought in the houses are, and whether the government, in particular, the Treasury department, have made any statements either way about the FSA decisions. Once momentum has been generated the important thing is keeping it going. These names (the goodies as I will call them!); would it be possible to get a list of those people together. These are now our allies, and with any luck can be brought together to fight our cause! The local councillor is interesting as well - they are much more 'on the ground' people, but have access to MPs and decision makers, so again worth a prod. well done chaps and chapettes - keep up the good work! Peter

sounds like it was passed and passed back then... ...and this has been a common thing with BCard when they don't have a CCA agreement. Mine was with a DCA and passed back after I CCAd them. could be worth a try again - after all it's only a quid! - and they seem to know something is up if they have had the debt passed back? Peter

don't worry too much. The reason you need to go to court now is to collect an N1 form. just ask at the reception desk. The new N1 statments are available in the templates library and refer specifically to Barclays. If you haven't got your Terms and Conditions for your year of opening, these are generally available, or you can request the bank supply you with them. Fill the form in, photocopy it three times, send one to the court, one to barclays and keep one secure for yourself. It will take a few weeks for things to go back and forth, and barclays will need to enter their defence. Then the judge will decide on a general course of action. this is where you may find you get a general stay pending test case. If this happens, you can appeal it as per the many posts on this site - but basically the Human Rights statement is, in my opinion, the strongest. But remember, you could be months away still, and by then, who knows, the case may have finished! Good Luck Peter

The above is a purely hypothetical situation for us, and is dependent on what the local court generally issues. My local court went down the prelim route - despite using the most up to date PoCs back in May, so I would assume nothing much has changed. If they did however issue the above, I would see that as a small victory for us. In the removal of the default, I really have little knowledge of how this works, but would assume that it would be added to the contract we agree with them. Should they refuse to remove the default, this is reason enough to let the judge decide. As we know a judge wouldn't rule in their favour as they wouldn't present evidence as per our PoCs, then we can only assume that the default removal would be automatic. It's important to stress however that an adjustment is not enough. I can imagine that they will try and get this as first port of call, and that we would have to stipulate our exact terms on more than one occassion! Peter

Cheers to those who have signed my petition. I've still not heard back from any of the MPs or Lords I wrote to - and the same thing happened last time I sent them a letter - maybe they just don't like me! (Or know who i voted for!!!) Peter

I think that is the cost of them setting you up on a repayment plan and/or passing you over to a DCA, and the second is the total balance left to pay, including that charge. Would that make sense to your account? Also, if they have done that, have you considered using the loaded weapon that is a CCA request. I'm not one to drop what I owe, but when they start getting petty and messy with me, then I find it har not to play hard ball back. I am currently waiting for my CCA to arrive, and if it doesn't, then all hell will break loose! Peter ps - thanks for the tinkle!

The problem is that we can't live without a bank any more. If you don't use a bank, you get extra charges from bills for not using direct debit, or paying by cash. When was the last time you had your wages in cash! Imagine paying your mortgage monthly by cash over the counter!!! The banks have built a money monopoly over us all - we need their plastic to live our lives. Until something comes along that works co-opertaively to hold our money then we are all stuck! And as for earning interest - is the £10 a year you get worth all the hassle of having a bank? Honestly, no, I'd rather lose that tenner and have an account that helps me...but then we all dream! lol