Tonka 99 v BARCLAY CARD **WON**

[banker_rhymes_with]

Hello T99!

 

Have got times of calls,and texts logged in my diary,

and guess what arrived this morning a blue envelope with

a white card inside from you guessed it Mercers " this matter

is now URGENT and it is in your own interest to contact us"

 

Good, keep logging the Harassment. The "URGENT" nonsense from Mercers is just more Harassment, and their little way of trying to keep the pressure on in the hope that you will break, grab Debit Card and Phone, and start Paying them. That, after all, is all they want from you.

 

Have had two calls from them today before 10am

 

Ker...Ching, that's two more pounds in your Harassment Claim Virtual Piggy Bank!

 

Am going to do charges, and send them a letter Account in Dispute in case they forgot about the others

 

When faced with non-Stop Harrasment from a wholly unreasonable banker or DCA, all you can do is keep sending them Reminders of the True Position, as that keeps forcing them back to the issues that actually matter.

 

The whole point is this is not for their benefit, this is to prove you have acted Lawfully and reasonably all the way. Keeping it all in Writing means it can be very smoothly and easily added to any Court Defence or Harassment Claim or Counter-Claim.

 

Keeping a good Log of all of this, and Copies of all Letters, will show a clear pattern of behaviour. Yours will be seen as reasonable and fair. Theirs, in marked contrast, will be seen as unreasonable and unfair...and unlawful on many counts in relation to the following:

 

Consumer Credit Act 1974 (No Agreement = No Enforceable Debt)!

 

Data Protection Act 1998 (No Agreement = No Right to Process Data)!

 

Administration of Justice Act 1970 (Harassment)!

 

Protection from Harassment Act 1997 (Harassment)!

 

Office of Fair Trading Debt Collection Guidelines (Ignored)!

 

Tort of Trespass (Trespass after Warning)!

 

If they Default in the absense of a Properly Executed Credit Agreement, your series of Letters will then prove that they had plenty of warning that doing so was both unlawful and unwise.

 

If they then seek to Enforce the alleged Debt in the absense of a Properly Executed Credit Agreement, again, your Letters making it clear such action is both Unlawful and Vexatious, will be read by a Judge in your Defence paperwork.

 

At the moment, hard as I know it is, just stick to your guns, keep repeating the same things via Letter like a stuck record, and totally ignore any Payment Demand Harassment that may materialise via Post, Telephone or Visit.

 

Harssment via Post is easy, just File it.

 

Harassment via Telephone is easy, just Log it.

 

Harassment via Visits is less easy, but all you need do is thrust a Written Copy of the No Callers Harassment Letter under their Bugle and slam the Door and/or escort them to the Roadside. Do get their Name and Vehicle Registration however! Such visits are simply pre-planned Trespass and deliberate Harassment. Make notes after they have gone, and add that to your Harassment Claim File.

 

If you feel any such visits are in any way intimidating or threatening, it's then a straight Police matter, and the number to call is: 999.

 

If you ask someone to leave your Property three times and they refuse, then calling the Police is the next step to take. You are allowed to use reasonable force, but if you say to the Police you have a hostile Tresspasser who refuses to leave, and a Breach of the Peace is highly likely to happen very soon, they will send someone around. Even if they don't appear, log the Call as evidence you felt Harassed enough that you needed to Call the Police. A 999 Call will be Logged by the Police.

 

Again, after the dust settles, make notes of all key facts, and add that to your Harassment Claim File.

 

I hope this helps.

 

Cheers,

BRW

[Tonka99]

Hi BRW

 

Been looking at your replys and Slicks and wonder how

I would be coping IF you guys were not around

Am trying to do charges at the moment using or trying

to use c/c on works cant seem to get the jist of it , Have

got xp dont know much about computors my son is away at

the moment so maybe i will have to wait.

In the mean time LLoyds are really hotting up with our Joint

account O/d which is all charges:o £2775.00 of them , they

have written to say that they will be taking OH money from

his Gold A/C if we dont pay in ten days :o

Tonight have applied for new accounts with a very nice chap

who came to see us a month ago about our retail machine he

advised that o/h applies as sole trader for the Business and

retail machine then for a basic currant a/c , he has Pensions

from MOD which are paid into his a/c .

BRW you say you were turned down god I hope we are lucky

with ours .

 

Really must get round to updateing all the other Threads

 

MBNA have gone very quite .

 

There does not seem to be enough hours in my days must make

more time to do letters charges ect .

 

Hope your both well and enjoying the SUN

 

cheers T99

[slick132]

Hi Tonka.

 

Just fine thanks

 

Time to get the new bank a/c's sorted (Good Luck) and maybe get that money in the Gold a/c out of Lloyd's reach. They'll nick it without hesitation and you'll have no means of recourse.

 

Is the o/d on a personal or business a/c ?

 

Off now, but will catch up tomorrow. Gnite

[banker_rhymes_with]

Hello T99!

 

BRW you say you were turned down god I hope we are lucky

with ours

 

Yes, we were. And for a new Business Account. I am somewhat apoplectic with rage about that, as 3 Months ago I had a clean Debt File. Nothing should've changed that, so whatever has, is in relation to CCA Requests.

 

In other words, Charges added once Accounts in Default of a s77-79 CCA Request.

 

Lesson there is get any New Accounts you need before starting a bun fight with a bank!

 

Hindsight...I wish I could bottle that up and sell it!

 

However, I think there is some Poison Pill with one of the CRAs, but they are making it very hard for me to see what. I am quite sure this is deliberate. The CRAs are up to their necks in league with DCAs and bankers, so going anywhere near them is bad news.

 

Calling a CRA is the same as Calling a DCA. I had to Call them to sort out the lack of access, but I knew that they knew there was something they did not want me to see. I've spent Years on the phone in business, and can hear a lie pretty clearly by the way people conduct themselves on the phone. Uncanny knack I've had, but it's never wrong.

 

I think one banker is trying to slip through a Default or something much worse, without me being aware. I will know within the next 14 Days when my Statutory £2 Debt File arrives by the slowest Mail they can possibly organise. Tried to get on-line access, but they are using layer after layer of "Security Checks" to keep me out.

 

By comparison, apply to borrow money to buy a Fridge on HP, and the spotty lowlife tasked to authorise the "facility" can see my whole File in seconds.

 

But the Lesson is that once they start to litter your Debt Files with adverse information, getting new Business Banking facilities will be very, very hard. I stress Business, not Private.

 

Private Accounts are less hard to get, but still not easy. New Business facilities, however, could be a nightmare for you. If anyone has any suggestions there, please do join in and suggest!

 

The bankers cannot pass wind these days without first checking the CRAs Debt Databases that it is "prudent and tidy" for them to do so.

 

Cheers,

BRW

[Tonka99]

Hello all

 

UPDATE

 

HAVE TODAY RECEIVED THIS FROM B>C

 

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Seems they want to settle , have not done my charges yet but will

be on the case tomorrow , they have stopped calling , it seems

Mercers have written this .

Any thoughts about a reply

 

Thanks for looking in T99

[slick132]

Hi Tonka,

 

You need to work out what penalty charges you've suffered so we have a full picture of your situation, ie your present approx a/c balance and the charges (and interest on those charges) which you can claim.

[Tonka99]

Hello all

 

Update

 

have today got a letter from B/C :

Final Response

"

Dear Tonka

I write further to your previous correspondence, details of which have

been passed to me so I can clarify B/C position.

I understand that your complaint relates to legal issues pertaining

to sections 77/79 of the CCA 1974.

Firstly, I would like to offer my apologies for the upset and inconvenience

this matter has caused, this most certainly was not our intention.

I note that your account is with our Customer Care Dept, and they

have requsted the assistance of our Data Protection Team, in response

to your complaint.

This being the case, I would respectfully request, that you direct all

future correspondence to our CCDept. They can be contacted on xxx

 

I fully appreciate this is not the respnse you wished for ; however,

based on the above, I am unable to assist you further in this matter.

For the purpose of the FOS you may regard this letter as our Final

Response to your complaint."

 

this is hand signed by a living being

 

Thanks for looking in

 

T99

[slick132]

Hi Tonka,

 

Read the ltr a few times looking for it's meaning or substance. There IS none - whichever dep't wrote it is saying we're sorry but speak to CCD.

 

While you await the next contact from BC or their cronies, have a look here which may have relevance to your situation - http://www.consumeractiongroup.co.uk/forum/announcement.php?a=128

 

How are you doing with the charges claim?

[Tonka99]

Hi Slick

 

Been so busy here we are not far from Glastonbury im shattered

still good for the till

 

The letter is as you say full of nothing it dosent say what they

are sorry about , or that the CCA is duff , anyway the phone has

been really hot all week Mercers up to 8 times a day Lloyds the

same .

 

The charges thing i dont seem to be able to get my head around

the speadsheets are ok I must be dumb as i just cant seem to get

them of the computor, have my son back tomorrow so if its not too

busy will get him to show me what im doing wrong .

 

Thanks for stopping by

Cheers T99

[Tonka99]

Hello all

 

Could some kind person PLEASE help me with the spreadsheets to do

my charges , have done a bank account on apr29.90% sure dont know

what im doing its taken from Stevens Interest Tutorial .

 

Many thanks for looking

 

T99:confused:

[slick132]

Hi Tonka,

 

Steven's usual advice is that you really need to understand what you're doing when claiming interest on the charges as well.

 

There are 2 spreadies in his Tutorial - which one are you using and where are you stuck.

 

Is this for a bank a/c or credit card.

[Tonka99]

Hi Slick

 

soz to be so dumb , im using the credit card spreadsheet , have done

Oh bank charges on this as well , i want to do my BC charges But what

apr should i use :idea:

 

cheers T99

[slick132]

Hi Tonka,

 

Is it this one -"....in the Advanced Spreadsheets in the Bank Templates Library"

 

Or this - "....this simpler spreadsheet"

[Tonka99]

Hello Slick

 

Its the simpler spreadsheet

 

T99

[slick132]

Hi Tonka,

 

Thanks for the PM.

 

Just to clarify, you're using the Credit Card - Simple Excel version and will claim 8% s.69 interest on top, if you file your claim at court.

 

This will get you a quicker and easier refund of the charges, probably without having to file your claim at court and you will not have to prepare Cort Bundles, etc which you would if you were claiming (the higher amount of) interest in restitution.

 

Now get that Prelim Letter off !!

[Tonka99]

Hello Slick

 

THanks and Goodnite

 

T99

[Tonka99]

Hello all

 

Have just received a Default Notice from BC/Loan .

I sent a SAR back in April to B/C i know they received it as

i had all my statements back for my B/Card from the same date

I also have a current Additions account with them , which was

also included in the SAR nothing returned from that one either

should i resend with another postal order or write to say where

is my other Data

 

Thanks for looking in

T99

[slick132]

Hi Tonka,

 

It's been suggested that separate SAR's are needed for Barclays Bank a/c's and for Barclaycard a/c's.

 

Send another SAR for the a/c which you still require data for with the £10 fee. If you issue court action, claim the £10 back.

[Tonka99]

Hello Slick

 

Thanks for that will be on it now .

 

How are things I have been soooooooo busy :)am really tired and

watching the O/Games Dressage half the night didnt help, nevermind

its the cross country tonight 8)

 

cheers T99

[slick132]

Hi Tonks,

 

I'm good thanks and glad to see you're enjoying the Olympics.

[Tonka99]

Hello all

 

Another new Tread Barclays are after more of my blood:eek:

 

Have had this account for about ten or so years had a overdraft

for £500.00 which has gone a bit over they have now instructed

Credit Solutions Ltd to collect , back in April sent a SAR to Barclays

which included my B/C account and my Loan account and this one

have heard nothing back re Loan or this account only statements

for B/C, so Monday i shall be off to the Post Office yet again for a

£10.00 P/O to send to Credit Solutions as over the years a few charges

have been made im sure .

 

Will keep you updated

Thanks for looking in

Cheers T99

[slick132]

Hi Tonka and hope you're well.

 

We've seen Barclays responding with either BC info or bank a/c info, but not both from a single SAR.

 

So you're right to send off again for the missing bank a/c info with the £10 fee which you can add to your claim.

 

However, I'd send the new SAR to Barclays to get the info on both a/c's.

 

When Credits Solutions start hassling you, tell them you've done this and, because there are unlawful charges, the a/c is In Dispute.

[Tonka99]

Hello Slick

 

Having just reread the letter from Barclays it states that they

will no longer accept any further communication from me

also they have added a £25.00 referral fee to my balance:eek:

 

Think i will Sar Barclays and send Credit solutions a copy they

have been calling here a lot today .

 

I have been busy doing the accounts for the dreaded VAT:(

gone off today with accountant .

 

will get on the case asap

 

hope your well

Cheers Tonk,s:)

[slick132]

I'm good thanks Tonks,

 

Haha, I think Barclays will find they have to respond to your SAR.

 

Get it off asap.

[Tonka99]

Hello all

 

Update

 

Have now got a Company called RMA demanding payment in

full

Received a letter from RMA saying :

Dear sir/madam

 

we act as agents for B/C who have informed us that you have

not complied with the Default Notice recently sent to you .

the balance above is now due in FULL and B/C DEMANDS that

you pay the amount IMMEDIATLY.

 

I have today received a post card saying we will be calling on Sat

between 9am _1pm if inconvenient please telephone xxxxx.

 

Have written to RMA saying B/C have not yet produced an enforcable

agreement and the account is clearly still in dispute also enclosed

copys of letters to B/C and Mercers for them to see .

 

My B/C file is getting very FAT:wink:

 

 

Thanks for looking in

 

T99