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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Barclaycard No CCA


eastlondoner
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Hi EL,

 

I see no problem in reclaiming charges as a separate issue.

 

Also, you can and should insist on such charges being repaid to you direct and NOT used to reduce any balance on the a/c.

 

This is your right and if BC won't refund to you direct, you File a claim in court and pursue it until they repay you direct.

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Thanks Slick..going after the charges I think...already sent the prelim letter anyway! Wish I'd done the charges claim for my current account earlier...after totting up charges/ppi/credit card charges it clears a third of my debt. Suddenly things don't seem so disastrous but horrified I have been struggling for so long. No update on the CPR request, just a weird letter referring to token payments?! Given that I have not requested to make token payments on either Bcard it seemed odd and have not paid them a penny since my CCA requests. Didnt say which account it was referring to either? Just said Bcard did not accept payments of less than one percent of the outstanding balance unless approached by a credit counselling service. Threatening phone messages from a woman a Mercers have started again so Im guessing its a tactic to get me to pay...:)

 

 

 

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  • 2 weeks later...

Ok, been moving so unable to update...received some rubbish responses to CPR, after the deadline I had set, but nevertheless; for the Morgan Stanley Bcard account, I got a standard 'referral to complaints dept' letter and for the other Bcard exactly the same T and Cs and CCA 1978 letter they sent before, from a different name at Legal and Regulatory compliance. Address at top is misspelt and not the address when the card was taken out. More threats from Mercers. Pondering what next while I do some heavy lifting. Hope everyone is well! :)

 

 

 

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Hi El,

 

Hope you soon get all the boxes unpacked and are back to normal soon.

 

Great excitement while you have been moving :) - Barclaycard have come up with a new template letter of gobbledegook - this time banging on about Section 7 and all the usual rubbish saying that they can produce anything they like regardless of whether it has got anything to do with us, and it's our agreement. :rolleyes:

 

It's on militant consumer's thread amongst others. Or on mine, but I had to type it out.

 

Hope you can flop down and enjoy a drink before midnight.

 

DD

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Thanks DD! Still a bit haywire here but slowly getting there; several large Gin and Tonics have been poured and I thought a new era of calm would descend on the eastend...until...

 

Calder Financial, the charming fellows have started a new game of chase :rolleyes:. Just wrote them another letter referring back to Bcard, mentioning CPR, the T and Cs...etc etc etc. Gone all quiet with the MS Bcard and absolutely no word on missing terms/text. Am writing again to Barclaycard themselves to say they have not fulfilled my CPR requests and deciding whether to file an N44 now. I have lost count with how many complaints I must have running with Barclays now.

 

I will reiterate my utter disbelief at why the heavens it is so hard to find my CCA.

 

Thanks for all who have subbed...more news will hopefully be on the way shortly as I get myself organised again. :)

 

 

 

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Hi El,

 

It's always taken me ages to get properly sorted after a move. It's only really over when the very last packing case has gone. :)

 

I got an application form from bcard and there is a stamp saying "agreement sent ...." so as soon as my computer is repaired I'll be asking them to send it. Want to scan here for advice first though, and the computer won't be fixed until after 14th at the earliest. At least I have been able to borrow one which allows me to access email and get on this site. I was having withdrawal symptons after a week. :D

 

I have not heard very much from them since I wrote in January asking them to explain the discrepancies in the huge A3 thing they sent me. A couple of calls from Calders and I sent them back to bcard, but nothing more than that.

 

DD

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  • 1 month later...
You dont have to change your number just tell them you intend to sell the mobile and when they ring again get someone else to answer or change your voice and challenge them!!!!!:smile:

 

It works trust me!!:lol:

 

They always mis-pronounce my name so when they say is that 'Miss Trullupy' or something similar I can honestly say no! And as for calls to my mobile I always ignore calls from 0845 numbers, I think they've got the message because they don't call it any more.

This e-book is what got me started http://www.freedomfiles.org/mary-book.pdf

 

This short film opened my eyes

http://www.flixya.com/video/1164060/Money_As_Debt_-_Forex

 

In truth we can find peace and in unity we can cause change

http://www.tpuc.org/

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  • 5 months later...

Any news??

 

In same situation on my bc account

 

My oh has same czrap as Desperate Daniella

 

Have heard nothing for weeks but this week Moorcroft pre litigation dept sent 2 letters

 

Quaking in my boots!

 

Just wondered if anyne else at this stage - safety in n8umbers and all that!

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Hi DD

 

Looking for your thread where you have the A3 Morgan Stanley cxrap as my OH has the same and really cheating and seeing where you were

 

What do we do now? I am at a standstill with BC x2 and MBNA x2 REally keen to get them sorted

 

Harrassed-09

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I haven't heard anything for either Bcards for a while now. Wescot sent me a couple of letters, and I replied explaining that I hadn't received an explanation for the discrepancies on my cca and that the account should be returned to barclaycard. Nothing since...no response to my cpr requests either, so letting sleeping dogs lie for the moment. Anyone else got any news?

 

 

 

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Hi H09,

 

My thread is Desperate Daniella -v- MSDW/Barclaycard It has been very quiet for months. I've realised I haven't even posted the DCA news because DML just sent the same thing - half-size this time instead of double-size and I have just sent them back asking where the missing bits are.

 

No-one I have heard from has Q4. If you signed up for PPI you get a copy showing 11 questions, but if you didn't opt for this the application shows only 9.

 

The words cut and paste come to mind.

 

DD

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  • 3 weeks later...

Was surprised to see that there are no defaults on my credit file yet, although the red markers are piling up and it looks pretty trashed. Was still able to open a business bank account with Natwest, which was a major surprise, as I am now working again, another relief! Still no news on either account...

 

 

 

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Hi EL,

 

If you still haven't got sight of your credit agreement, see here - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

:)

We could do with some help from you

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  • 11 months later...

Ok...update to this thread...

 

Barclaycard have now sold the lesser of the two accounts. I have recieved a Notice of Assignment from Arrow Global and some threatening letters from Rossendales to my old address ( I have my mail forwarded).

 

Thinking about writing to them and stating my position on the CCA issue, and to let them know where I am living so I can challenge this head on.

What does anyone think?

 

Obviously I still haven't seen the CCA for this account. No word at all on the Bcard/Morgan Stanley account.

 

Hope everyone is well!

 

 

 

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Hi EL,

 

Long time, no see (or post !) and hope you're well too.

 

Since your last post here, a lot has changed - particularly regarding the cases of Carey v HSBC and Kneale V Barclays.

 

The first basically says the bank doesn't have to produce your credit agreement in response to a CCA request. They should still have to produce the agreement if they wanted to take court action to enforce the a/c in court.

 

The second case effectively put an end to seeking sight of the agreement using CPR31.16.

 

Am I right in thinking they have produced T&C's for this BC a/c.

 

8-)

We could do with some help from you

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