Morgan Stanley CCA- received Barclaycard terms in response**WON, THEN WON AGAIN!!!**

[noomill060]

Oh dear, just tried to use my card, 'twas refused.

 

 

Unlawful Recission of Contract?

[the_shadow]

Oh dear, just tried to use my card, 'twas refused.

 

 

Unlawful Recission of Contract?

 

 

It amazes me how petty minded and amateur some of these organizations are, with all there money and legal expertise on tap surely they realise the correct way to cancel a card:???:

 

Go get em noomill!!

[brindles]

Wow-well done noomill,

Thanks for the great advice.

[pt2537]

Oh dear, just tried to use my card, 'twas refused.

 

 

Unlawful Recission of Contract?

id say the were in repudiatory breach and if accepted as such the right to claim damages for repudiation may be yours

[Josie8]

congrats

[noomill060]

Repudiation- yikes!

 

The only info on repudiation I can find relates to the 7 year leasing of an oil tanker in 1998, where damages were sought by the ship owner after the hirers handed the boat back due to errrrr.... local difficulties in the Persian Gulf area after 9/11.

[deepdebt]

what does formatting mean, steven? I note you have cagbotted my POCs.

 

Hi noomill060,

 

Did the CAGbot supply a satisfactory explanation for his 'Edit' work on your POCs??

 

I do hope the wave continues towards Barclaysharks!!

 

Finally thank you for all your help, great support and advice.

[noomill060]

If anyone is interested, here is Barclay's big scary defence.

 

 

A bit rubbish, isnt it?

Edited March 13, 2009 by noomill060

[pt2537]

 

 

A bit rubbish, isnt it?

 

 

 

 

 

 

 

 

yep

[noomill060]

This is the LBA wot I wrote.

 

It is NOT endorsed by CAG in any way.

 

 

 

address

date

 

Barclaycard Cashback.

 

a/c number:

LETTER BEFORE ACTION

　

Sir/Madam,

I write in connection with the above account.

On 30 September 2008 I sent Barclaycard a request for a true copy of my credit agreement under s78(1) of the Consumer Credit Act 1974. (The Act)

As of the date of this letter, there has been no response to this request. I am thus of the opinion that no such document exists and that under s.127 (3) of the Act, this account is unenforceable.

I am also of the opinion that any penalty charges and PPI premiums, for which you would assert that I gave consent to by signing any alleged agreement, are void and unenforceable as you are unable to substantiate any claim that such consent was given, if indeed such penalty charges were fair and lawful, and PPI correctly sold at the outset, which I assert they were not.

In the alternative, I will assert that the PPI premiums debited were as a result of miss selling, as outlined in an earlier letter (currently the subject of a complaint to the Financial Services Ombudsman. Should legal action become necessary, the FOS will be informed) and that the amount of the penalty charges levied for breach of contract are not proportionate, do not represent a true pre-estimate of your costs, and are unfair and unenforceable.

Although this account may be unenforceable by you, the creditor, I am of course entitled to seek reimbursement for such sums which were added to the debit balance unfairly or unlawfully and for any and all interest levied thereon.

I therefore give notice that as of 8 November I require reimbursement in the sum of £583.65, this being the amount of:

a) PPI premiums relating to insurance which I believe was miss sold

b) unfair/unlawful penalty charges

and all interest subsequently unlawfully levied thereon, at the compound contractual rate.

Settlement to be in the form of a cheque/bankers draft or cash.

A schedule of these premiums and penalty charges is attached to this letter.

Naturally, interest is accruing on this this figure at the contractual compound rate of 20.9% per annum.

Should you wish to settle before legal action is started, please add a further amount, equivalent to the daily rate pertaining to this account, for each day after 8 November 2008. Please allow a further 10 days interest to cover time taken for delivery of your cheque and it’s clearance through BACS.

　

　

　

You do not have my consent to disclose any of my personal information, nor can you substantiate any claim to the contrary by production of a properly executed credit agreement in the required form and content.

It would appear that by doing so you are committing an offence under s.174 of the Act.

174 Restrictions on disclosure of information

(1) No information obtained under or by virtue of this Act about any individual shall be disclosed without his consent.

(5) Any person who discloses information in contravention of this section commits an offence.

　

　

　

I therefore additionally require written agreement from you, that

a) the account is unenforceable at law and that you have written it off with a £zero balance

b) you will not contact me in an attempt to recover (either as original creditor, nor by assigning the account to any third party) any sum which you may consider owing under this account

c) you will cease processing my personal data to third parties

d) you will not start to process my personal data to third parties

e) all personal data relating to myself in this account, processed to third parties, (including, but not limited to, Experian, Call Credit and Equidebt) will be permanently removed, or any balance permanently set to zero, with the word “Settled”

　

　

Failure to comply with the above requests within 14 days will result in legal action to enforce my rights under the Data Protection Act 1998, a request for a declaration under s.142 of CCA 1974 that the account is unenforceable and a claim for all damages suffered, all court fees and interest pursuant to the County Courts Act 1984.

　

Yours faithfully,

 

 

Edited February 14, 2009 by noomill060
My legal training consists only of modules of a BTEC HND, taken in the mid 1980s in Bolton. Seek qualified legal advice

[noomill060]

No idea why that appeared so huge.

[deepdebt]

No, not in the profession- just two and a bit years reading all I can on CAG.

 

Hi noomill060,

 

Apprentice of the year! certainly time well spent thats for sure.

 

Thank you for posting these up for all to see, so reassuring to know what is to come.

 

Hope CAGbot doesn't edit these POC's away.

[noomill060]

Its ok, itmatters not they do get Cagbotted, as Ive got the file saved.

[deepdebt]

Its ok, itmatters not they do get Cagbotted, as Ive got the file saved.

 

Good! keep safe, hopefully fire proof, as they may make excellent reference material.

[LampLighter]

Greetings all.

Just wanted to say, as a newbie to this incredible site and context, that this thread, although about a different aspect of BC's behaviour to that which currently afflicts me, is truly and wholeheartedly inspiring.

 

Way to go, noomill060 ... man, I just love to see points so well put and elaborated, great stuff! It is wierdly hilarious (and rather sad, in a way) to see the Respondent's staff appearing to lamely 'flail their arms' at the end to pretend to defend against honesty and logic. The letters from BC towards the end are ... well, words fail me. It's so appalling, their whole approach ... grrrrrrrr! Makes me as mad as the Monty Python chef (Cleese). [Picks up cleaver, contemplates famous brand].

 

It beggars belief that their behaviour is not properly prosecuted by the regulatory authorities, though in the current climate why am I so surprised. Regulators? I could regulate better down the pub with one hand tied behind my back!

 

*T*H*A*N*K* *Y*O*U* one and all herein for enabling and empowering me to start my fight back against Barclaycard.

Catch you in my thread ... :-)

 

Lamplighter.

Edited February 22, 2009 by LampLighter
Avoidance of risk of libel action due to charged emotional state.

[noomill060]

A few weeks ago I wrote to the court asking that the claim be withdrawn but with liberty to apply, just in case.

 

 

Barclays have failed to honour their offer of settlement.

 

They have not removed any negative data and mark it as settled. The account is still marked as having missed payments, being overlimit and with a large amount owing.

 

I will be applying to the court to reopen the claim and for an award for damages due to promissory estoppel, repudiation of contract and also an award for damages under s.13 DPA.

[42man]

Go for it Noomill...keep us posted...

[brindles]

 

I will be applying to the court to reopen the claim and for an award for damages due to promissory estoppel, repudiation of contract and also an award for damages under s.13 DPA.

 

Oh dear, you have given me a few things to read up on

 

Good luck noomill and thank you for taking the time to share this with us so we may all benefit from your efforts.

[noomill060]

Cant say too much at the mo, but the Mecanno cogs are now turning.

[pt2537]

Cant say too much at the mo, but the Mecanno cogs are now turning.

Oh GOODY , cant wait til they stop turning and we know what the result is:D

[noomill060]

Just waiting for a CRA to answer an innocent query, as answer by law they must...

 

Then, carpe jugulam- behold, I am become the slayer of worlds.

 

 

 

 

 

(Well, ok, I write a strongly worded letter to the court again)

[Harrassed09]

Goodness!!! I have read from beginning to end and am 'disappointed' in Barclaycard's actions - not in the least surprised though!!!!!!!!!!!

 

I have got 1/2 way through your process having just received illegible application form with 'Blue Peter' T&C.

 

Will be referring to your storyboard for some time to come

 

Keep up the good work, am sure there are plenty more MS/Goldfish/Barclaycrud 'victims' receiving the same letters as you

 

Thanks again for your detail - WE WILL WIN IN THE END - KEEP STRONG!!!

[militantconsumer]

Subbing to this brilliant thread - we could be going down the same road soon....

[deepdebt]

Cant say too much at the mo, but the Mecanno cogs are now turning.

 

Sorry noomill060 didn't realise you were still having to deal with this.

 

My barclayshark thread can wait, after all its 'all we hold' ha ha.

 

Be lucky.

[Livis]

Hello Noomill, just read your thread and it's really inspired me to get on with my recalim for PPI.

I never actually asked for it, (even the box is ticked NO) but they charged me anyway.

My question is can you let me know what spreadsheet you used to work out the interest.

I thought seeing as you'd been successful i would ask you. I'm sooooo confused by the whole compund interest thingy.

Thankyou

Livis xx