Minnimes -v Barclaycard

[minnimes]

gosh whats going on with my spelling today? sorry

[slick132]

I'm just saying you should understand:-

 

1. What action you are undertaking when making the N244 Appl'n.

 

2. That there is a risk with costs because the case may be dealt with on the Fast Track or Multi Track and NOT on the Small Claims Track, because of the legal issues involved.

[minnimes]

what would you recommend i do slick? do you think its best i let them take the lead and wait for them to send me court papers etc?

[slick132]

Hi Minnimes,

 

The choice really is yours to make. However, there are two reason why I would hold off on CPR action with BC just now:-

 

1. Considering what's happening with your MBNA case, you need to focus on getting a defence in on that.

 

2. If you wait a while before dealing with BC, there may then be other cases which give an indication of how different courts are dealing with such cases.

 

[minnimes]

ok, i filled out the court papers online stating what you said. i dont want to take on to much at once.

[minnimes]

guess wht? had a letter from barclays !! it says "thank you fro contacting us.Enclosed is a copy of your bc t&c.if you need any extra information of if you've any questions then visit our website of give us a call.

thank you for choosing bc we apperciate your custom.

yours sincerely elaine mockler

customer service director.

 

 

so do i take it this is the agreement they said would follow~? do you think i should write back thank them for the reply but point out they have still not sent the information i have requested from them? is there a letter i should send? or do i ignore it and let them take me to court?

 

also the t&c dont appear to even relate to the account, the charges and thing are set at £12, i took the account when the charges were higher, there doesn tseem to be any dates on teh terms and conditons just a line abou it relating to the account mentioned on the covering letter.

[slick132]

Hi Mins,

 

They are probably current T&C's which is why they show the £12 charge.

 

Writing back will get you nowhere with them, except frustrated.

 

Deal with this in whatever way you decide re CPR, etc but concentrate on MBNA case first.

 

[minnimes]

had another letter from calder saying i have failed to correspond with them!! i have printed out my last letter to them, my proof of delivery and the last letter i sent to bc. they keep phoning me as well even though ive told them not to, and they hate when i say i wont talk to them or go through security then hang up and they keep ringing back, they've now took to sending voice txts to my land line as well. im going to ring the fos and report them i think. will post the letter with my proof just to see if i get anything back, ive also had a letter off bc saying they are looking into my complaint, aha, any ideas what i do next?

[slick132]

Hi Minnimes,

 

Are you keeping a log of all call times and dates, to back up any complaint.

 

Have you told the callers you are recording all incoming calls for a complaint to the FOS.

[minnimes]

er, no. i didnt realise i had to.will start doing it now. i think they'er getting bored of calling now anyway. they got my letter today,signed for so hopfuly i'll get something back.

[minnimes]

sorry ive not been on for a while ive had swine flu and am just starting to feel better, had a letter from bc saying they are looking into my complaint and will get back to me by the 9th sept. i think its for this account although im not 100% as there is no account number on the letter so could be for the other bc account,solution, so as bc are writing to me who is dealing with the account? calder or bc? calder keep calling and i have told them i will not go through security as i want written responses for my records. the guy today was very insistent saying the reason he was calling was in response to my letter and that it was faster to call like i pointed out its not, he could have typed it up and posted it 2 weeks, that would have been faster, i think i should expect a nasty letter now.

[slick132]

Hi Minnimes,

 

Hope you are recovering well.

 

They are useless, sending letters with no reference or account number.

 

See what comes next.

[minnimes]

ok, had a letter from them demanding full payment, it says following a default notice, which ive not had. any way i gave in a rang them, shoot me. i got a half decent woman who said that they will just continue action and will not respond to my letters. i have sent a cca to which they sent black t&c about 4 times. ive since sent a cpr which they are choosing to ignore. last time they called and i refused to talk to them they said they would contact me in writing in responce to my letters, they havent. ive asked for a copy of the default notice as well. i will not take any more calls from them and they noted it on the system this time. so where do i go from here?

[slick132]

Hi Minnimes,

 

Just flicked back through the thread and I can't see that you've started to reclaim charges on this a/c, or sent off a SAR to get the statements if you need them. Have you dealt with this aspect.

 

Unless you take them to court using the CPR strategy, they'll carry on with the calls, etc.

[slick132]

IFTL,

 

I've replied on your own BC thread.

[minnimes]

no slick, all ive done on this account is a cca request followed by a cpr. ive had a letter today saying they have complied with my section 78 request. whcih they only sent blank t&c 3 times. they have not responded to my cpr at all. they are saying they will continue with collections and do not have to respond to any of my letters.

[slick132]

Hi Minnimes,

 

Roughly how much do you owe on this a/c and how much have they charged you in penalties.

[minnimes]

the balance is shocking , almost £10 000. prob about £1000 in charges. so scarily big. does the section 78 cover the cpr? i thought it didnt,but they choose to ignore those letters.

[slick132]

Hi Minnimes,

 

The CCA request under s.78 CCA 1974 is the first one you made. The CPR request letters are made using the Civil Procedural Rules.

 

They are two separate matters although BC tend to ignore both of them.

 

Re the charges, you can set about reclaiming them to reduce the balance owing on the a/c.

[minnimes]

ok, will get an sar sent off, what do i do about the cpr? do i write again and say thank you for your letter re section 78, however you have not complied with my cpr request? or do i just ignore it and wait it out?

[slick132]

Hi minnimes,

 

Only pursue action as per the CPR strategy if you are fully prepared to take BC to court to get an order for the agreement to be produced.

 

You may then have to take further action to get an injunction against BC and others from pursuing the debt if there is no enforceable credit agreement.

 

The alternative is to wait for them to take you to court, and defend if they don't have the proper documents.

 

Yes, send them a SAR if you don't have all your statements to show how much you've paid in penalty charges.

[minnimes]

in theory i should get the agreement from the sar shouldnt i ? i wait for them to take me to court, cant wait to see whats in the sar though.

[slick132]

Yes, in theory, you should get the credit agreement as part of the SAR response, but you won't.

 

Read the last few posts of this thread - http://www.consumeractiongroup.co.uk/forum/barclaycard/206754-angmarie-bc-mercers-3.html#post2410918

[minnimes]

so basically odds are i still wont get an agreement from them from a sar, ive tried the cpr and cca, so will get a sar sent off to get the charges back and just wait and see what they do next. thanks slick, x

[slick132]

You won't get the agreement from BC voluntarily in response to a SAR. But when they refuse, you can try a complaint to the ICO about BC's non-compliance, which will cost you nothing.

 

Similarly, BC won't produce the agree't in response to your CPR letters 1 and 2. That is when you put a claim into court to pursue the matter using CPR 31.16.

 

So put in the SAR as you say and make your next decisions when they reply.