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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Barclaycard Can you trust them ?


blencathra
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Hi Desperate Daniella. I was told I had contacted the wrong office by Mercers . They then gave me the right address and what happened, yes your right nothing at all. How can Barclay's not be able to transfer items when Barclay's, Mercers and Calder , I bet are all in the same office. They just change hats.

 

Well i suppose something did happen. that nice Elaine Mockler had added another £12.00 late payment charge. How can it be late if i have not paid it at all, When did i pay it what time , how much late was it ?. They fail to respond. But as Elaine Mockler does not talk to customers. I dont recognise her.How can they prove i owe them money without an agreement.

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Hi there is it no surprise that i have not received a telephone call or a copy of my credit agreement from Barclay's. THEY CANNOT BE TRUSTED EVEN MORE SO. How do they expect the public not only to trust them but to respect them also. I do neither. I was promised a copy of my CCA would be sorted and she would call me back to let me know it had been found. Barclay's are all mouth and have lost all credibility with me. What little bit they had. Sorry no magic formula or CCA

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Obviously, as we have all found out, they pass from pillar to post, they edited will say anything on the phone.

You should send all correspondance to their head office so they cant deny getting it.

You could have ask the numbskull if she can operate a fax and send it there and then, or convert it to pdf to send by e-mail whilst your on the phone so you can explain things very slooowly to them, they do hate that:D

Edited by slick132
libellous comment edited - site cannot risk being sued
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I send all my correspondence by recorded delivery and then use the Royal Mails Track and Trace. so you know they have got it. I wasn't expecting a copy of the agreement Bazaar, It was more tongue in cheek. If they havnt got the CCA as i requested in July 2008. they are unlikely to produce it now.. Every time i write they write back and say its our final reply. they have more final appearances than Tina Turner.

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Right today I am going to write one strongly worded letter to this nice Elaine Mockler. I know there is no chance of her ever seeing my letter, but it is for the record and my file.

 

What kind of company puts managers automated signatures on letters. with contents that are breaking the law.? What kind of company ignores your letters and questions?

 

What kind of company tells you this is our final response. Then tells you again and again he he?

 

What kind of company? sends you mail from one address and has a different one on the envelope. Somebody has a long way to go to post the mail.

 

What kind of company Has telephone call center's, that have staff that talk down to you and treat you with contempt ?

 

What kind of company has staff that are totally ignorant of the law. To me that brings into disrepute the training . or they have no morals.

 

What race are these people? How can they treat fellow humans this way ?

 

What kind of company is it let me think ........... ah yes... i think i got it

 

BARCLAY'S who else. I bet i hear you saying why just Barclay's. they are all as bad and YES YOUR ALL RIGHT.

 

Regards Blencathra

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Blencathra, now youve got that off your chest:). Have you thought about reporting them to FSA, FOS? They say its their final response, well thats just not good enough, so you now need to report them. If youve sent them an account in dispute letter due to their failures on your CCA request, then send them a reminder that you're under no obligation to pay anything until such time as you get physical sight of the executed agreement.

Let them know youve now escalated this complaint to the authorities. It may well do no good, but it'll show clear dispute and their obvious disregard for you.

Send it to their head office I think its Churchill Place, someone will correct me im sure.

Then see what happens, most likely, they will sell this on, but you'll have all this correspondence to hit back with. Oh and by the way, have fun with it. As you say they havent got the CCA, so what can they do except empty threats?:D

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There's on-going debate about this point but some say there is merit in BC's contention that, by sending out their T&C's, they are fulfilling their obligations to reply to your CCA request.

 

It is not, therefore, certain that the a/c IS in dispute. Even if YOU believe it's in dispute, BC will maintain it is not and they are free to demand pay'ts, add charges and interest and enter Defaults.

 

This is why users are now trying the CPR route shown in Link No 2 in my signature.

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Agree with you slick, but we must be seen to be 'doing the right thing' as it were. We give them the option to produce the agreement with the CCA, they then try the bluff. Then we hit with default letter, next its the CPR route, before they get a chance to issue court proceedings.

My concern with all this is that some people just wont have the time to get everything going. Perhaps we should get the legal bods involved and create a sticky for this particular method. I personally believe in creating a step by step guide for the judges to follow. (Im not saying they are not educated people). IE, if a Judge can see that youve tried everything, legally to get sight of an agreement, then I cant see many Judges saying that the banks have any rights to litigation.

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The most important thing is to show you've acted properly and reasonably in your attempts to get sight of the Credit Agreement.

 

But ultimately, it is down to a judge on the day, and how (s)he interprets the various aspects of law.

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 4 weeks later...

its been a while since i updated this thread. Now i think Barclay's have fallen out of their tree. They have sent me a final answer. worded in the same way as all the other letters are. Then i get out of the blue a letter from Calder Finance Based in Liverpool but in a Barclay's envelope. Do they

think we are stupid altogether. They make the usual demands ,, so i wrote to them. No reply until the 12th March 2009 then they write to me again saying Wait for it.....As have not paid. Barclay's intend to sell the debt off IF I WANT TO STOP THIS SALE. PHONE TODAY he he he he THIS IS MY LAST CHANCE. YIPPEE. What a lovely letter i am going to write. and today I got a letter from Mercers with a default notice. a Liverpool address in a Barclay's envelope from Northampton . Dont these companies go a long way to post mail Telling me i should contact them IMMEDIATELY who the hell do they think they are.

 

Why should i if its going to be sold off. If Barclay's sell it off. It will just another part of the Consumer Credit Act they have broken. Passing to a third Party . adding charges. Sending a default notice. Are they going for a full house. I believe that if it is sold Barclay's will be committing an offence of some sort as they know it is in default and should not sell it on when there is no chance to collect. It could be fraud

 

Mercers have the nerve to say UNDER THE TERMS OF YOUR BARCLAY CARD AGREEMENT. i must make at least a minimum payment. They ignore all requests to provide the legal agreement so how can they quote it to me cheeky things or words to that effect.

 

It is just one big farce from a company who cannot manage its own affairs. Continue to break the law and think its the right thing to do. WELL I DONT .... They even say i can pay by Barclay card. what a laugh What Barclay card ? and they say i have broken the agreement What agreement ? I shall have some fun with this little lot

If they think i am contacting three departments at the same time they are barking up the same tree they fell out off.. BARCLAYS....MERCERS..CALDER FINANCE all the same company. He who pays the piper calls the tune.

 

Regards Blencathra

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Hi Blencathra,

 

Nothing surprises me any more.

 

I got a letter yesterday, after two months, banging on about Section 7 of the regulations, and I may have missed something but I don't think they have been writing to too many others here about this. I am hoping an expert comes on to my thread soon, as I am now very confused.

 

Anyway, what they were basically saying was that they can send anything they like and this constitutes an agreement. They said they had sent me an excerpt from my agreement, by which they mean a page entitled 'Conditions of Use', obviously taken from a folded leaflet as it was four small columns (landscape, not portrait) and this was sufficient. I wonder why I can't I have the excerpt with my details on it?

 

They say the account is not in dispute and they will continue with collection activities.

 

DD xx

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