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    • That’s brilliant thanks for all the info, enjoy your evening.   Yeah, that makes a lot of sense about the F&F, definitely something worth considering to lower the amount of communications to deal with.   It’s good to know that newer debts can also be missing the documents needed, sounds more hopeful.   Thank you    
    • You are receiving what you bargained for / accepted, for both contracts (site access & tent). Did you book the tent for 4 nights, knowing you could only use 3. if the tent had been available for 3 nights only: you could have contracted for that. if it wasn’t, and your choice was “pay for 4 nights, get 3 nights use” or “don’t book” - you made your choice, and agreed a contract.   They are now offering others more, but provided you are receiving what you contracted for and no less, you don’t have a cause of action.   If you might get the extra tent night free, but only if you pay the access fee : you are still no worse off!   if you want to get “more value” from the tent contract : consider paying the site’s early access fee. If you choose not to you’ll still get what you originally contracted for so aren’t actually worse off, even if you feel slighted.
    • Hi,    I'm not sure if this is the correct forum for the following, and am looking for a general consensus or thoughts on whether i have cause to take action or not?  It's long winded but I've tried to be as concise as possible with the facts of the matter.    We booked a festival ticket for an event running from Friday to Monday, in addition we booked via a separate 3rd party company a luxury tent in that companies camp site within the festival. This was at a considerable cost.    Sometime after the purchase of the festival ticket, the organisers announced acts for the Thursday night and an early entry ticket for that night at a reduced cost.     We are not in a position to purchase an early access ticket, as we're unable to change our plans.  On the festival forum those who had purchased an early access ticket for Thursday entry questioned whether they would be able to have an extra night in the luxury tents, otherwise what would they do? The festival organisers said they would be able to. However when we queried the 3rd party they explicitly stated their site was not available on Thursday and would only be open Friday to Monday.  A number of other people reported the same response.   It was on that understanding that we did not actively try to make arrangements that would have allowed us to purchase an early access ticket.    Then all of a sudden the 3rd party changed its position and an email was received to say anyone booked into the 3rd party site would have a free night on Thursday if they had paid the festival organisers the small amount for the early access ticket.    It doesn't seem at all fair some can benefit from this, and some cannot, and I've no problem with anyone who does benefit.    I've messaged the 3rd party and they maintain the terms and conditions haven't changed, they've just added an extra free night that anyone with an early access ticket can take advantage of. This was not the case at the point of sale, because if it was we would have made arrangements to take advantage, instead we were only made aware after they changed their minds to permit this, and we're now not in a position to benefit.    I believe the terms and conditions have changed, and as a consequence I'm paying for a 4 night luxury Tent, and only receiving 3 nights.     I believe it is reasonable to receive either a refund for one night based on the cost now covering 4 nights, or a free night, and a refund of the cost of one night based on the original total of the 3 night contract.    Am i right or being stupid?   Thank you. 
    • Scotland - I know there are some differences when compared with England around statute barred, there may be others I'm not aware of so hopefully someone else is keeping and eye and will correct anything that is said.   I've plans this evening with the fam, so this may be rushed and I might miss something. Given you have so many accounts in different stages, it will be difficult to dig into each individually but the same will apply for all and we will get there   Priority debts are essentially anything that keeps a roof over your head. Anything consumer credit (CC, loan, store cards etc) are NOT priority debts.   Yes, that's what I meant, but really I just mean you will have choices with some saved in the bank. It makes sense on smaller accounts that you offer F&F to clear them IF they aren't already defaulted as it will just lower the amount of communications you will start getting - BUT defaulted debts will show on your credit record and affect you whether you pay them off or not, 6 years from the default, then they will disappear (could be 5 in Scotland, not sure)   You're quite correct that the older the debt, the more likely the paperwork is missing, but some of mine were very new (2020/21 also) and they couldn't provide the documentation..   Lets start here:   -  lower the pro rata on all to £1 (don't provide any income & expenditure info) -  CCA Request to each company that has bought the debt from OC (the last letter from OC will state they've been sold to xxxx) -  get access to credit file -  Forget your morals, they have none   For those debts already showing in default on your credit file and have been sold, you can stop paying entirely until you receive a complete CCA from them   I'll be back later   BT
    • Just a question out of curiosity. What will happen when the 6 years pass since all this began. By this I mean my moving out of the property and all that has followed? From what I can remember I definitely moved out either May or Jun 2016, as my dob is May and I moved out soon after celebrating it. So what will happen when 6 years pass, could someone please explain? Thank you 😊   
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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.

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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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