Markmarcos -v- BC **WON £500 Compensation**

[markmarcos]

Hi Everyone

 

I would appreciate if someone could tell me how i can start a thread!

I can't seem to find the option any where!

 

I have a problem with a debt with Barclaycard.

Please hekp

Thanks

[sallysas]

Go back one page and above the announcements on the left-hand side you will see a coloured tab called 'new thread'. Give your thread a name, type in your query and away you go.

[markmarcos]

Hi

I have been back a thread and cannot find the icon your referring to ;-((

 

Could you or someone post a link, which i could copy & paste to start a new thread?

 

Or is it possible you or someone could start a thread for me, and let me have the link here, please.

 

If not, i wanted some basic info re my case so far:

 

Several years ago (about 4/5 years, i'm not quite sure of the length of time unless i contact Barclaycard, or go back to the police where i reported this incident) i lost my wallet.

It had items such as my credit card, license, library cards etc....i reported the loss to the relevant orgabisations.

Having reported to Barclaycard, after a few days they wrote to me asking me to contact them.

They subsequently asked me what transactions were mine, as there were quite a few. I told them none of them.

Even after i had reported my card lost, they still allowed the transaction to carry on!!!!

 

They asked me to report this to the police and pass them a crime ref number. I reported this to the police, but they stated, the banks know the procedure to follow, and we don't issue crime ref numbers. So i got an incident log or something.

 

I passed this on to them. They were not happy, so i told them to contact the police and ask for the crime ref no.

They said it wasn't their job and i had to do it! I again explained what the police had stated to me.

 

They eventually stated they would not be issuing me with another card, and basically thankyou for your business.

 

A few years later. June 2006/7, out of the blue, i get a letter from Connaught Debt Collection Agancy, acting for 1st Creditm with all the normal jargon....and eventually a STATUTORY DEMAND, threatening to bankrupt me and take my house!

 

I contested this in the county court and had this set aside successfully. I still have the court papers and the Districts Judges decision in writing. I wish i had asked for some compensational expense etc.

 

It seemed to have been resolved, until a few days ago, i received a letter from 1st Credit asking for the £4700 again, and to enclose £10 if i needed a CCA request!

 

I subsequently wrote to them, telling them i was not interested in their letters, this case had been resolved at the courts via the District Judge and that don't waste time writing to me as i will not be responding due to the fact that the debt was NOT mine, and as previously explained, it was all fraudulant transactions.

 

I received a letter today, telling me they have written to the original creditor about my dispute and it could take a month before they get back to me!

 

CAN THEY GO BACK TO COURT AGAIN, AFTER AN SD WAS SUCCESSSFULLY SET ASIDE?

 

I would appreciate if someone could help me, as i have found some real genuine guidance from knowledgeable forum users, who have successfully persued, defended and been compensated for their troubles.

 

If some one can help start a new thread and post the link for me to carry on, i would really appreciate this, just incase someone may mind me posting my case on here.

 

Thankyou

[slick132]

You now have your own thread here in the BC forum.

 

[slick132]

Hi and welcome to CAG.

 

The setting aside of the Statutory Demand issue by Connaught Coll'ns was the courts way of confirming that the SD was NOT appropriate as an attempt to collect this "debt".

 

That does not mean the "debt" goes away.

 

Roughly what did you owe BC before the theft of your card and did you pay this off, in whole or in part.

 

Do you know how much was charged to the a/c after the card's theft.

 

I suggest you send 1st Credit a CCA request enclosing a £1 postal order. Use Letter N from here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

[markmarcos]

Thankyou guys for starting this thread for me

 

Roughly what did you owe BC before the theft of your card and did you pay this off, in whole or in part.

 

I owed them nothing. My debts are always paid in time, before the month is up.

 

 

Do you know how much was charged to the a/c after the card's theft.

 

I don't know how they come to the figure of £4740.93!! I don't know how much is either CHARGES and how much was the FRAUD....but i do know is, none of it was spent by me!

 

 

1st Credit have sent me 3 letters so far.

 

19/1/09 - we hereby give notice of assignment letter...stating it had been assigned to them on 01/07/2005, and that they are now the legal owners

 

23/1/09 - Letter of introduction!!!...and the full outstanding balance due under the agreement with BARCLAYCARD.

Also they write, in accordance with the Data Protection Act 1998 we will comply with any request for a copy of the Personal Information about you held on our computers, which they state will cost £10.

 

5/2/09 - You have raised a dispute/quesry letter

..referring to the dispute raised and they will be contacting Barclaycard..the process may take a month etc!!

 

Do i still apply for the CCA request?

Also, what about the fraudulant transactions commited on my then account?...and all the correspondence, dates, and log numbers/ref numbers relating to that aaccount?

 

Should i be liable for fraudulant transactions?

The person dealing with it at BC at the time, seemed a real XXXX!!! They just weren't interested in dealing with this case properly.

 

 

Please reply

Thanks

Edited February 6, 2009 by markmarcos

[slick132]

Hi MM,

 

Forget sending a CCA request. You know you paid off your a/c and thats an end to it. It may be necessary to send a SAR but not yet.

 

Re the balance being fraud or charges, this is irrelevant as none of the balance relates to your own use of the card.

 

I'd write to BC Head Office by Rec'd Del'y.

 

Give them a brief summary of what happened re the stolen card, police, etc.

 

Tell them you've already had to d/w Connaught and their outrageous attempt to collect with a Statutory Demand. You're now receiving further demands from 1stCredit and will not tolerate this any longer.

 

You require written confirmation from BC, within 14 days, that you owe nothing on the a/c. You require them to confirm they will stop 1st Credit, or any other DCA, attempting to pursue you for the fraudulent use of the card.

 

Failing this, you will take court action against BC and 1st Credit seeking substantial compensation for harassment. The matter will also be reported to relevant bodies including , but not limited to, the FOS.

 

Send a copy to 1st Credit and seek their written confirmation, within 14 days, that they acknowledge you owe them nothing.

[slick132]

Have you checked your credit records to see if any defaults are showing for this a/c.

 

If they are, you should include in your letter a demand for their immediate removal, failing which you will seek redress through the courts concerning this aspect.

Edited February 6, 2009 by slick132
techy prob?

[markmarcos]

Hi Slick

 

Like i stated earlier, they were all fraudulent transactions, committed when my wallet was lost or stolen.

Because the police refused to give me a crime reference number, stating, "the banks know the procedure, they know we don't need to issue crime reference numbers for bank frauds as they have their own investigatory dept etc."

 

Can you or someone please point me towards a letter/template to what i need to, or should send them?

 

What is the address to Barclaycard and who should it be addressed to?

 

What threats should i give or what am i entitled to?

 

Does anyone know the law as far as fraudulent transactions are concerned, in terms of liability when we lose our plastic and it gets used fraudulently?

 

How can they hold me liable for outright fraud on my account?

 

Also, HOW DO THEY KEEP FINDING ME?????

I moved from my last address after dealing with Connaught and they now found me here!!...HOW CAN I STOP THEM CHECKING WHERE I LIVE?

Years ago, i stopped paying bills etc., in my name, wholly for this purpose! Last time i asked a Connaught staff about this, he said it was via Land Registry!...they should NOT be able to do this, if i do no not want anyone to!

 

I would really appreciate your/anyones help with the letter which i need to send off to both parties you stated, 1st Credit and Barclaycard....before 1st Credit get back to me.

 

Thank you for your time.

Mark

Edited February 7, 2009 by markmarcos

[the_shadow]

Hi Slick

 

Mark

 

You might want to edit the above post.

 

As to how.....These companies hire people to "trace" debtors or have in-house staff "trained" to perform this...

Edited March 19, 2009 by slick132
MarkM did the edit as suggested.

[markmarcos]

Cheers Pm...just edited it...but these guys really cause severe strain, pressure, depression etc.

Even now, i never buy anything i cannot afford to pay outright cash. Yet i get lumbered with a debt which us not mine, but pure FRAUD...and instead of dealing with it properly, they're making me liable for it!

 

Millions of credit card users have lost their cards which subsequently have been used in fraudulent transactions...ARE THEY ALL LIABLE AND MADE/CHASED TO PAY?.......I'M SURE I'VE READ SOMEWHERE MAXIMUM LIABILITY AT ANY TIME UNDER THESE CIRCUMSTANCES IS £50...

 

Please someone do you have any template for me with regards to what i should, and how i should word my letter to BARC and 1st Cred?

 

Thankyou

Edited February 7, 2009 by markmarcos

[MARTIN3030]

In the circunstances,it may be appropriate to send a letter to Barclays legal team at Churchill place.It is serious enough to warrant this.

I will help you with a temp letter.

Dispute status of this account should also bring about suspension of any recovery attempts to collect by 1st.Credit.

Given that they are advocating civil recovery through the County Courts,You should serve them notice under the Civil procedure rules pre action practice directions.

I have a temp for this but it needs tinkering with for your case.

Give me some time to sort both out.

[markmarcos]

Thanks Martin....I appreciate everyones time in helpig me through this.

I have been leaving the pc running throughout the day and keep checking for someone to help me through the relevant stages with the relevant letters/templates embedding my rights as per English Law.

 

Is there a similar case to mine on this site or any other consumer help website?...i have been trying to go through the threads and have not come across one yet.

 

I have forgotten all relevant dates to my case i.e.

1- Date i reported the loss to the banks

2- Any relevant reference numbers

3- Who i had been dealing with and what information i passed back to them, from my visits to the police station

4- What transactions were carried out (they never sent me a copy even when it happened)

5- How much of the £4740.93 is actually fraudulant transaction and how much is the costs/additional charges added on

6- Whether the asking for any info above makes a difference

 

Also whether i need to send in the S.A.R. request aswell, and what to do when they get back to me, how long they have etc?

Whether me contacting Barclays again will re-ignite a fire that i wanted to forget?

They seem really nasty and a far too big organisation to take on!

 

I still have the Connaughts attempt with 1st Credit with regards the S.D they threatened me with...my subsequent visits to set this aside and the final judges decision.

 

Any help would be greatly appreciated

 

Thanks

Mark

[slick132]

Hi MM,

.....and a far too big organisation to take on!

There are literally thousands of users who have all said the same thing, but have since taken the bank or DCA to court and won.

 

I'll leave Martin to sort you the letter but, in the meantime, you should do your best to make a list of the timing of events (date card lost, etc), as best you can. Estimate where necessary but the closer you can get to the right week, month or year, the better.

[markmarcos]

Thanks slick

 

I could go to the central police station where i reported everything.

Also, i really hate having to contact Barclaycard, but obviously will have to go via them (

 

Would Barclaycard have to give me the info regarding. loss of card, when reported, transactions before i reported the card, and transactions AFTER i reported it, which they just let carry on even though they were fully aware, log/reference numbers..etc

 

Maybe Martin could assist me in whether Barclaycard are rquired by law to pass all the info which they have regarding this account, which i would need to challenge in court etc

 

Can anyone post any links to similar cases to mine?

 

Thankyou

Mark

[slick132]

Would Barclaycard have to give me the info regarding. loss of card, when reported, transactions before i reported the card, and transactions AFTER i reported it, which they just let carry on even though they were fully aware, log/reference numbers..etc

Yes, you can send BC a SAR and specifically mention the data you require about all transactions up to the date the a/c was "closed" for your use.

 

If they include data about any later fraudulent transactions, that's up to them really. Although this shouldn't concern you because you have no responsibility for these transactions.

 

I don't know if the police will be able to help you with the dates, etc. It seems they were uninterested and preferred to leave it up to you and BC to sort. They may not have kept details on their records.

 

We see this often on the forums but, next time (hopefully never) you'll know to insist that the police take details and give you a crime ref number.

[markmarcos]

Hello anyone....i'm starting to worry with the reply from 1st Credit coming soon!!

 

Martin are you still able to write a template/letter, or point me in the right direction etc??...anyone else seen any relevant letters/threads/other members who may be able to aid me..please, thanks.

 

I was looking through the Banking Code of Practice, will the sections below fit in anywhere:

 

What to do if you lose your chequebook,

passbook, electronic purse or card, or if

someone else knows your PIN

 

12.7 - It is essential that you tell us as soon as you can if you

suspect or discover that:

•your chequebook, passbook, cardor electronic

pursehas been lost or stolen; or

•someone else knows your PIN, passwordor other

security information.

 

12.8 - The best way of telling us about the loss will usually be

by phone, using the numbers we have given you, or by

e-mail if we have given you an address for this purpose.

Liability for losses

 

12.11 - If you act fraudulently, you will be responsible for all

losses on your account. If you act without reasonable

care, and this causes losses, you may be responsible

for them. (This may apply, for example, if you do not

follow section 12.5 or 12.9 or you do not keep to your

account’s terms and conditions.)

 

12.12 - Unless we can show that you have acted fraudulently

or without reasonable care, your liability for your card

being misused will be limited as follows.

•If someone else uses your card, before you tell us it

has been lost or stolen or that someone else knows

your PIN, the most you will have to pay is £50.

 

Credit reference agencies

 

13.5 - When you open your account or apply for a card, we will

tell you when we may pass your details to credit reference

agenciesand the checks we may make with them.

 

13.6 - We may give information to credit reference agencies

about the personal debts you owe us if:

•you have fallen behind with your payments;

•the amount owed is not being disputed; and

•you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

13.7 - In these cases, we will give you at least 28 days’ notice

 

14 - Financial difficulties

– how we can help

 

14.6 - In certain circumstances we may pass your debt

another organisation or debt-collection agency.

arranging how you will make your repayments, w

always choose reputable firms which agree to fo

the Code.

 

14.7 - In other circumstances, we may sell your debt. W

always choose reputable firms if we do this.

[slick132]

Hi MM,

 

Martin will see you've posted on your thread and will, I'm sure, come back to you with a suggested letter as promised.

 

In the meantime, have you checked to see if any Defaults have been registered re this matter with the Credit Reference Agencies.

[markmarcos]

Hi Slick

How do i do that?

[slick132]

I know that Experian have a free sign-up period.

 

I believe the 3 main CRA's are:-

 

Experian, Equifax, and CallCredit

 

If you Google "credit reference agency checks", you'll get pleanty of links.

 

[MARTIN3030]

Sorry yes-Will come back later today-didnt realise that it was 2am again !!

[markmarcos]

I have just downloaded the pdf file and will be printing, filling and sending off with the £2 fee.

[markmarcos]

Hi Martin

 

Really glad to hear from you again )

Please get back to me re letters i need to send

 

Thanks

[markmarcos]

Nobody seems to be helping here (

 

How do i get this thread to the top of the message board, so maybe i can get more people viewing it?

 

Can anyone suggest other user names which are experienced like Martin, who have won cases and could help me.

I would really appreciate any help, as i want to get this letter out to 1st Credit, or/and Barclaycard, and not give them the time they are taking.

 

Thanks

Mark

[slick132]

Hi MM,

 

I know Martin has been v busy on other matters, so may be overstretched. Here's my suggestions:-

 

Letter to BC

 

Barclays Bank PLC - Trading as Barclaycard

1 Churchill Place

London

E14 5HP

 

Dear sir or madam,

 

FORMAL COMPLAINT

 

This complaint should be dealt with by a senior member of staff.

 

I have been approached by 1st Credit who allege I owe £4,740.93 in respect of a Barclaycard account. I deny that I owe any such debt to 1st Credit, Barclaycard or anyone else.

 

About 4 or 5 years back I reported to you the loss of my wallet ad co-operated fully. I identified transactions which were not mine, reported the matter to the police and passed details of this report to you.

 

I had paid off in full all transactions for which I was liable but was told another card would not be issued.

 

Then in 2006 or 2007 (enter the correct date which you have concerning this) I received a Statutory Demand issued by Connaught Collections on behalf of 1st Credit seeking payment of £x,xxx.xx. I had to lodge a formal defence in court and the SD was successfully Set-Aside by the judge who ruled in favour of my application at the time.

 

I heard nothing further until date when 1st Credit contacted me again demanding payment of £4,740.93. I replied saying I owe nothing and I would not involve myself in correspondence with them.

 

It is outrageous that you have allowed 1st Credit to pursue this matter when clearly the fraudulent transactions were your responsibility and not mine. I have had to defend my position once and will not tolerate this happening again, either now or in the future.

 

Barclaycard were far from helpful to me when the card was lost and misused and I will not be left in fear of this matter rearing it's ugly head every couple of years.

 

I now require you to confirm in writing that:-

 

1. I owe Barclaycard precisely nothing in connection with this account.

 

2. You have contacted 1st Credit, and any other DCA involved, to ensure I receive no further demands, Statutory Demands, etc whether in writing or by telephone.

 

3. You have checked to ensure no adverse comments remain on my credit records regarding this account.

 

I require your urgent attention in this matter and expect your considered reply within 14 days.

 

If I am further contacted by anyone seeking payment, I will make formal complaints to the relevant regulatory bodies including, but not limited to, the FOS and Trading Standards.

 

If you fail to respond to my satisfaction within 14 days, I shall seek advice with a view to commencement of Court Proceedings, for damages, without further notice.

 

Yours faithfully,

 

MM

 

******************************************************

 

Letter to 1st Credit

 

Dear sir or madam,

 

Formal Complaint - Account in Dispute

 

I enclose a copy of my letter sent today to Barclaycard, the contents of which you will find self-explanatory.

 

If you contact me further in this regard seeking payment, a formal complaint will be made, without further notice, to Trading Standards and the FOS for breach of the OFT Debt Collection Guidelines.

 

Yours faithfully,

 

MM

 

Send both letters by Rec'd Del'y and keep the receipts.

Edited February 14, 2009 by slick132
Added last para to BC letter