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    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
    • Hi lookinforinfo,   No problem, regarding the 'Pay on Foot car park' sign there are two, one on the inside at the front of the carpark approximately 5-10 meters from the entrance and another one on the inside at the back of the car park roughly in the middle.  There isn't one at the main entrance to the car park.  Both are situated inside the car park front and back.
    • I wanted to send a laptop back for a refund and chose to go through Hermes as they offered the best rate for the size of the parcel.   I chose not to get it insured as I'd heard about it not being enforceable and a waste of money, especially as it only covered up to £300. After sending it off I was contacted by the laptop company saying that I need to get it back as the address they had listed on their website is no longer where they are based. I got in contact with Hermes straight away (same day) to try to resolve this. Parcel was sent off on the 24th of June, it was out for delivery on the 28th or 29th so I called Hermes and they were able to contact the courier to stop him delivering it, I was assured my parcel would be with me within a week. I checked the tracking on the 2nd and it said the parcel had been delivered to the neighbour of the address on the parcel, I called them as soon as I saw it and they raised it with depo for someone to collect the parcel and send it back to me, I have confirmation that it was retrieved and returned to depo on the 6th. I then checked tracking again and it had been redelivered to the same address on the 8th so I contacted them as soon as I found out, and they had to raise it with the depo once again. I didn't hear anything from them for a few days so I called on the 20th and they told me they had lost it and would send me a claims form and that I would get the value of my parcel as well as postage costs returned to me. My claim has been approved today but they are only offering me £20 for the laptop, plus the £6.80 postage fee. I needed to have this parcel sent off to the retailer by the 16th as that was my last day of being eligible for a refund, and because of Hermes's series of mess ups I wasn't able to meet this deadline and have now lost out on £408.99. Is there anything I can do to get the rest of the money back?  
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Militant's Friend v Barclaycard


militantconsumer
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Barclaycard account opened in 2004.

 

Card has been taken away and account now on a DMP since 2005.

 

Somehow this account never got a default - instead "I" is showing on the credit files every month (I think this means 'arrangement').

 

On the plus side it isn't a "D", but on the negative side the "I"s will presumably continue until it's fully paid off plus 6 years after that. At the present rate that means the credit file won't be 'clean' until 2024!

 

Charges were all reclaimed last year. They put up a fight and tried to short change us on the interest. They backed down as soon as we contacted the FOS.

 

Outstanding alleged balance is now under £2,000.

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Reading other threads has made me wonder whether Barclaycard still have a copy of the original agreement or whether it has been destroyed by a dodgy microfiching process.

 

Of course, if the agreement is no longer in existence, the alleged debt becomes totally unenforceable.

 

We also have quite a pile of PPI charges which have built up over the years. If you added those all up, added contractual interest plus 8% pa court interest on top, I think you'd be getting pretty close to the alleged outstanding balance.

 

It is highly questionable whether my friend ever agreed to the PPI charges, and we are considering whether it will be possible to claim them back.

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All of the above means we would really love to see a signed copy of the original credit agreement for this account, as we sadly no longer have our own copy.

 

Barclays have been typically awkward in their responses to our CCA 1974 s78 request.

 

Actually, they have been confused, because we have received two different letters, a few days apart.

 

Letter A says it encloses "A copy of your original Barclaycard Credit Agreement at the time you opened your account"

 

Letter B says it encloses "A copy of your original Barclaycard Terms and Conditions at the time you entered into the agreement".

 

In fact, both letters contain only copies of standard terms and conditions. I understand that they are technically allowed to do this. But you have to wonder why they would have two different letters. Surely not one letter to send when they DO have a copy of the agreement, and one letter when they DON'T have a copy.....?

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Undetered, we are now going down the CPR 31.16 route as an alternative way of obtaining a copy of our agreement where the CCA 1974 s78 request has failed. We are using the templates on this thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Letter 1 was ignored. Letter 2 has been sent by special delivery with a copy of letter 1 attached, so they can't claim they never received the first one.

 

Time will be up about a week from now, at which point we will be issuing the N244 form.

 

I imagine we will need some help and input to make sure we do it properly, and especially in such a way as we do not open ourselves up to paying Barclaycard's costs.

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Hi MC,

 

You could wait a while before actually issuing the N244 to put this matter in the court's hands...........

 

........... by which time, you will see how others have got on with their N244 applications. More importantly, we should know if users have had any problems re costs, or any other aspects of this strategy.

 

Another option is to send a new SAR (with £10 fee) asking clearly for the executed Credit Agreement. If or when BC fail to produce it, report the matter to the Info Commissioners Office and ask them to investigate with a view to oibtaining the Agreement on your behalf.

 

:)

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Thanks for that slick132, I hadn't thought about using the Information Commissioner to get hold of it.

 

Can you point me to a thread where somebody is using the N244 route against Barclaycard? As you suggest, we could wait a while and see how others are getting on, rather than all making the same mistakes....

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You'll see several threads here in BC where users have started down the CPR route, but only quite recently.

 

Also, if you read the CPR thread, I think you'll see peeps saying they'll start - if you click on their username, then search for threads started by them, you should find the relevant threads to read.

 

Or try a SEARCH (top of the page) for CPR 31.16 and see what comes up.

 

I'll put a link here to any threads which I see that may help you.

 

As always on CAG, the best advice is to read around on the threads. :)

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Hi MC,

 

You could wait a while before actually issuing the N244 to put this matter in the court's hands...........

 

........... by which time, you will see how others have got on with their N244 applications. More importantly, we should know if users have had any problems re costs, or any other aspects of this strategy.

 

Another option is to send a new SAR (with £10 fee) asking clearly for the executed Credit Agreement. If or when BC fail to produce it, report the matter to the Info Commissioners Office and ask them to investigate with a view to oibtaining the Agreement on your behalf.

 

:)

 

hiya all

 

i rang the ico today and specifically said to them that bcard had only sent me 6 yrs of statments and told me that is all the info they hold, yet id asked for other stuff ie cca, terms, default notices etc,,,was told that it was for me to contact oft regarding this and not under the data subject request application and also the cca had certain rulings !

 

not sure of this but i thought id let you know what i was told by the ico

 

so although i have req bcard now under cpr i am being extra reasonable to see what i get,,,before i have to send the second letter which i will and then have to take the advice from here re the court claim,,,,but always mindful that they may ask for costs re this from bcard!

 

good luck laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Militant - please excuse the hijack but the reply to Angel here may be useful.

 

Hi Angel,

 

I think when you say "cca" above, you are actually referring to the Credit Agreement.

 

Usually, CCA means Consumer Credit Act (as in CCA 1974) or we use it as a verb - ie, I CCA'd Barclaycard last week.

 

AFAIK, if you send a SAR asking for the Credit Agreement and BC fail to supply it, they are guilty of non-compliance according to the Data Protection Act.

 

This would be reported to and, I hope, acted upon by the ICO who should order production of the Agreement.

 

Try putting your complaint to the ICO in writing and see hw they reply. You could ask about non-compliance generally, or refer specifically to your BC case.

 

See how they reply in writing. :)

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Hi Angel,

 

I think when you say "cca" above, you are actually referring to the Credit Agreement.

 

Usually, CCA means Consumer Credit Act (as in CCA 1974) or we use it as a verb - ie, I CCA'd Barclaycard last week.

 

AFAIK, if you send a SAR asking for the Credit Agreement and BC fail to supply it, they are guilty of non-compliance according to the Data Protection Act.

 

This would be reported to and, I hope, acted upon by the ICO who should order production of the Agreement.

 

Try putting your complaint to the ICO in writing and see hw they reply. You could ask about non-compliance generally, or refer specifically to your BC case.

 

See how they reply in writing. :)

 

hiya slick,,,

 

my huge apologies, to you too Militant,, and to slick (((( the reply has helped me and hopefully for others reading the thread to not make the same mistake))))

 

,,definately, i meant Credit Card Agreement not Consumer Credit Act as in cca 1974.

 

That annoyed me today from the ico helpdesk,,, but reflecting and reading more tonight, i had thought to put it in writing as a new complaint to ICO to see what i got back from them in writing.

 

Thanks again for clarification, and since im waiting on the cpr from bcard, i might as well send my complaint to ico too, and see how things pan out;)

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I think the problem is that even if we prove that they have failed to comply with the Data Protection Act, then the maximum fine is £5,000.

 

For the individual consumer, the result could be you think they don't have a copy of the agreement, you stop paying, you get a default, and then later a CCJ if they sue you and produce the original agreement in court.

 

At that point it is no use to you complaining they didn't comply with an entirely different and unconnected piece of legislation.

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Angel - No HUGE apologies required. Your input is useful to Militant and to all readers.

 

Militant - The reason for using the CPR route is to demand sight of the document on your terms.

 

This won't stop the OC taking you to court but, if they do this, they must produce the Credit Agreement as the basis of their claim. Either way, you'll get to see the document.

 

In the meantime, if you're concerned about stopping payments without good reason, you could continue to pay each month.

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hiya both slick and militant

 

thanks both,,,,,i wonder if this would interest you both, ive just replied to a thread and the poster has had a reply from bcard and we both think in responce to the cpr letter, will go and link it here for you both to view as ive yet to see that reply from barclaycard and we both think its a new template letter

 

see what you both think am back================= see below link any help appreciated

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/188960-gary68-barclaycard-new-reply.html

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Yes, we have now received this "new" letter as posted in gary68's thread.

 

Ok, fine, maybe they don't have to show us a copy of the agreement under CCA 1974. We're not going to argue the toss about that.

 

But that's not what we asked for. We asked for disclosure under CPR 31.16 of a copy of the original signed agreement because we believe that it may be improperly executed and/or we believe they may have wrongly charged us for mis-sold payment protection insurance premiums.

 

What a ludicrous situation. Can you imagine a commercial situation where two companies were arguing about who owed what to whom, and the company who held the signed agreement refused to produce a copy of it. Or refused to admit they had lost or destroyed it! What kind of nonsense is this?

 

barc1.jpg

barc2.jpg

barc3.jpg

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I suppose in the spirit of avoiding costs it's going to be necessary to write ANOTHER letter to Barclaycard, just to spell it out to them that we really aren't interested in section 78 of the CCA 1974 anymore.

 

Otherwise I suppose they could say we hadn't been reasonable enough in explaining things so that their tiny minds could understand what we wanted, and that we had jumped straight in with litigation.

 

This will be the 5th letter since last November asking them for a copy of the credit agreement in one way or another.....

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Hi MC,

 

Sorry, but if this is your 5th letter, you'll win NO prizes. :p

 

Some have been at this for months and years, with letters running to 20+ and more.

 

You must send the LBA giving them another period to comply, as you say, to show reasonable behaviour.

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Hi MC,

 

I've got this stupid 'new' reply too. I love the bit about providing "an excerpt" from the application form "to show you signed a contract with us." Well, I'd like the "excerpt" with something on it which relates to me.

 

I just don't know what to say in reply to this, apart from what I have already said, which is that I want a copy of the agreement I signed and why are they so reluctant to produce it?

 

DD

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Hi Slick

 

Not noticed you on my thread lately, but wanted to thank you for that letter and your help in relation to my case.

 

Got a response today, with Barclaycard admitting failures/mistakes, and a compensation offer of £50, which i have rejected, and have asked the lady dealing with the case to re assess the comp :D

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Hi MM, I've just replied on your thread about this with a draft letter for you. :)

 

Militant C - sorry for the little hijack of your thread.

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[To be sent by "signed for" recorded delivery]

 

-------

 

Dear Ms Garrad

 

LETTER BEFORE ACTION

 

Thank you for your letter dated XX March 2009, which you state that you have sent in reply to my previous letters.

 

I note with disappointment that the most recent letter that you have sent me appears to be a standard template letter that you have sent to numerous other customers, and which in no way addresses the letters I sent to your organisation on XX January 2009 and XX February 2009.

 

Specifically, the letter which you have sent me on XX March 2009 appears to have been written as a response where a customer has expressed dissatisfaction with documents received in response to a request made under Section 77/78 of the Consumer Credit Act.

 

It is true that I made such a request on XX January 2009. However, I have since learned that Barclays Bank PLC have decided not to provide customers with a copy of their original signed Barclaycard agreement in this situation, and I do not intend to challenge this decision at the present time.

 

However, I would like to remind you that my letters of XX January 2009 and XX February 2009 were NOT made persuant to section 78 Consumer Credit Act 1974 but were made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16).

 

I have attached a second copy of my previous letters dated XX January 2009 and XX February 2009, which clearly set out why I need a copy of the original signed contract in its original form.

 

For the avoidance of doubt, I require this document for the following reasons:-

 

1. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

2. Because I believe that you may have charged me for payment protection insurance without my permission.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

In view of the circumstances I do not feel it is unreasonable to ask for this document to be disclosed. It is not commercially sensitive, nor is it a restricted document, and it should be easily accessible for an organisation such as yours. Therefore I would ask that you provide me with a copy of the contract which bears my signature. I require the complete document with all its parts.

 

Since this matter is likely to be subject to proceedings, and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D), which gives the court the power to order you to disclose this document to me.

 

The disclosure of these documents will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to XXXXXXXX County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

 

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.

 

Please confirm by no later than 4pm on XX April 2009 [giving at least 21 days plus postage] that you will comply with my request or, if you will not comply, please provide your reasons in writing.

 

Yours sincerely

 

XXXXXXXXXX [printed not signed]

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Good response Milli.

 

:)

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Wow Milli

 

fab letter, i guess it really points it out yet again, but you know what, you are being direct and responsible in requesting this information so hopefully it will be part of your acting as very very reasonable as pt's thread is keen to tell us:cool:

 

i will be following as im getting to do the second letter in a bit,,,,,,,

 

mind you its all a stalling tactic by them but who knows how it all pans out in the end,,,, ;)

 

keep positive laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi MC,

 

That is a terrific response.

 

This morning I got the same letter for the second time, but at the end after saying they will be carrying on with collection services, it finishes with:

 

"If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether further response is necessary."

 

If you haven't had this updated version today, I expect it will arrive very soon. You may want to hold back your later until you get it.

 

The "evidence" must be in the agreement we are not allowed to see.

 

DD

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