me v barclays

[izzitme101]

dont qualify as im earning enough, but its all being spent on catching up prioritybills for the 4 months i was unemployed.

Have to say though, lots of organisations have been very very helpful, particularly my phone and net provider, and are being very patient.

While waiting on that, i am trying one more track, which ill update on as soon as i get any news, an idea i got from someone elses thread as it happens, i hadnt thought of.

[izzitme101]

Looks like some button shave been pushed, barclays wants me to contact them cos they think they have a solution, wonder if they want to merge my accounts lol.

That isnt gonna happen anyways.

[yourbank]

Looks like some button shave been pushed, barclays wants me to contact them cos they think they have a solution, wonder if they want to merge my accounts lol.

That isnt gonna happen anyways.

 

Did you claim financial hardship? Is the letter from their litigation team or another one?

[izzitme101]

well i have a loan, a cc, and an overdraft with them, they are refusing to let me see the signed agreements on the cc and loan, both before 07, and the overdraft im slowly paying back as and when i can. Have had no probs at all with the od account so far, but i have about 400 quid to claim back.

 

letter is from consumer finance - debt management department.

 

will be making charges claim in the next couple of weeks.

 

letter says they are reviewing my accounts and they believe they may have a solution to my probs and that i should call them (as if)

[yourbank]

from what you are saying their plan WILL be roll loan/credit card and overdraft into one loan. Personally, if you are disputing the enforceability of any of them then definitely not.

[izzitme101]

i have no intention of letting them, i believe they have to have my permission to do that, as it would create a new agreement.

I have the fos onto them now to chase up my signed agreements to, provided fos with all the info, and everything i have done tog et copies, including the cpr letters, on the phone, fos seems to agree with me that i am entitled to see them simply to check for fairness alone.

Will be responding to fos in writing this week, and can take up to 8 weeks, if the agreements do turn up, it may be another route for others to take before court, and it would probably help when you ask a court to have docs from fos saying you should be able to view the signed agreements to.

Im sure many people, like myself are reluctant to go to court, but if this last attempt doesnt work, thats where it will go.

[yourbank]

Why the FOS since the ICO would surely chase them up on not complying with a SAR?

Furthermore, the FOS cannot mediate on enforceability of an agreement so what are they mediating on?

[izzitme101]

fos cantmediate on enforcability, from what he said, they can direct them to provide me a copy of the signed document, have forgotten to do sars tbh,will do them this week to i think.

 

Edit: made it completely clear to the fos that the only problem i have is the signed agreement, and the guy said they would happily deal with it, cos i have final response letters from my cpr letters.

[yourbank]

fos cantmediate on enforcability, from what he said, they can direct them to provide me a copy of the signed document, have forgotten to do sars tbh,will do them this week to i think.

ahh, that makes sense now.

[izzitme101]

ok have a response written for the we may have a way to help letter, hows this look?

 

 

Thank you for your letter dated 31st July 2009, the contents of which have been noted.

 

 

I would point out that I no longer discuss my finances over the phone, so I will only communicate in writing.

You state in your letter that you have been reviewing my accounts, and that there may be a way in which you can improve my situation.

I would point out that I am still awaiting copies of the original signed agreements for 2 accounts, and that one of those is still in default of a legal request under the CCA 1974 for a true copy of the agreement.

Either way, both accounts are now subject to formal complaints to the FOS for failing to provide me a copy of the signed agreements, so I would suggest that if you want to help improve my situation, you would send me a copy of these documents which I can then evaluate to give me a true position of my finances.

 

 

Please feel free to put forward the way you may have to be able to help me, and then I will consider it after I have seen the documents that I am requiring.

 

 

Yours Faithfully

[slick132]

Hi Izzit,

 

The letter sets out your present position fine.

 

[izzitme101]

called fos today on this one, told them that they had called me and told me i had a problem because i wouldnt discuss the issue over the phone, they advised me to send the complaint form back to them straight away to deal with, so that one is winging its way over now.

Fingers crossed they will stand by what they told me on the phone, and that ill get the signed agreement.

[izzitme101]

have a question, if an account is passed to the fos for investigation of a complaint, does that class the account as in dispute?

[slick132]

Yes, most certainly it does.

 

But make sure BC and or Mercers, etc are aware of this or they'll maintain they are free to pursue for pay'ts. Tell them the Complaint Ref No.

 

If they contact you after you've confirmed the FOS's involvement, report this to the FOS to back up your complaints.

[izzitme101]

well i just wondered because i got a termination notice yesterday, dated the 18th on the letter.

[slick132]

Send a copy to the FOS saying, as the a/c is In Dispute, BC are in breach of the OFT Debt Collection Guidelines by issuing this notice.

 

Send a copy of this to Mercers and/or BC.

[minnimes]

any news on the account?

[izzitme101]

no news yet, should have something in the next week or two, will post straight away soon as i have something.

[izzitme101]

Fos just kicked this one back, as they are being stubborn about issuing a final response. Been passed to one of the internal agencies now, guess i should write and demand a final response, although im of a mind to hang on to see what they come back with on my other one first.

[izzitme101]

ok i had a response today after demanding a final response.

Will post it up when i had dinner, but it looks like it is the document i signed

Am considering looking at unfair relationship angle now as i was on benefits at the time and they knew it.

[izzitme101]

ok here it is, apparently just 3 pages.

 

 

 

 

Im very annoyed it took so long actually, the fax time and dates are at the top of each page to, they did it the day after theyr eceived my letter demanding a final response grrr.

Why couldnt they be bothered to do that last year?

Its definitely my sig on it, and not been lifted from my bc, first thing i checked haha, date is right to.

 

Any advice on where to look for unfair relationships right now would be very helpful, thanks.

[slick132]

Hi Izzit,

 

You need to edit the agreement to hide your name, address and the account number !!

[slick132]

Re Unfair Relationship, see the CCA 1974 at article 25 here - The Consumer Forums - Statutes

 

The 2nd Link gives the amendments to the original act brought in by CCA 2006.

 

Section 19 of the CCA 2006 deals with Unfair Relationships, which becomes s.140A of CCA1974.

[izzitme101]

thanks will take a good look after work today