Jump to content


  • Tweets

  • Posts

    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
    • civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Esile Vs Barclaycard (3**6)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5296 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi this is my second thread of the day!

 

I am new to all this and have received my first 2 CCA replies back today. I think I am supposed to start a new thread for each one (I hope so!). So here is my next....

 

From what (I think) I have learnt from this wonderful site they have just sent me a copy of their t & C's from 1997. There were no details I needed to delete!!! Except in the covering letter.

 

So I'm pretty sure what they have sent me is no good but what do they mean in the covering letter that they will be sending a copy of my current agreement seperately?

 

Barc 3 6 pictures by cupcake62 - Photobucket

 

Thank you x

Link to post
Share on other sites

Looking at these, Barclaycard have complied with s78 of the Consumer Credit Act 1974.

 

However, these documents couldn't be enforced by the courts as I don't see where your signature could possibly be.

 

Please be mindful though that they may have the original copy of the agreement tucked away somewhere.

 

It would be advisable for you to read the threads that I posted in your first thread about the enforcibilty of CCA's.

 

Was this account applied for online or by completing an application form ?

 

Link to post
Share on other sites

Thanks for the advice?

 

I will keep reading the threads! What would you advise next? Being that there are no personal details is this not just a file copy of their terms from 1997 when the card was taken out?

 

Should I write back asking them to supply me with a true copy with my agreed terms?

 

What about the fact that there is no links to the pages? and half of page 3 is upside down? Does that lead us to believe it is a cut and paste?

 

Sorry to seem dumb but I have picked up so many little bits of information on here I am finding it hard to be sure!

 

This was an application made via a postal form not online.

Link to post
Share on other sites

If it was a postal application you would have needed to sign a form of some description. If it was an online application, the a tick in a box will suffice as a "signature"

 

As they have not sent a signed document, the odds sway towards them not having the original document.

 

Link to post
Share on other sites

I am sure it was a postal application. I didn't even have internet in 1997 (I'm not sure but guessing that was when I took it out as that is the date of the t & c's they sent today).

 

So do I write to ask them to supply a signed agreement? Or do I just tell them when they chase I believe the agreement is not enforceable?

Link to post
Share on other sites

Can someone please advise me on this thread?

 

I do not know if I should be writing back to them or just waiting until the 12+2 days is up then writing to say it's not enforceable.

 

Thanks

Link to post
Share on other sites

Thanks 42man

 

Should I send this letter now? Their covering letter said I would be receiving my current agreement by seperate cover. Should I wait to see what they send?

 

Thanks again!

Link to post
Share on other sites

Just an update!

 

I sent the letter suggested by 42man along with a telephone harrassment letter by recorded delivery yesterday.

 

Today I received the 2nd part of their terms and conditions as their first letter suggested.

 

They look to me like a current set of T and C's.

 

I am posting them just in case. Barc 3 6 pictures by cupcake62 - Photobucket

 

I will wait to hear from them re yesterdays letter unless anyone thinks I should do anything else?!

Link to post
Share on other sites

  • 2 months later...

Hi guys!

 

Here is the DN received from Mercers on behalf of barclays YOU BARC 65 DN rec 020609 pictures by cupcake62 - Photobucket

 

I believe this is defective because it is from Mercers and not Barclays so I am just waiting for them to terminate.

 

Unless someone has another opinion?

 

Many thanks

 

CC68

  • Haha 1
Link to post
Share on other sites

Hi guys!

 

Here is the DN received from Mercers on behalf of barclays YOU BARC 65 DN rec 020609 pictures by cupcake62 - Photobucket

 

I believe this is defective because it is from Mercers and not Barclays so I am just waiting for them to terminate.

 

Unless someone has another opinion?

 

Many thanks

 

CC68

 

Not only is the original creditors address missing from this letter but also they've shortchanged you on the number of days to rectify.

 

Sent Friday the 29th, service isnt deemed by 1st class post until 2nd working day after which is Tuesday 2nd June so 14 days starts from the day after this according to regs, takes you up to 17th June for rectify date.

 

S.

Link to post
Share on other sites

Hi CC,

 

As The shadow and Havinastella has pointed out, the Default Notice is not written in the correct formatting. I'm sure you will probably have read a Banker_Rhymes_With post on this.

 

Keep going and good luck.

 

Link to post
Share on other sites

  • 3 weeks later...

Hi

 

I have had a letter from Scotcall today.

 

The account number they quote is not the same as my acc number but very similar. They seem to have lost the last couple of digits and added a couple more in the middle!!

 

Do I need to reply to them?

 

Thanks

 

CC68

Link to post
Share on other sites

  • 2 months later...

Hi SS

 

I am satisfied at the moment to be just keeping them at bay but yes I would like to think that we might get to the end of it someday.

 

I have considered CPR 31.16 but haven't done anything abut it yet.

 

I just keep thanking my lucky stars that we have survived this long, before I found this site I assumed we would be in a cardboard box by July!!

 

CC68

Link to post
Share on other sites

  • 2 months later...

I have today received a letter from Power to contact

 

I have 2 barclaycard accounts and I'm not sure which one they are meaning as they have not put my card number on their letter.

 

Should I send them the bemused style letter along with the no home visits letter (as that is what they are threatening!)

 

Do I just put their ref on the letter or should I be awkward and say I do not recognise this account number?

 

Thanks

 

Cupcake

Link to post
Share on other sites

I have today received a letter from Power to contact

 

I have 2 barclaycard accounts and I'm not sure which one they are meaning as they have not put my card number on their letter.

 

Should I send them the bemused style letter along with the no home visits letter (as that is what they are threatening!)

 

Do I just put their ref on the letter or should I be awkward and say I do not recognise this account number?

 

Thanks

 

Cupcake

 

Well you could clearly send them a letter with all three but that would confuse them :-D

 

I personally would send the bemused letter with the bits about no home visits included. Reading the threads it seems to be pot luck whether they will actually send someone round, probably 1 in 10 get someone come when threatened.

 

S.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...