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    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
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Beachy v Barclaycard/Mercers take 2


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Nice letter from BC this morning.

 

....... you must make a payment to BC or we will instruct Mercers to issue a default notice ......

 

errrrrr, I thought DN could only be issued by the creditor - not the (in house) monkeys?

 

Issued 2nd in dispute letter & sar lba letter yesterday (this time recorded) as my others have been ignored.

 

If I stick in a claim for charges & ppi would I be acknowledging the debt in absence of them, so far, failing to provide a true copy of my agreement?

 

Beachy

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Hi Beachy,

 

Reclaiming charges should not compromise your position in challenging the enforceability of the alleged debt.

 

:)

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  • 4 weeks later...

Has anyone managed to get barclayshark to comply with a cca & sar request?

 

They have completely ignored my letters (inc. LBA) requesting that they comply with my legal requests, SAR only produced 6years statements and nothing else, cca isnt worth the paper its written on.

 

Only thing they are good at is telephoning 8 times a day 7 seven days a week without fail, thank goodness I can bar their numbers.

 

Currently have about £300 in charges to reclaim & £2,500 in PPI to try and get back ( is there a template letter for reclaiming c/card ppi?).

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Hi Beachy,

 

I linked this back in post #37 - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

 

Did you try it. You'll get nowhere fast with a CCA request to BC just now.

 

Start a thread in the PPI forum to d/w ths aspect of your case.

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Hi Slick, how you doin'

 

No matter what I write/request it all goes without any acknowledgement whatsoever, I've tried the 'possible' defective cca route - no response.

 

So far as not complying with the SAR, my last letter was an LBA to try and get them to respond but again - nothing.

 

Going after whats on the six years of statements and if/when I get the other info then I'll start chasing that, they seem to be a law unto themselves!

 

Beachy

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Hi Beachy,

 

They are not responding to me either. Ignored me and put RMA on to me. I told RMA it was in dispute, emailed them copies of my letters, and told them to send it straight back. RMA sent a FORMAL DEMAND, not an SD. I haven't seen that term before. Any ideas?

 

I really am beginning to think there must be something fundamentally wrong with these agreements. Why else don't they want anyone to see them?

 

DD

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Beachy's had enough!

 

I submitted a claim against Barclays last November for mis selling PPI, I have had no written acknowledgement of the claim, however, I had a meeting with my Local Business Manager just before Xmas and I brought up the PPI which he knew nothing about, I gave him a copy of the letter & he passed comment that owing to my employment status in his opinion I shouldnt have been sold the PPI.

 

Early January I had a telephone conversation with their Customer Services and again I brought up the PPI, he acknowledged that my claim was on file & suggested that it was mis sold & Barclays are paying out on all PPI claims but it would take at least 12 months due to the thousands of claims on file.

 

Am I being fobbed off, surely I should have had some sort of written acknowledgement, they've had well over the eight weeks!

 

Second question to the knowledgable ones, in 2004 the then branch manager decided to get me to take out a loan in order to clear a small business overdraft, however, he would only approve the loan on condition that I took PPI as, in his words, the payments had to be protected BECAUSE I was SELF EMPLOYED. Is this reclaimable, about £950 + interest.

 

Beachy.

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I've tried the 'possible' defective cca route

 

Sorry I'm not clear on this - Have you tried started the CPR route ?

 

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And again

 

Hello Bumpy:D,

 

Are you still believing everything the tell you.

 

Get writing letters to them chasing this up, so you have a paper trail.

 

I do believe even under their own complaints procedure they only have 8weeks not 12 months:shock:

 

As for your second question, start the claim :D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Received a letter from barclayshark today informing me that I must bring the account up to date or else they will instruct mercers to issue a default notice as is their right under the consumer credit act 1974.

 

Me thinks they will get a strongly worded response back pointing out MY rights under the consumer credit act 1974

 

Account in dispute

All my letters ignored (inc. One LBA)

No cca

Non compliance to sar

Telephone harassment letter ignored

Unlawful charges applied to the account

Mis sold ppi

:lol:

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Hi Beachy !

i am soon to be a member of Cag Barclaycard club!We do share some of the same awful banks!LOL Will be sending my CCA request this week! Looks like from your experience and others ive got a long wait! They do love the telephone dont they.Just as Crapital one sarting to give me peace on phone i now have to contend with Barclaycard! Dont you just love their friendly robot!This is a call from Barclaycard ! 10 times a day! aahhhhhhhh!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Morning Sunflower,

 

Ditto regarding the calls, I've got a log off over 500 calls since they defaulted to my cca request last November - they are impossible to deal with!

 

Dont hold your breathe waiting for your cca - if its anything like they sent me (t&c's) it'll be fit for nothing.

 

Jim

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Morning Sunflower,

 

Ditto regarding the calls, I've got a log off over 500 calls since they defaulted to my cca request last November - they are impossible to deal with!

 

Dont hold your breathe waiting for your cca - if its anything like they sent me (t&c's) it'll be fit for nothing.

 

Jim

Hi Jim

Yes i will not be holding my breath!its very strange though as Muffintop requested a cca from a very recent card taken out in 2007 from a time when you would think BC would have got their act together and started producing correctly executed ones ! but she only got recent terms and conditions for that one as well!You would have thought they would have sent her a correctly executed one if they had one to try and make her pay up.Its a;; very strange ! So i am not very likely to get a sane response to a cca request for a 2002 one if they can not even be bothered to find one for a recent 2007 one!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Good on you! I am lucky that i have no other ties with Barclaycard!apart from their credit card! so i can go into full battle with them! They ignored my letter so let battle commence!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Jim

Yes i will not be holding my breath!its very strange though as Muffintop requested a cca from a very recent card taken out in 2007 from a time when you would think BC would have got their act together and started producing correctly executed ones ! but she only got recent terms and conditions for that one as well!You would have thought they would have sent her a correctly executed one if they had one to try and make her pay up.Its a;; very strange ! So i am not very likely to get a sane response to a cca request for a 2002 one if they can not even be bothered to find one for a recent 2007 one!

 

I suppose in theory they could be looking at the big picture... if they start to send out agreements for anyone and then reply they cant or just ignore the rest then sites like this will let everyone know that agreements from x year arent being produced and possibly dont exist.. by not sending out to anyone it leaves doubt in peoples mind???? :|:confused:

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Just got off the phone to ICO, registered a complaint concerning non compliance to my SAR.

 

I was told that it is now common practice for banks & credit card companies to delay things & where ever possible to just supply statements because of the current reclaim 'rush'.

 

Unless you request is itemised all that will be provided by barclayshark is statements, HOWEVER - I did itemise exactly what I required (inc my CCA)

this has not been complied with and my LBA letter has been ignored, ICO will be investigating my complaint as barclayshark are definately WRONG in withholding information. :cool:

 

Beachy

 

PS when did they start adding default charges as the T&C's provided make no mention of default charges, I am sure that this is one of the prescribed terms.

Edited by beachcomber60
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Following sending a second dispute/non compliance letter regarding my CCA & SAR, I have just received ................. what for it!

 

ANOTHER SET OF T&C's - exactly the same as post #3 on this thread.

 

Complaint made to ICO (as per my other barclaycard thread).

 

Beachy

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hiya beachy

 

am subbing if i may, ive on my no 1 bcard account only got terms and ive sent dispute letter which they are still dealing with my compliant, also awaiting on sars yet a few more weeks

 

also now sent them the cpr l6 letter just to test the waters so to speak

 

so will update my thread and you when i have other info

 

take care 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 Angel,

 

No probs subbing the thread, the more the merrier, by joining each others threads I think we gain valuable knowledge to challenge the 'bankers'.

 

Have an update on mine, received response from barclayshark regarding compliance to my SAR LBA letter. Sent me a huge package with reams of computer printouts - it was total CR-- sorry RUBBISH - those poor trees!

 

It was totally useless - address & changes, tel no., letters they sent including Mercers, pages & pages of computer codes (which means absolutely nothing to me), my telephone conversations with them - they & mercers telephone conversations werent included - no surprise there!

 

List of the number of times they have tried phoning SINCE the account went into dispute THANK YOU THANK YOU barclaycard for confirming those 500+ calls since last October!

 

I now know that the account started in 1998 and not 2000 as I thought, confirmation that the ppi was cancelled because I DIDNT WANT IT.

 

What was missing? - the missing statements that I demanded & MY RUDDY CCA that I also demanded - no surprise there!

 

The fight goes on.

 

Beachy

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Subbing. I've had a quiet two weeks waiting for BC's CCA's which were requested last year. I keep reading that after a further month, BC's failure to respond constitutes a (non-crimial) offence - any idea what that offence is?

 

Interesting what you got from the SAR.

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Hi MrMT,

 

Welcome to the thread of another unhappy barclayshark customer.

 

If they havent provided a 'true copy of your agreement after 12+2 days legally they are in default and you are 'entitled' to stop payments until they comply with your request, BC dont look at it that way though.

 

It took almost three months for them to respond to my request & even then it was only T&C's - utter rubbish.

 

At the same time I sent off for my SAR, all they sent back was exactly six years statements, a further non compliance!

 

I had a letter last week advising me that if I didnt bring the account up to date they would let mercers off the lead and get them to issue a default notice as is their right (they state) under the consumer credit act (which they arent supposed to do while the account is in dispute - but hey this is barclaycard).

 

Fired off a letter to them stating that as a consumer I HAVE RIGHTS also under the same act and that is if they cannot provide my cca I am entitled to stop payments & they are supposed to cease collection activities until the dispute is settled.

 

I threaten to take them to court in regard to non compliance and have received, they say, is the remainder of my SAR, needless to say it was total rubbish as I posted up earlier today.

 

The fight continues.

 

Beachy.

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Well despite all efforts, Beachy cant get a new business bank account for love nor money, gonna have to eat humble pie and keep barclays sweet. :(

 

Have worked out roughly on private account/business account/barclaycardx2/ & various ppi theres about £8.5k in charges & ppi to possibly reclaim.

 

Have read on the net that you can 'buy' business accounts for about £149 if you have adverse credit, is this actually genuine or a [problem]? Dont mind paying it if it's a way of getting a genuine b/account.

 

Looks like those creditors who we have payment plans with have registered DN's as a condition of the plans. :-x

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