Jump to content


Beachy v Barclaycard/Mercers take 2


beachcomber60
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3387 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

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

Link to post
Share on other sites

  • Replies 666
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Beachy,

 

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

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 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?).

Link to post
Share on other sites

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.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

I've tried the 'possible' defective cca route

 

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

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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

Link to post
Share on other sites

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:

Link to post
Share on other sites

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,

Link to post
Share on other sites

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

Link to post
Share on other sites

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,

Link to post
Share on other sites

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,

Link to post
Share on other sites

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:

Link to post
Share on other sites

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
PS
Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...