Beachy v Barclaycard/Mercers take 2

[Spamalot]

Was adding cca non compliance to my PPI PoC - still might

 

You may as well.... It's taken them almost a year to send you an application form so you still haven't seen an agreement... I'd throw the book at them if I were you Beachy, they've had ample opportunity to comply so tell 'em to stick it in their pipe and smoke it.... with respect of course.

 

Spam.

[beachcomber60]

You may as well.... It's taken them almost a year to send you an application form so you still haven't seen an agreement... I'd throw the book at them if I were you Beachy, they've had ample opportunity to comply so tell 'em to stick it in their pipe and smoke it.... with respect of course.

 

Spam.

 

Believe me I dont show respect to barclayshark after the cr@p we've had to take from them, mercers & calders. Beachy gives as good as they give now

[beachcomber60]

Hi Guys,

 

Have done a rough PoC, but seriously needs scaling back as it reads more like War & Peace

 

A bit a development regarding the cca, received a few days ago a hand written envelope containing nothing more then a Barclaycard compliment slip (no writing on it) and two photocopies of Microfiche Application/agreements (see below) I do hope that they claim this is my enforceable agreement .

 

Not to worried about the tick in the PPI box, they've already admitted mis selling.

 

I'm tempted to write and ask if it is my true copy of the executed agreement as when it gets into court they will have a hard job explaining the production of any other document.

 

[noomill060]

"Not to worried about the tick in the PPI box, they've already admitted mis selling."

 

In which case, its unenforceable due to the mis-selling of PPi which makes any quoted interest incorrect. (PPI premiums added to debit balance, then interest levied thereon makes the interest charged incorrect)

 

As well as the fact that the Prescribed Terms are no where to be seen on the above- its just an application form, the clue is at the top where it says:

 

"Your Barclaycard Priority Application"

 

[alanalana]

Hi Guys,

 

Have done a rough PoC, but seriously needs scaling back as it reads more like War & Peace

 

A bit a development regarding the cca, received a few days ago a hand written envelope containing nothing more then a Barclaycard compliment slip (no writing on it) and two photocopies of Microfiche Application/agreements (see below) I do hope that they claim this is my enforceable agreement .

 

Not to worried about the tick in the PPI box, they've already admitted mis selling.

 

I'm tempted to write and ask if it is my true copy of the executed agreement as when it gets into court they will have a hard job explaining the production of any other document.

 

 

There is no way this an be accepted as a valid Consumer Credit Agreement it does not fulfill the requirements of a Consumer Credit Agreement. It can only be submitted as an application form.

[beachcomber60]

Thanks noomill & aa,

 

I know its a load of poo they've sent ( its not got a box for my Surname & isnt signed by them to just name two faults - dont honestly know why they sent it), posted up for everyone to see the possible 'tactics' by them - must think I'm stupid (dont answer that one )

 

If the interest is incorrect what rate should I use for

my claim & PoC? Currently using their cash advance rate.

 

Ta Muchly

 

Beachy

[beachcomber60]

Not sure whether I can do this - in order to put a figure on my claim I've worked out the average figure over the duration that the account ran with ppi.

 

Amount Claimed (including interest) 27 statements available £5,053, however there are 57 previous months where by BC cant/wont supply statements.

 

5053 divided by 27 then multiply by 57 = 10,667 + 5053 = Total claim 15,760

[alanalana]

This will be one for PF, At the end of the day when it gets to the FOS if you go down that route they will work out the figures. You can also insist that your are presented with any figures barclaycard come up with and ask them to send you the data on how they arrived at those figures.

 

I got tons of stuff from RBS showing their calculations. The FOS even suggested if I had issues with their calculations even having accepted settlement I could resubmit a complaint about it.

[noomill060]

I claimed the cash rate - 26.8% compound on the PPI premiums and the same rate for s.69 interest.

[beachcomber60]

This will be one for PF, At the end of the day when it gets to the FOS if you go down that route they will work out the figures. You can also insist that your are presented with any figures barclaycard come up with and ask them to send you the data on how they arrived at those figures.

 

I got tons of stuff from RBS showing their calculations. The FOS even suggested if I had issues with their calculations even having accepted settlement I could resubmit a complaint about it.

 

Thanks aa,

 

its been with the FOS for several months now, no signs of them starting on it even though I've updated them with the fact that BC have admitted mis selling, I want closure on this and therefore want to put it before the courts, which is why I asked about the estimated claim (as posted).

 

Beachy

[beachcomber60]

I claimed the cash rate - 26.8% compound on the PPI premiums and the same rate for s.69 interest.

 

Afternoon Noomill,

 

Yes I used the cash rate on the calculations, you saying I can use the same rate under s69? Is that what you meant by the interest being wrong in your earlier post.

 

Any thoughts on my #198 post on estimated claim due to 'missing' 57 statements.

 

Jim

[noomill060]

"Yes I used the cash rate on the calculations, you saying I can use the same rate under s69?"

 

Yes.

 

" Is that what you meant by the interest being wrong in your earlier post."

 

No. Not connected.

 

The interest that they have levied on your account includes interest on the missold PPI premiums. This makes the interest rate quoted in any *credit agreement* incorrect, and so makes the whole agreement fatally unenforceable.

 

PM me your email addy and I'll email you a BBC Radio 4 "You and Yours" interview with a solicitor which explains this beautifully.

[noomill060]

"Any thoughts on my #198 post on estimated claim due to 'missing' 57 statements."

 

Why do they say they cant/wont supply these statements?

[beachcomber60]

"Any thoughts on my #198 post on estimated claim due to 'missing' 57 statements."

 

Why do they say they cant/wont supply these statements?

 

When I did the SAR, they replied with they only keep records for six years, records older then that are on microfiche and therefore outside the scope on data protection storage, ICO state otherwise.

 

After they admitted mis selling I again tried to obtain the missing statements and the reply wad that records older then six years have been destroyed.

 

I've had a complaint with the ICO since April but there is such a backlog mine hasnt even been started yet, and will be at least another month. Advised by ICO to tell BC not to destroy any data as a complaint is being investigated ( a fact they already know), ICO asked, in writing, to expediate my complaint (their suggestion). BC told to supply details of when data was destroyed and by what method and to provide cert. of destruction - no reply from them - still think they have it but wont supply it.

 

Will pm my email addy

 

Jim

[beachcomber60]

Noomill,

 

Thanks for the email - a great audio clip

 

Latest update, BC sent a letter thanking me for my recent correspondance and will respond as soon as they can.

 

( wrong account number on letter )

[noomill060]

The *account number* and the 16 digit number on the card are not the same

 

They may be using the account number.

[beachcomber60]

Just to update the thread.

 

Have got more pressing issues on the go at the moment so this one has had to take a back seat.

 

Total silence from Barclaycard no letters phone calls - nothing from mercers, calders either - not sure I like this silence after 12 months of total harassment.

 

Did phone the FOS yesterday, still no indication as to how long it'll be before they START their investigation, did ask that seeing as Barclaycard has made an admission & FOS has that letter should it not speed up the process to which I was told that it makes no difference at all and is in the backlog of claims & will be dealt with in turn

 

Beachy

 

PS - Wheres Pompey gone, not seen him around for awhile, jope everything is alright

Edited October 29, 2009 by beachcomber60
PS added

[beachcomber60]

Pompey,

 

You were recommended by a fellow cagger that your the main man fpr checking interest & APR, have pm'd you a couple of times & appreciate that you've been preoccupied of late.

 

I have a court claim for over £14k and I could really do with assistance in checking the interest & APR.

 

The APR is not stated on the agreement (unregulated) the creditor had to be chased several times to provide the figure (17% APR) however their solicitor claims in the PoC its 5%.

 

I've tried several times and get a different figure each time.

 

Hope you can oblige.

 

BC

[pompeyfaith]

Hiya BC sorry i should of let u know i am looking into the legal side of this what date do u have to answer to the poc ? PF ill be back later this morning

[beachcomber60]

Hiya BC sorry i should of let u know i am looking into the legal side of this what date do u have to answer to the poc ? PF ill be back later this morning

 

 

Thanks Pompey,

 

Your help is greatly appreciated, sorry for not replying earlier - Nightshift, just got up.

 

Defence has to done by 21st Nov.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/212189-help-now-court-claim-11.html

 

Post 201 for main points. When we bought the car there was negative equity in the P/X so the dealer did this to get the deal.

 

1. Reduced their profit margin

2. Increased the price of the car from £24,500 to £26,405 (thus making it an unregulated agreement - we weren't knowledgeable about the difference at that time)

3. Added remainder of N/equity into the interest, the creditor denies this took place.

 

Beachy

[pompeyfaith]

ok just gona go over to that thread

 

PF

[pompeyfaith]

Right this is a difficult one, but firstly if 5% apr is on the POC that is all they could claim.

 

To claim more than this is misconduct and they would be deceiving the court as they would be bring a claim that is not materially fact.

 

The only way they could change it is to discontinue and re-issue the poc but again they would have to state there reasons for the re-issue and it would look bad on them because clearly they are railroading a claim though the courts without first getting there facts right.

 

PF

[pompeyfaith]

I would give Langster a PM because he is a wiss with defences and witness statements has been a great help to me just tell you come via a recommendation from me.

 

PF

[pompeyfaith]

Have they terminated the hp agreement ?

 

PF

[pompeyfaith]

But i will read the thread in its entirety and see what else i can find that will assist you.

 

PF