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    • Update:  Apologies, it's a bit of a lengthy read.  I’ve been back and forward with Virgin Media after requesting a SAR using their online request form.    I didn’t wish to provide proof of my current address.  The SAR is in relation to my Virgin Media account at my previous address.   I don’t have any utility bills from my previous address so I sent alternative documents with my address in an attempt to prove my identity.  These were not accepted.  In addition, I’ve provided a copy of my driving licence with my old address details and am currently awaiting a response.   Time is ticking so after taking advice to support a mortgage application  in an attempt to improve my credit file I ended up phoning Virgin Media (recorded the call) .  The outcome of which was that I paid but this has not been positive for my credit file.    I spoke to an advisor and was asked if I wished to pay the £75.15.  I explained as per original post, said I didn't owe the outstanding amount etc.   I can enter details if it would be helpful.  I was told that it is not in their hands now, that I don’t owe virgin media, it’s been written off now.  Again, I was told that I don’t owe Virgin media anything.     I explained that my credit file went from 0 missed payments to a default of £75 after raising a complaint and that I received no information as to what the outstanding amount was for.  I stated that my post had been subject to re-direction with Royal Mail.  I re-iterated my complaint and what I wanted to resolve it.  I was advised that Virgin media don’t deal with that, so I asked if there was a department who does deal with that?   I was then transferred to the collection team where I explained everything again.  I was advised that the last bill was already generated on their system.  On reflection, I don’t understand how it was the last bill if they’re saying they did not receive confirmation that I cancelled.  I re-iterated through out the call that I was not aware of what the £75.15 outstanding charge was for, that it was different to my usual monthly bill and that my credit file was marked as up to date until I raised a complaint.  Then a default appeared and I don’t know what it’s for?   I was told that if I paid today that Virgin Media would remove the default.  They would accept payment today and it would be removed from my credit file.  I went back and forward re-iterating my issues.      I was told it  had already been through the process, it was final and so the money has to be settled. I was also advised that my account had gone through valid processes.  I said that there were issues with processing requiring an explanation as I’d not been advised of any charges and re-iterated the issues; credit file, DCA’s requesting differing amounts, correspondence, complaint responses, lack of compliant responses;cancellation, lack of response to 2 deadlock request letters.     The advisor then gave me her word that the default would be removed from my credit file if I was willing to pay today. She said I have her word. I asked for clarity that if I paid that she was stating that the default would be removed and not marked as satisfied.   She assured me it would be removed.    The advisor acknowledged there was still an open complaint.  I asked if she was saying the best she could offer me today to resolve my complaint was that I pay and the default be removed with no other explanation to the issues raised. She said she guaranteed that if I Pay 75.15. you have my word it will be removed when we receive payment.  They could not tell me what the bill was for nor provide a breakdown only that it had been generated.   I said it didn’t resolve my complaint, but I would pay based on what I’d been advised regarding my credit file.  I asked for the complaint be kept open as it was not yet resolved.  I asked for an email address for customer service, complaints, or the person dealing with my complaint.   I was told they don’t have a customer service e-mail address and that they are the complaints team as well.   Again, I stated the compliant was not resolved.    I asked how it could be resolved and  I requested an e-mail address/contact number for customer service/complaints/phone number.    She did offer for an advisor to call me back.    It’s been two weeks since I paid.  I remained on the phone while she said she was requesting the removal of the default.  However, the default remains outstanding on my credit file.  I didn't  receive a receipt as advised.  The money has been taken from my bank account. I have not received any correspondence either.   I'm awaiting the SAR still. 
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Barclaycard send T&Cs on advice from FOS


Stubie
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Hi,

 

I spoke with a (UK) person from Barclaycard over the weekend (sunday evening actually, don't these people ever sleep:shock:) who told me that BC send out only T&Cs in response to a CCA s78(1) request because this is the advice given them by the FOS.

 

Has anyone else had this?

 

I challenged them to prove it and she said that BC would write to me. I have also written to the FOS seeking clarification from them - still waiting for replies from both.

 

Anyone had similar info or anything else to add.

 

I sent CCA requests to BC (visa) and BC (MC) - ex MS account - in March and now have 4 sets of T&Cs. In one response I was sent the T&Cs and a statement etc with a note that the CCA would follow (this is the old MS account) but the next letter contained more (different) T&Cs.

 

No sign of any agreement for either account.

 

Any comments?

 

Stubie

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The FOS may have provided this info, but then again the FOS looks after the banks interests as well as the consumer.

 

Trading Standards are the keepers of the CCA1974 but they are usually limp and not keen to get involved in anything that means making a decision in my humble experience... however, they have provided to a CAGGER a letter stating what they feel meets the requirements of the S77/S78 requests and I'd take that statement over something the FOS say anyday.

 

S.

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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The FOS may have provided this info, but then again the FOS looks after the banks interests as well as the consumer.

 

Trading Standards are the keepers of the CCA1974 but they are usually limp and not keen to get involved in anything that means making a decision in my humble experience... however, they have provided to a CAGGER a letter stating what they feel meets the requirements of the S77/S78 requests and I'd take that statement over something the FOS say anyday.

 

S.

Hi Shadow,

 

I agree with you on that.

 

Personally, I suspect it is BS put about by BC to try and throw the uninformed off track. Neither the FOS or TS have the power to vary the law and the law states a true copy of the executed agreement, with all the relevant definitions and regulations given due account.

 

At the end of the day, s61 states that the executed agreement must be signed by the debtor and no-one ever signs T&Cs when they are a referred document.

 

I'm sure you know all this but I wanted to dismantle another fairy story put about by the CCCs, on a public forum so anyone else, presented with the same arguement would not be put out of step by it.

 

Appreciate your views and thanks, Having read extensively on this and other sites, I don't get a good feeling about any of the so called regulators but i doubt that the FOS would have nailed their colours to a statement so flagrantly at odds with legislation and established case law.

 

Stubie

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Hi Stubie,

 

I spoke with a (UK) person from Barclaycard over the weekend (sunday evening actually, don't these people ever sleep:shock:) who told me that BC send out only T&Cs in response to a CCA s78(1) request because this is the advice given them by the FOS.

 

Has anyone else had this?

 

I challenged them to prove it and she said that BC would write to me. I have also written to the FOS seeking clarification from them - still waiting for replies from both.

Don't hold your breath waiting for BC's reply. ;)

 

However, read here for a new twist which we've not seen before - http://www.consumeractiongroup.co.uk/forum/barclaycard/201069-barclaycard-bradley68.html#post2187860

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Hi Stubie,

 

 

Don't hold your breath waiting for BC's reply. ;)

 

However, read here for a new twist which we've not seen before - http://www.consumeractiongroup.co.uk/forum/barclaycard/201069-barclaycard-bradley68.html#post2187860

 

Hmmm.....Interesting!

 

Might give the FOS a go after all.

 

Will see what, if anything, I get back from my original email to the today but its encouraging that they do get results sometimes, and not just for the financial institutions.

 

As for BC, I'm an eternal optimist, I'm sure they will write (they had better be reading this:D). If they don't, I will get really p***** off. They called me 5 times in 8 minutes, they're gonna pay for that one way or another - almost got RSI from putting beer down, answer phone, pick beer up, put beer down............

 

No excuse for that sort of behaviour

 

Stubie

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Interfering with drinking beer !!

 

Outrageous. :eek:

 

:cool:

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 !:-)

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  • 2 weeks later...

Hi Stubie..

 

I understand Barclaysharks havent supplied a SAR response yet...

 

If the 40 days have been breached then get a complaint into the ICO NOW as they take a couple of weeks to crank up their own letter writing process and chase Barclaysharks :-(

 

ICO complaint link here. If you complain by email it might speed the response up.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi Stubie..

 

I understand Barclaysharks havent supplied a SAR response yet...

 

If the 40 days have been breached then get a complaint into the ICO NOW as they take a couple of weeks to crank up their own letter writing process and chase Barclaysharks :-(

 

ICO complaint link here. If you complain by email it might speed the response up.

 

S.

 

Cheers Shadow,

 

They will not be delinquent on this request until the 28th June 09 so still time for them.

 

I will put your advice (good, as always) on one side for now and wait for a response or the relevant date to come around.

 

They have sent me a letter - it looks like a generic mailer, but I haven't seen one similar on this site so far - which I will scan and post for critique.

 

Perhaps we could have a competition to see how many errors anyone can pick out of it - personal circumstances notwithstanding, naturally.

 

Its good for a smile if nothing else. When are they going to recognise that we can read the laws and regs too and stop treating us like idiots :mad:.

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