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    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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littlefatbudha

Barclays charge me £8.00 for £1.50

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Just received letter from Barclays through post,for a charge of £8.00 for a failed guaranteed payment of £1.50.

I have not got an overdraft,well i used to with the Woolwich but that disappeared when the account when to Barclays.

Any phoned up and complained to India,was told the charge was "just" and it was my fault,after a while,she told me she would launch a complaint Reguarding the issue,they will reply within 5 working days,by letter or phone,is there anything i can do about this matter,thanks.Steve

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Not really, it'll be in the T&Cs of the a/c, I know it is with both of my a/cs with different banks.

 

You may be lucky though, sometimes as a 'goodwill gesture' they'll refund it if it is a 'first offence'.


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Thread moved here.

I know its of no consolation but imagine having this account a couple of years ago-you would have been charged £27.50-dont I know it I had 2 grands worth of them !!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not really, it'll be in the T&Cs of the a/c, I know it is with both of my a/cs with different banks..
Awww, come on, Cerberus, you of all people should know that what is written down is only as valid as the law which governs it!!! :shock:

 

The £8 is Barclays' way to try and skirt around the charges issue and the test case. The whole concept is called the "Reserve" and if you read about it around the Barclays forum, you'll soon see what it's all about.

 

Some people are challenging the Reserve fee (£22 for every 5 days you're over), but I am not aware of anyone having challenged the £8 fee if you are over the limit on a non-reserve account yet. My gut feeling is that it is still unfair under the UTCCR, especially if they took away your o/draft and signed you up to the new account without giving you a chance to accept or refuse.

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Thanks for your answer,i hate this bas$%%$ and want to get everything,that i can claim for,i hope that when these charges are found illegal, every body will be after these,with guns blazing.

I telling everybody i know about this site,and that they should make a donation and all the information they need is all here.

Lets go get'em

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Oh,forgot to mention,after i had finished moaning about the charges,etc,etc, the woman on the phone starting trying to sell me home insurance,these people are like robots.

 

What are the chances of anyone wanting to buy barclays isurance,after being on the phone complaining about,their customer services etc.

 

I can imagine the answer you would get from them if you wanted to claim on their insurance,probably and the difficulties. IDIOTS

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Oh,forgot to mention,after i had finished moaning about the charges,etc,etc, the woman on the phone starting trying to sell me home insurance,these people are like robots.

 

What are the chances of anyone wanting to buy barclays isurance,after being on the phone complaining about,their customer services etc.

 

I can imagine the answer you would get from them if you wanted to claim on their insurance,probably and the difficulties. IDIOTS

 

Pity you didn't ask whether they had a free legal advice line with the home insurance :D


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Awww, come on, Cerberus, you of all people should know that what is written down is only as valid as the law which governs it!!!

 

I know that Bookworm & had the charges been more I would have advised differently, but with it being £8 and the time and cost involved challenging it, would it be worthwhile in this instance?


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Hi there, sent SAR to Barclays on Saturday, time to get some charges back, will they deal with the Woolwich charges as well as i was a Woolwich customer originally untill Barclays took over our account,thanks.Steve

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The SAR covers all the data they hold on you as a person and should include all your a/cs you have with them, but no doubt you will have to write and remind them if they fail to provide it all. ;)


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Thanks for your reply, going back to the £8 charges would i also go for them aswell ??

I take it by your answer they dont like giving the information out that easily !!

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Bookie suggested you SHOULD go for them in post #4 above.

 

:)


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Thanks for your reply, going back to the £8 charges would i also go for them aswell ??

I take it by your answer they dont like giving the information out that easily !!

 

 

When it comes to giving out information-Barclays will only give you what they think you should have.

Lets just say they are not over generous with it either.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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OK thanks, i was originally a woolwich customer, and i used to have a £50 overdraft just to cover a direct debit or cheque, but when Barclays took over,i lost my overdraft, never got a reason or any letter etc regarding it.Steve

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May be a longshot but do you still have any correspondence from when it was a Woolwich account advising you of the £50 overdraft limit. If you could produce that then with no correspondence cancelling it they would surely have to refund you as you were within your notified limit. This may not work if there is an expiry date to the limit but just an idea you may like to try.

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Thanks Rhino, have been looking high and low, its one of those where you have seen some paperwork but cant remember where !

Will keep looking thanks for the reply, Steve

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Hi guys, i think i sent the SAR request to the wrong address,Barclays Data Protection, Radbroke Hall, Knutsford, if it is wrong ,i wonder if they will internally post ??????????????????

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It should be re-directed if necessary.

 

Was it sent by Rec'd Del'y or similar.


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Hi slick, thanks for the reply, it was sent special delivery on 8th August, i rang the post office resterday and the £10 postal order has not been banked yet, also left the postal order blank so they could put details on it.

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They stung me £35 a few months ago because I was £2.75 short of a direct debit on my business account, which was caused by one of my customers not paying on time.

 

Havent challenged it (yet) as I crossed swords with them last year when they tried to close my business account which I had to fight like hell to get them to change their minds, so dont want to rock the boat with them as its now impossible to get a new business account elsewhere, and believe me I've tried.

 

Beachy.

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Watch out for confirmation that the PO's been encashed.

 

As the letter went RMSD, you have proof of posting which is adequate just now. See what comes back in response.


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Thanks Slick, have just given the post office a bell, stil not cashed, will leave it for a few days and try again.Thanks.

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Hi all, sent my SAR of to Barclays on 8th August and they have not cashed the P.O yet , is this usuall with them or will they say they have not received, also i had two barclaycards with them, will they have to send all the information regarding these accounts as well, thankyou.Steve

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Hi LFB,

 

Not sure how long they normally take to cash the PO.

 

Was the letter enclosing it sent by Rec'd Del'y and does this show as having been delivered.

 

Yes, the SAR covers all data held by the bank concerning you. As BC are officially "Barclays Bank PLC t/a Barclaycard", the SAR response should include any BC data.

 

You could pre-empt delays by writing to Barclays reminding them they have xx number of days to reply to the SAR and that you trust they'll ensure they provide BC data for the following two a/c nos.


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Hi Slick, yes this was sent by special delivery on 8th August and signed for on the 10th August, thankyou for the reply, and i take it they will send all the woolwich information aswell.

Just one more thing is it 40 days from when they receive the request.Thanks.Steve

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