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Barclaycard v Questioner – no 1


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Barclaycard v Questioner – no 1

 

I have just made complaints to BC and the authorities about BC.

 

I had been paying BC tokens of a quid per month. However, they later (last year) set Crudite Solutions on me and I had a great deal of stress due to this.

 

In December I CCA’d CS and they wrote to BC for docs.

 

Nothing came back but a letter off CS to say they had closed the file (April 09) and given it back to BC.

 

Shortly after BC set another DCA on me – Robinson Way.

 

Again I protested and RW managed to get a crappy and illegible terms and condition sheet off BC. I told RW that it was no good and so they also later closed the file and gave it back to BC.

 

Point is that BC are in dispute and yet still sending this around the houses to collectors.

 

I have written in protest to BC over this and demanded they close the file which seems to go back to 2000 if I can believe the terms sheet.

 

It has been in dispute since December 2008.

 

Complaints have gone in to authorities.

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sadly quite typical for BC

 

have a read of a few threads there

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sadly quite typical for BC

 

have a read of a few threads there

 

dx

 

The term headless chicken comes to mind for although this account has been in dispute since December I have just - following my complaint received a letter off BC with illegible Terms and Conditions sheet saying this complies with my request.

 

Next I tell them it is NOT complient and then they send their standard - oh yes it is 3 pager...

 

Boring or what!

 

SO I AM TELLING AUTHORITIES THAT THEY HAVE SHIPPED THE ACCOUNT TO 2 COLLECTORS - EVEN THOUGH ITS IN DISPUTE .. SORTA THINK THAT'S A BIG NO NO IN TRADE CIRCLES..

Edited by questioner
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Make a complaint to the OFT, letter in the link below can be tailored to suit your particular situation quite easily:D

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

HTH

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Make a complaint to the OFT, letter in the link below can be tailored to suit your particular situation quite easily:D

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

HTH

 

 

I have already complained to OFT but will use this on others in the offing.

 

Thanks

 

CB

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  • 2 months later...

BC have never given anything but illegible terms for this account.

 

I complained to them and this is their response........:mad:

 

barclay1dec091edit.jpg

 

barclay1dec092edit.jpg

 

 

 

What really is the point is writing anything this this lot?

 

The law clearly matter not a jote to them!

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They appear to work from a script and nothing will make them veer from it!

"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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  • 3 weeks later...

well they can pursue it but not through the courts.

 

bit of stale-mate!

 

trouble is....an unenforceable agreement doesn't make the debt go away, it's not some magic bullet that wipes debt out, regardless to what these reclaim co's claim.

 

dx

Edited by dx100uk
keyboard int

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So it amounts to filing their letters of twaddle under J for junk and letting truecall tell them where to go with their phone abuse.

 

Then we have the PPI thingy to throw into the equasion.

 

ANYONE ANY INFO ABOUT "PAYMENT BREAK PLAN"?

 

One BC account apparently has come from an OC, Momument, and loads of mothly PBP are on the statements.??????

 

I gather it is a crafty form of PPI although Monument statements claim that it is NOT insurance ...:D

 

I may need to CCA and even SAR Monument as BC have no sign of any agreements - just daft terms forms... Yes??

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I found this on PBR

 

Claiming against Monument Payment Break Plan - MoneySavingExpert.com Forums

 

STILL NOT SURE HOW TO PLAY THIS?

 

PBP seems to be a mystery but someone must know if we can claim it back as it was something we did not want or request.

Edited by questioner
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yep its ppi in sheeps clothing

you can claim it back

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yep its ppi in sheeps clothing

you can claim it back

 

dx

 

Great stuff many thanks - tally hooooooooooo

 

I just need to figure out why the monument account number varies from the BC account number. I maybe should SAR Mon first ..

 

I possibly have most statements though off Mon ..

 

There have to be a link here but BC seem to have chaged the account number which is confusing me.

 

To make matter worse before it was Mon ir wa called Providian...

 

the number changed when BC got hold of it but coz I cannot get any original agreements off BC I cannot say which of our 2 accounts with BC it actually is......

Edited by questioner
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Barclaycard are amongst the worst when it comes to producing documentation of a certain age in our experience. To date they've farmed our old account to:

 

Mercers

Scotcall

Calder Financial

Credit Solutions

Power2Contact (Ironic that one :lol:)

 

The CCA request made over a year ago produced a modern day set of T&C's and a wierd sheet that had a load of gobbledy gook on it entitled 'change processing data'. That they maintain is enough to set the threat monkeys on us and of course all the 'we're going to kill you/abduct your granny/give you a chinese burn/stamp our feet' letters commence.

 

We'll issue a letter before action soon enough but for now we've got bigger fish to fry - the ever popular Link Financial who will get their backsides roasted if they have the gall to attend court in the new year :p.

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you say you have the statements

then use the CC number on them.

 

you are making a reclaim for PPI dont give them the excuse of adding extra confusion

 

i paid this amount of PPI at your int rate of + 8% stat, you now owe me XXX.

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you say you have the statements

then use the CC number on them.

 

you are making a reclaim for PPI dont give them the excuse of adding extra confusion

 

i paid this amount of PPI at your int rate of + 8% stat, you now owe me XXX.

 

 

 

dx

 

 

Q, I would agree with dx on this. Use the account number from the statements.

 

It would appear that dx has also cleared up the status of the payment break plan for you as well. :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks folks.

 

Claiming back PPI, no matter what they call it, is not the prime issue just yet.

 

I want to know what the old Monument number relates to today with BC.

 

Acc numbers numbers do not match and BC gave me no agreement - just an illegible terms sheet.

 

Monument was a trading name for BC and before Monument it was with Providian, which must have been a trading name for BC too.

I assume that BC changed the account number of the older account to what it is today. No modifying agreement in evidence either of course.

 

I need to get the info on this then I have proof that the old Monument account number with the PPI on relates to the current one with BC .

 

I have SAR’ed BC and this may reveal something.

 

In order to kill the new file I must know where it came from. I cannot say – oh look this account is invalid with PPI on if I cannot relate to this number discrepancy you see.

 

Hope this explains where this is at. :)

 

I shall wait for all SAR data before belting in the PPI claims on the Mon account.

 

Another thing is that we save all data but the other second account in dispute with BC has NO statements to show for itself. Now what if BC SAR info shows NO statements too??? I presume thay have to show me everything I ask for with the SAR thingy and at VERY least any relevent statements??? I suspect something is just not right here.........have asked the highly effective (I know I know ) FOS to look into this but...

 

Bit like un- knotting a nest of eels this...and all the help I get from BC is the usual Death, Murder, Kill if you don't, shut it and pay up without question mate - from their incredibly helpful assistants.

 

 

PS I think the reason why BC are so cagey about NOT giving out many CCA requested agreements is that they know PPI will be a BIG issue and may render the accounts invalid.

 

In some ways the easiest thing would be to say to BC - SOD OFF AND DONT WRITE AGAIN AS I WILL JUST IGNORE YOUR SILLINESS UNLESS YOU SHOW AN ENFORCABLE AGREEMENT.

 

And at the same time rattle them with the PPI CLAIM ON THE OLD monument ACC NUMBER

Edited by questioner
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Knitting fog is easier than trying to work out what Barclaycard are up to.:D

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It's all very well Barclaycard quoting in their letter to you

'The issue of what is an executed agreement has been interpreted in the High Court' but give no indication as to the case where the interpretation was made (I'm sure it exists but simply quoting the High Court said it so it must be so isn't good enough.

 

Also, they mentioned that you signed a contract with them. have they provided the evidence of the signature? Surely any contract to have any chance of being binding (notwithstanding the contents possibly being flawed) needs to have the sigature of both parties shown on it....

 

All standard stuff but companies like Barclaycard are fond of spewing rhetoric when writing to you but pay scant regard to their own obligations under the relevant credit acts.

I reside in Dawlish Warren but am not a rabbit.

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It's all very well Barclaycard quoting in their letter to you

'The issue of what is an executed agreement has been interpreted in the High Court' but give no indication as to the case where the interpretation was made (I'm sure it exists but simply quoting the High Court said it so it must be so isn't good enough.

 

Also, they mentioned that you signed a contract with them. have they provided the evidence of the signature? Surely any contract to have any chance of being binding (notwithstanding the contents possibly being flawed) needs to have the sigature of both parties shown on it....

 

All standard stuff but companies like Barclaycard are fond of spewing rhetoric when writing to you but pay scant regard to their own obligations under the relevant credit acts.

 

 

HI DEB - NO AGREEMENT AT ALL FROM THEM - JUST THE USUAL TERMS SHEET WHICH IS HARD TO READ.

 

I HAVE GONE THOUGH ALL THIS WITH THEM AND THEIR STADARD RESPONSE IS..............

 

YOU HAVE A DEBT WITH BC, WE SHOWED YOU OUR AGREEMENT WITH YOU (I.E. ILLEGIBALE TERMS SHEET), SO SHUT UP AND PAY UP NOW OR WE SHALL GET TOUGH...

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"Also, they mentioned that you signed a contract with them. have they provided the evidence of the signature?"

 

 

No agreement - signed or otherwise - has ever been given. I'm pretty certain that if anything nothing more than an app form would have been used. Old account too though so ...... plus the new issue of PPI misselling ..

 

Is it any wonder that getting account info off this crowd is like getting blood out of a stone.

 

Reason? They do not want us to know how much is owed - TO US

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I just found another old letter from Monument which clearly states that "we are changing our name for Providian to Monument." This was back in 03.

 

However - I still cannot understand it as the accounts now huntetd by Barclaycard have totally differant numbers.

 

BC have admitted that what they are chasing today comes from Monument too.

 

No agreements - no applicable numbers ..no historical records of what BC hunt today :confused:

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i think really this boils down to you being on a phishing list.

 

you either write to BC clearly stating that you have never had an A/C numbered XXXXX with , and if they think otherwise then prove it.

 

until that time i will be ignore all communication from you and your agents as clearly you cannot prove the debt is mine.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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