Jump to content


  • Tweets

  • Posts

    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barclaycard v MandMs son in law


MandM
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2901 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

Have put together this reply does it look ok or do I need to change

 

 

Thank you for your letter.doc

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

  • Replies 105
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I think that will do, apart from the typo's. ;)

 

:)

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

I think that will do, apart from the typo's. ;)

 

:)

 

ty

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

  • 3 weeks later...

Still no reply from Barclays about the rest of the statements. The deadline was today.

 

My son in law does not want to stop paying his card so not sure if I can still do an account in dispute or should I just do a letter to the FOS and complain.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Give them a few day's grace and, if still no reply, send a complaint to the ICO.

 

:)

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

Thank you Slick.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Update.

 

Received this letter today from Barc/card.

 

barclays.jpg

 

Not sure what she is getting at.

 

The only stuff we have had so far is 6 years of statements and the long pages of data that no one understands.

 

There were no copies of any correspondence and no call logs, but on a lighter note hopefully we will now be getting the rest of the statements so we can crack on with the PPI claim.

 

Will keep you posted.

 

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Seems a bit wierd to me, a SAR means they have to produce all information, in any form they currently have, so leaving out those statements is surely a breach of the SAR?

 

She may well mean they are re-sending out the documents, but if thats what she means she hasn't worded it particually well.

Link to post
Share on other sites

A SAR response only has to supply the data they hold.

 

It doesn't HAVE to be in a specific format, eg statements.

 

However, it must be intelligible to the recipient as a lay-person.

 

:)

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

Thanks Doom & Slick.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hi MandM,

 

We have seen on other threads that the ICO is unwilling to challenge BC to show proof of, or reason for, destruction of data.

 

BC say, "We ain't got it no more" to the ICO and the ICO say to you, "BC say they ain't got it no more and we believe them, innit."

 

If we actually take it that BC actually have destroyed the data, you can understand why they'd do this to avoid further penalty charge and PPI liability.

 

:mad:

 

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

Link to post
Share on other sites

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

Link to post
Share on other sites

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

 

Thank you for that. Will give it one last go as I'm treading softly with this one as Acc is not in dispute.

 

>>>>>>BC and Webmaster - do you have a link to your threads as it looks like I may be doing the same :)

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

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

Thanks Slick.

 

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hi.

 

Am getting really fed up with them now. I gave them 16 more days and they are still ignoring it.

 

Have done a letter can someone have a look and advise.

 

 

*********************************************************

Letter Before Action

 

Dear Madam

 

Reference Account : ****** **** ****

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 there was no comms log.

 

As I remember a conversation with someone at your telephone banking department last year concerning the PPI on my account I am assuming that this conversation would have been logged.

 

There was nothing in the data referring to the PPI I had on my account or when it was requested for the account.

 

I am still awaiting the rest of my statements.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7days to fulfil your obligation to me under the Subject Access Request or I will be forced to put the account into dispute and ask the courts to intervene.

 

 

 

Yours Faithfully

*********************************************************

 

Is this too much or am I not saying enough.

 

Thanks

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Personally I wouldn't highlight what your actually looking for data wise, I would just stress that the 'comms log' is missing. Once you tell them what your looking for it starts to disappear. Sometimes you need to be cunning.

Link to post
Share on other sites

You can also mention that you will complain to the ICO and may issue court proceedings to ensure that they comply with the obligations imposed upon them by the Data Protection Act.

 

:)

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 M&M

 

I complained to FOS that BC had not sent a CCA only a typed agreement - the FOS adjudicator as written to me confirming that BC do not have a copy - I have not heard from them for months (usually I tempt fate and a letter drops) - Sitting back and waiting!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Thanks Slick, Rebel & LB.

 

All comments noted and digested will reword the letter.

 

He has only ever had the copy Agreement that has no details on it. When we asked Barclays for a signed agreement they came back and said they did not have to supply it.

 

Not sure if we should have argued that.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

In case any information on my thread is helpful, the FOS confirmed that BC do not have a copy of the CCA although they do not think I should withold payment - well until BC prove otherwide that's the way it will be, I had great advice from Vint and Slick plus others (incase I missed anyone important out!)- here's the link

 

Barclaycard CCA - advice on next move please

 

I also checked my credit file and BC and it shows there has been about 8+ missed payments

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Thanks LB.

 

My son in law has never missed a payment on this card in 12 years, and has only ever had 1 referral which they paid him back, so they don't have a problem with him which makes me think they must know that he is looking at claiming back the PPI he was miss sold.

 

I am of the mind now that maybe I should just complain to the ICO.

 

I will let them know that I am putting in a complaint and I might even drop in the fact that he has always kept up his payments etc and as such what is their problem on giving him his agreement and his SAR documents.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hi, have reworded the letter how does it look.

 

 

********************************************************

Letter Before Action

 

 

Dear Madam

 

 

Reference Account :*****************

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 the comms log was missing

 

As I remember a number of conversations with someone at your telephone banking department last year concerning my account I am assuming that these conversation would have been logged.

 

I am still awaiting the rest of my statements.

 

I would also like a copy of my signed agreement as requested by me in December 09.

 

The copy you sent me was not a copy of the agreement that I signed, and the T&C’s were not the T&C’s for the original agreement I took out with your company.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7 days to fulfil your obligation to me under the Subject Access Request or I will put the account into dispute.

 

Further more I will be putting a complaint into the Information Commissioner`s Office and may issue court proceedings to ensure that you comply with the obligations imposed upon you by the Data Protection Act.

 

I would also like to point out that I have always maintained my account in accordance with your terms, I have never defaulted on my payments and as such I will inform the Information Commissioner’s Office of this.

 

*********************************************************

 

Thanks

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Looks fine to me.

 

: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 !:-)

Link to post
Share on other sites

Thanks Slick.

 

Will send it off today.

 

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...