Jump to content


  • Tweets

  • Posts

    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
  • Our picks

CONFUSED45

Barclaycrd Vs Confused

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3613 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

Hoping someone could help me, received the following letter in post today from Barclaycard.

 

Dear

Following a review of our exisiting accounts, the decision has been taken to withdraw your Barclaycard credit facility(s). This decision was taken due to the fact that your account does not meet the organisations new assessment criteria. Unfortunately, I am unable to discuss in any details the criteria concerned with your closure as it is company information and as such is confidential.

 

In accordance with the Barclaycard conditions which permits wither party to end the agreement, we hereby give notice of termination of this agreement with immediate effect.

 

You will continue to receive monthly statements until your account is repaid in full. Payments should be made in the usual way. Should you fail to do as requested or default on any future payment, your account may be referred to a debt collection agency or legal action taken.

 

Please ensure that you cancel any continuous debiting authorities by writing to the companies direct.

 

Yours sincerely

 

Would really appreciate comments on what I should do now

confused

Share this post


Link to post
Share on other sites

Well the first thing is that the bank has a new obligation to treat you fairly under recent FSA regulations. They obliged to do this. It is not a matter of choice. So by making this peremptory decision to terminate your contract and not giving you any reasons they are in breach of these regulations. This means that the first thing you can do is you can complain and tell them that you wanted to go to the ombudsman under the new FSA regulation. However this will take a long time to happen it will not help you in the immediate future. Frankly there is little you can do.

 

They will try to say that they reserve to themselves the right to terminate your agreement at any time. The fact that they are now medically fairly to do this the same reasons and to do with you fairly about it will have no effect on them.

 

I don't really expect any of the banks take any real steps to comply with the new FSA regulations until they are forced to and humiliated to probably by court action. The banks are outlaws and this includes Barclays.

 

They are meant to tell you about the decision-making process and so you could serve them with an SAR. Our so-called information are particularly Parcelforce information which is led to this decision and to know what their decision-making process is.

 

Although this may satisfy your immediate anger -- eventually it will have no effect.

 

The best thing to do is to complain to the FOS -- but reconcile yourself to the fact that this will have no effect on anybody and probably the FOS will simply say that they have a contractual right to do this. I don't believe that the FOS is typically geared up to apply the FSA regulations on fairness.


Share this post


Link to post
Share on other sites

Hi

 

Thanks for getting back to me, now they have terminated my agreement, can they legally keep adding charges and interest every month at credit card apr rates or should it be converted over to a repayment type loan account.

confused

Share this post


Link to post
Share on other sites

Hi Confused

 

May I ask what you think caused this letter to be sent out? Is the account in dispute / over limit / behind with payments?

 

Obviously you need not answer as its maybe a bit personal, but Im interested on the grounds that if this is a new tactic, I will be expecting to receive 2 such letters of my own.

 

All the best


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

Share this post


Link to post
Share on other sites

Hi Still Surviving

 

Missed one or two payments, but had agreed payment plan with Barclaycard/Mercers last week and in that conversation they agreed to look at my interest rate and consider reducing it, no mention of termination.

so I am totally confused:confused:

 

confused

Share this post


Link to post
Share on other sites

These people appear to have the morality these days of a slop bucket....

 

So in a nutshell, its 'agree to pay our ever increasing interest rates (when the base rate is at an all time low) or we cancel the account.

 

I think in my case, rather than getting any response to my charges reclaim letter, im more likely to get termination notices.

 

Cant wait....charges claim is over 55% of the balance, and the account is in dispute.

 

Needless to say, stay strong, and use the knowledge offered here. I thought living without credit cards would be impossible, but its amazing how a change of mental attitude can improve things no end.

 

If you havent already done so, make sure you CCA BCard for your agreement, and reclaim any penalty charges & interest levied on your account


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

Share this post


Link to post
Share on other sites

Hi still surviving

 

Thanks for your response, will cca them in the morning.

 

confused

Share this post


Link to post
Share on other sites

Hi Confused,

 

If you have all your old statements, check through carefully for any default charges which you can reclaim.

 

If you don't have the state's and think there may be charges, send off a SAR.

 

Re the withdrawal of your a/c, you can kick and scream till the cows come home, but I doubt it'll change anything. I think you should pick your battles wisely and this is not worth challenging. :mad:

 

I assume, if they terminate the a/c, that they'll stop adding interest but maybe others can comment on this.

 

:)


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 !:-)

Share this post


Link to post
Share on other sites

Hi Slick132

 

thanks for your comments, they have said in their letter they will continue to issue statements until the account is paid off and if I default on any future payments, my account may be referred to a debt collection agency, but nothing about whether they will continue to add charges/interest to the account, which if the agreement has been terminated then can they legally add charges/interest when no agreement exists?

 

regards

confused

Share this post


Link to post
Share on other sites

Hi Confused,

 

I'll see if we can get some further opinion about whether BC can continue to charge int't on the a/c when they have withdrawn use of the card and are waiting for you to pay it off.

 

It would be different if they had terminated the a/c and passed it on to a DCA. Then they would charge no more interest.

 

:)


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 !:-)

Share this post


Link to post
Share on other sites
Hi Still Surviving

 

Missed one or two payments, but had agreed payment plan with Barclaycard/Mercers last week and in that conversation they agreed to look at my interest rate and consider reducing it, no mention of termination.

so I am totally confused:confused:

 

confused

 

 

Have they agreed a repayment plan where the interest rates have been stopped ?

 

I think I see what they are doing. Tescos did this with OH. When he advised them he was struggling, they agreed to the stopping of interest and a repayment plan. However, they defaulted and terminated the account first.


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

 

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

Share this post


Link to post
Share on other sites

Hi

No they hadn't agreed repayment plan where interest was frozen! just that I would pay x amount per week which added up to the full minimum payment due on the account each month. At no time was reduced payments and that no interest would be added mentioned!

So should I write a letter to ask/request that now the account has been terminated by them that no interest/charges should be added. But after today's ruling they would most probably just laugh at my letter!!!!!!!:rolleyes:

 

confused

Share this post


Link to post
Share on other sites

Hi Confused,

 

Today's ruling has nothing to do with credit card a/c's.

 

Unless any other suggestions come through, I see no harm in writing to BC and asking them if they will now stop adding interest, so you can pay off the a/c as they wish.

 

If you are in financial difficulties, confirm this and say, if they don't stop adding interest, you'll have to consider your options carefully.


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 !:-)

Share this post


Link to post
Share on other sites

Hi Slick132

 

Thanks for your email, will write a letter today requesting interest stops being added.

 

will keep you updated

 

regards

confused

Share this post


Link to post
Share on other sites
Hi Confused,

 

Today's ruling has nothing to do with credit card a/c's.

 

Unless any other suggestions come through, I see no harm in writing to BC and asking them if they will now stop adding interest, so you can pay off the a/c as they wish.

 

If you are in financial difficulties, confirm this and say, if they don't stop adding interest, you'll have to consider your options carefully.

 

Hi Slick132

 

Just remembered this account which they have terminated, use to be a goldfish card and was trasferred over to Barclaycard but don't remeber signing any new agreement, is it worth doing a cca request or is it too late now they have terminated.

 

confused

Share this post


Link to post
Share on other sites

Hi Confused,

 

You can send them a formal CCA request (enclosing the £1 fee) if you want to question the enforceability of the a/c.

 

:)


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 !:-)

Share this post


Link to post
Share on other sites

Hi Slick132

 

Thanks, will send one tomorrow

 

confused

Share this post


Link to post
Share on other sites
Hi Confused,

 

Today's ruling has nothing to do with credit card a/c's.

 

Unless any other suggestions come through, I see no harm in writing to BC and asking them if they will now stop adding interest, so you can pay off the a/c as they wish.

 

If you are in financial difficulties, confirm this and say, if they don't stop adding interest, you'll have to consider your options carefully.

 

Hi

 

Wrote to Barclaycard requesting requesting that they stop adding interest and charges now that they had terminated my account, to enable me to repay the balance, I have today received the following letter pasted below

would really appreciate your views or opinions as what todo next.

 

http://i863.photobucket.com/albums/ab199/confused44/img055.jpg

 

http://i863.photobucket.com/albums/ab199/confused44/img056.jpg

 

regards

confused

Share this post


Link to post
Share on other sites

Unsurprisingly, BC have not responded to your letter at all. They've sent a template response to an Account in Dispute letter, or one which asks them for the agreement which they failed to supply.

 

I can only suggest you send another letter sticking solely to your request that they stop adding charges and/or interest to the account.

 

Maybe address it to Barclays London HQ if you agree with me, that they completely ignored the content of your last letter.


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 !:-)

Share this post


Link to post
Share on other sites

Hi

 

Thanks for coming back to me, I will write back to them again requesting that they answer my original letter. But I am wondering reading between the line if they do actually have the agreement as this was an account which was passed over from Goldfish!

 

confused:confused:

Share this post


Link to post
Share on other sites

removed or

Edited by oilyrag
deleted

Share this post


Link to post
Share on other sites

Subscribing to this as I had card originally Morgan stanley then Goldfish Now Barclaycard!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...