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    • hi   Thank you for your reply.   nice link . thank you very much.   I know I will get my refund. it has been offered. I have been told I am right about the situation. It does seem like this is in debate but this was clarified a long time ago.   Do you think I would be wasting my time to try and stop it happening to others?   I just would not want this happing to anyone else.   Thank you again                
    • Just ask for the refund you appear to be entitled to.  They'll either pay it or they'll explain to you why they won't.  Forget everything else.   Or you could try here:  https://www.railforums.co.uk/forums/disputes-prosecutions.152/
    • you stated :   "I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect".     They were there when I should have had an off peak option, they did not give it me!! I asked for the lower fare. they refused!! And threatened a fine!! ( i did not know the jargon , that is true)  but "lower fare option "  should be o.k for them to understand.   When I say, to the effect, that there was a lower fare option listed on your computer before I left the station  Please can I have that as this higher fare seems far too much. Is there another option?   No.   I had full fare or a hefty fine options only.   you stated:   "your intended return was off-peak, but you didn't tell them.."   I asked for the lower fare, they refused. repeatedly. They had the option to charge the low fare but absolutely refused and threaten a fine.   I do not have to know any jargon.  I just said it was too much and there was a lower option before i departed and  why can't I have that? They said no and that I had to pay the high fare.   Which is untrue. They should have said that was o.k and gave any restrictions on the ticket!   you stated "this thread is getting boring and repetitive. "   You could help me and the many others  who may read this) who would like advice and offer suggestions of things to ask or mention with the complaint.   What would you say? How can I stop this from happening to others?   I have been told I was right by the staff at the station. So I know I am in the right.   Please can you be a bit more friendly and helpful?  Come on, lets try and do some good here.   I was hoping people might suggest some ideas.   Perhaps we can move onto the questions I should ask or things I should state regards my complaint. with time running out?  If not for me,  for other travellers, who will be going through this same ordeal if we do not help them.   kind regards.          
    • yes because 1000's of people believe a DCA is a bailiff and they are not and that penalty charges are lawful, they are not, so blindly cough up...   worth a few letters / free emails to try it on pays for the staff drinks down the pub that night with free money.   dx  
    • they have already 'outsourced' it ..........to a dca [crs - well that's harlands anyway] watchout for Zinc next.. but don't look at the bottom of the letter as you'll see its the same address again...}   forget about it go enjoy your life.    
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lizzz

Egg (now Barclaycard) was PPI now Unenforceable...what next please?!

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Hello and thanks for your amazing forum :) I hope you can help, I've read loads of posts but can't find anything that matches my scenario: (I'll try and keep it brief!)

 

I've got a C/card which was with Egg and is now with Barclaycard due to their purchase of egg. It's now down to £4300, (was more like £6k I think) I originally took it out in 2003 odd. I knew I had PPI with them, and so sent off my £1 and asked for my agreement, and have got back a letter which I wasn't expecting, stating that:

 

"We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

With immediate effect we have suspended your Barclaycard account (that's ok, I haven't used it in over a year, just been trying to clear the debt) We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account.

 

It then goes on to talk about cases where people have tried to get money back and failed, and says that I "should continue to pay".

 

I've read loads of posts and forums about unenforceable debts and am confused. I also know that a lot of the account is made up of charges from when I couldn't pay. I am currently paying a really small amount monthly and have done for 1 year, since I wrote to them with my income and expenditure and offer to pay, while making regular payments so they had to accept it.

 

Obviously, I was just looking into PPI and then was going to look at charges, but if I've got an unenforceable debt, can someone please advise what should I do now? I would love it if they would write the debt off. I have other debts which I am also looking into for PPI/charges, my total debt is £23,000. I have been struggling with debt for 10 years now, and it's time I put a stop to it. I now am proud to say I live within my means and intend to never touch credit again.

 

Thank you for reading.

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i would suspect that ppi from 2003 will wipe this debt and charges from upto 6yrs ago, will put money in your pocket!

 

if you've got all the statements

 

get reclaiming!!!


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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So the account is now in dispute so you don't have to make any payments at present.

 

The good bit, just as dx has said, I bet there are also other charges that can be claimed back as well. It couldn't happen to a nicer bank, they hate people like you. If you haven't got all your statements etc that will allow you to calculate charges and ppi payments, then sar them and get the lot.

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Hi again, First of all, thank you so much for your encouraging replies, and Secondly sorry for the delay in responding, as a self employed person, finding the time to deal with this (and keep food on the table) is very difficult.

 

Firstly I should say I think I cancelled the PPI after about 2/3 years (when I realised it was costing an arm and a leg)

 

I don't have statements, and would need to go the SAR route (have looked at the template), but not sure if I would be better just trying to get them to write it off - rather than going after them for charges to be refunded to me....and the hassle that entails...I have drafted the following letter, (after reading several advise sites and taking parts from other template letters) and I would be very grateful for your thoughts...

 

 

Dear (name)

 

A large amount of the account balance is made up from your charges which have contributed to my serious financial difficulties. These have been proven in numerous other cases to be unfair as they were contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’). For many months my personal income decreased, and I had to make regular cash withdrawals using the card to make ends meet.

 

Pretty much every month I would get a letter saying my credit limit was increased, I never asked for this. These credit increases were irresponsible on your part.

 

My low income has been consumed purely on paying your interest and your charges. In the last 5 years I have repeatedly struggled to meet basic necessities, food and utility bills because of the interest and these charges. Despite this I have attempted to make payments.

 

I am now reviewing all terms under which your lending was conducted via numerous accounts to, and with various creditors, with a view to either claiming back unfair charges, miss-sold Payment Protection Insurance, writing off debts, entering into an IVA or going bankrupt.

 

As you are unable to provide the required documentation, and the agreement is therefore unenforceable, I am requesting that you write the debt off.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service at the earliest opportunity.

 

What do you think? Many thanks again.

 

(NB - I have already started getting phonecalls from Barclaycard, and have been avoiding them).

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Look up chargephone numbers - free for you, they pay to call (I used flextel), and write informing them of your change of number. I did this a few years ago, they deleted my home and mobile numbers, now I just get an email saying they've called (I've never listened to the messages). I must have got a few pounds as well, but haven't checked - stopping them calling me was the main point! Before then, even when I wrote demanding they cease calling me and threatened to report them to the cops for harassment, they carried on - it was necessary to change the number.

Great being able to answer my home phone again.

 

One other point - they repeatedly upped my limit without telling me, it was on my statements - but nothing was done to draw my attention to it. Under current practice (which they claim to follow), they have to at least inform you how to stop a rise in the limit - but they never told me this. And I have proof, in the box of papers I received when I SAR'd them last year.

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Hi all, especially BelstarBomb, dx100uk and Conniff - and thanks for the comments all those years ago!

 

Well, to update, this has disappeared for 4 years, and has just raised it's ugly head again! I've just had a letter from a new collection agency, asking for the money. (Standard 'we've been passed your account, please call us to arrange a monthly payment or we can take action).

 

So to update: the last correspondence from Barclaycard was in 2012, and was as follows:

 

 

"Dear Miss Pendleton

 

Re: a/c

 

I refer to your request for information dated 19/05/12.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the “Act”) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the excited agreement (and any document referred to in it) and a statement of the account.

 

A statement of your account is below:

The current credit limit on your account is £0.00

The current balance on your account today is £4,368.22

 

Due to the current status of your account, the full outstanding balance is now due.

 

We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

With immediate effect, we have suspected your Barclaycard account. We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account.

 

Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise see to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland 92009) RWHC 2386 in which it was help that none of these steps constituted “enforcement” for this purpose.

 

Please note that the decision in Carey v HSBC (2009) EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. The the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed.

 

Karen Moore

Barclaycard Customer Services."

 

Today I called the collection agency and basically read the 'unenforceable' line to them - and they asked me to send a copy - so they've put the account on 'temporary suspension' while I do.

 

Seems there's no way Barclaycard can make me pay this back, but is there any way I can get it to go away? I've still no confirmation if there was PPI on the account...and it still feels like it's hanging over my head. Thankfully I don't need/want to use credit but I'm sure if at some point I wanted to get a mortgage, this is going to screw things right up.

 

Advice really truly appreciated. The fact that there was expert advice the first time around, really made me stop panicking, and I'm in a much better place to be able to deal with this now. Thankfully :)

Thanks in advance.

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well stop ringing powerless dca's

they are not bailiffs

 

 

is this debt still on your credit file

I bet not


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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...further to this....

I've been digging around in old folders,

 

I've found a letter from 2006 where I cancelled 'Cardholder Repayment Insurance' with them (I had realised I didn't want and couldn't afford it.)

 

The account had been open in 2003, and so PPI was running until 2006 when I started to struggle with money...

 

and, although, regrettably I don't have any statements at all

- I do have a letter (just the one) with an unpaid direct debit fee notification of £16.00.

 

I guess, these two things do work as proof of PPI and unfair charges, which, means they definitely owe me money?!

 

 

 

...is this debt still on your credit file

I bet not

 

I've just signed up with ClearScore, and I can't see it in there anywhere - so, no?

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try noddle too

make sure all you old addresses are showing too in linked addresses

if you've moved since taking this out as well

  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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thank you :)

 

Unfortunately, Noddle can't verify me, (tried twice), and in ClearScore, it only allows 2 previous addresses, neither of which are the address which I was living at when I originally took out the card.... :???::|

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id let this run..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Lizzie,

 

I no longer live in the UK so don't know how the consumer credit laws may or may not have changed.

 

My initial response would be to let it run.

 

My only concern is that in calling them, you have now confirmed your address which may allow them to apply a DN etc.

 

I personally, would not have responded.

 

If they continue to chase you, if you hadn't claimed your PPI back, I would tell them that as the owners of the debt you will be claiming the PPI back from from them unless they discontinue their action and confirm that no detrimental information will be posted against you at your address.

 

I'm sure the amount you could potentially claim is way more than they paid for the debt......

 

Good luck!

 

Bel

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