Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2526 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

Right i have been suffering from RSI from work, standard mouse and keyboard stuff and work were aware of the situation.

 

Upon leaving recently i did not make my employers aware that i was going to potentially seek legal action, only going to proceed if im entitled.

 

Anyway upon leaving i was given a signed letter by my director (not signed by me), nor explained to me which stated the following:

 

"Please note that on acceptance of your final wage you agree that you do not hold any outstanding dues against (company name)"

 

Is this legal and can it protect them from any workplace injury claim? Was really peed when i finally read the letter. :-x

Share this post


Link to post
Share on other sites

"Please note that on acceptance of your final wage you agree that you do not hold any outstanding dues against (company name)"

 

Hello there, welcome to the forum. Does it definitely say outstanding dues agains the company please? That sounds like an odd wording.

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

he can say what he likes but it's not legally binding unless you signed something, as it is an unreasonable term.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

well it doesn't say company name, but thats me protecting the firm name.

 

nothing signed from my end on paper, but they did put the money through into my account, really hope that can't stop my claim.

Share this post


Link to post
Share on other sites

What is far more likely to stop your claim is a lack of evidence. What's to say you didn't cause the injury at home by eg video gaming or a rubbish chair? No ergonomic assessment, no doctor's report while at work, no request for reasonable adjustments = no opportunity for the company to act. Unless you have something saying the employers action or inaction caused the problem?

 

almost no chance of a claim succeeding I'd say, but try a no-win no-fee for a second opinion.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites
What is far more likely to stop your claim is a lack of evidence. What's to say you didn't cause the injury at home by eg video gaming or a rubbish chair? No ergonomic assessment, no doctor's report while at work, no request for reasonable adjustments = no opportunity for the company to act. Unless you have something saying the employers action or inaction caused the problem?

 

almost no chance of a claim succeeding I'd say, but try a no-win no-fee for a second opinion.

 

Yeah alot of people have said need evidence, but there was also no training from my employers what so ever regarding computer use, breakage etc. Plus i advised my doctor that the pain initiated from work and progressed to other areas after months.

Share this post


Link to post
Share on other sites
Yeah alot of people have said need evidence.

 

Listen to them.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

Agree with the above, but as a starting point, any claim investigation should be looking for specific Risk Assessments and policies held by the employer regarding workstations, display equipment etc, training records signed and agreed. Also whether there was previous documented evidence of complaints raised, injury recorded, sickness records associated with the injury.

 

Insofar as a disclaimer is concerned, absolutely would not stand up - especially as far as a H&S issue is concerned. Symptoms can sometimes not show immediately and can only be linked to the possibility of it being due to the nature of work some time later - for that reason there is a general three year time limit from the link being made in which to bring claims. Consider also cases of serious lung disease caused by asbestosis where it may be decades later that a link is made - liability cannot be absolved by a disclaimer.

 

You can refuse to sign the disclaimer and they still have to pay you otherwise you have a valid Tribunal claim for Unlawful Deductions!


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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...