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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
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    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Barclays Bank, Partner Finance, Barclaycard, and more!


benjayh
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Thanks

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First of all,

it's great to be a part of this community, and its brilliant to see the help and advice given,

so I appreciate any advice you give.

Apologies if some of its not in the right place,

so feel free to move it, or advise me to make a separate thread.

 

First off, a bit of back story.

 

I'm a 22 year old student, who managed to rack up £5k+ of debt since 2011, and have been struggling like hell to pay them off.

 

Finally, yesterday (28/02/14) a family member paid them all off in their entirety.

 

A breakdown is shown below, also with a copy of my Noddle credit report dated just before they were all paid.

 

As you will be able to see,

I defaulted on the Capital One debt, and also on the Barclays Partner Finance.

 

However, with the charges and god only knows what else they were adding,

there was no hope for me to pay them, and unfortunately I defaulted on them both.

 

My question to you all, is,

 

is there any possible way of getting those 2 defaults removed from my credit report?

If so, I would appreciate some pointers, and

 

secondly, is there any way to claim back any of the charges I had to pay?

If so, how is it calculated and does it include interest, etc?

 

I don't have any of my statements for any of them (although I have letters with the account numbers, etc),

so how would I go about getting them, and the other necessary information to arm myself appropriately?

 

Up until the day it was paid, I never acknowledged any of the debt,

but surely paying it is acknowledgment enough?

I don't know the legal ins and outs, hence why i'm here!

 

And what are my first steps (if any) I need to be taking?

Much appreciated in advance, and hope this is enough information!

 

Shown here is the amounts I paid when clearing all the accounts:

 

Barclays Overdraft - £1560.99 (limit 1420)

Barclays Partner Finance (this was for a Macbook, if relevant?) - £929.96 + £283.52 to a DCA (bad I know) (total amount 1600ish)

Barclaycard - £1677.20 (limit 1200)

Capital One - £663.35 (limit 500)

EE (formally Orange) - £666.37 (however, this was a balance paid to Moorcroft,

I have since cancelled with Orange, so is it best to leave this one?)

 

Obviously I would have been charged to holy hell on the Overdraft, Barclaycard, Partner Finance, and Capital One,

 

so i'm looking at attempting to get some of it back, and ideally the 2 defaults removed.

 

So again, what advice do you give, and what first steps should I be taking?

 

Thanks!

 

EDIT: 16:05 28/02

- I've just been reading through the Wiki, and assume i'm gonna have to send off an SAR,

 

my question is, with regards to the 3 Barclays related ones,

 

do I have to enclose a seperate request for each thing with the £10 fee for all 3,

or just one letter with all 3 accounts and £10? And what address should it go to?

Edited by benjayh
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you only need one sar per bank.

 

now, I am surprised you didnt demand the default removals upon paid

 

and you should never had paid that debt off to Moorcroft

that's gone straight in their pocket can you reverse it?

 

never ever ever pay a DCA anything!!

 

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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Firstly, cheers for the response!

I was naive, and only really thought about it after it was all paid. But, now after realising whats gone on, I intend to go on the warpath. So, if i send the SAR request to Barclays, and include the 3 accounts info, BPF, the bank itself, and Barclaycard i'll get all the required info to start staking a claim?

 

Thats gonna be my first port of call, so i'll do that, see what response I get, and reply back here.

 

Oh, and what address does it need to go to? As I saw a few different ones?

 

With regards to the payment reversal, I can definitely reverse it as it was paid on a CC, so will look into that!

 

I'm just gonna go after the Barclays related ones for now, and see what success (if any) I have.

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YOu should send the SAR to Barclays Head / Registered office - send it via a tracked mail service , Special or recorded delivery.

 

They have 40 calendar days in which to provide the data.

 

Barclays can be a bit shifty with Data, so you need to ensure you check thoroughly when you receive the package.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection

 

You will find some draft Requests in the link above.

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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Much appreciated for that, i'm definitely not gonna let this go, and i'll take it as far as necessary. I'll get it all drafted, printed and sent tomorrow morning.

 

When the time comes, and I get the information I requested, would it be alright to scan it, and post it up here, so someone can give me some pointers on what I can and can't claim back? I've read through the wiki, but some things seem a little complex.

 

What do you mean by shifty by the way? As in, not including some things? What should I be looking out for?

 

With regards to the defaults, whats the best course of action in getting them gotten rid of? Make it a term when I stake a claim?

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They will try to tell you that some data is not included in a relevant filing system ! Or that they only keep it for 6 years. Until you actually receive the data, you wont know if you are missing stuff.

 

Their usual modus operandi is to deny receipt of the request - or that the statutory fee of £10.00 was not included, which is why you have been advised to send it the Head office and by tracked mail.

 

Your best source of information within the data packs are the communication logs (which is a history of the accounts ) any actions taken on the accounts should be recorded on this.

 

Statements

 

I think you will really struggle to have the defaults removed sooner than the due date of 6 years. Unless of course you can make a claim for them having been incorrectly recorded. Others would be able to advise more on this point.

 

Have a read round other threads regarding Barclays to see what you are up against :(

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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40 cal days from when they get it

 

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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  • 3 weeks later...

SAR received today.

 

Seems to be all there.

 

Well, I certainly wasn't expecting so much paper. Haha!

 

Whats my next plan of attack?

 

I assume, going through it all, and counting up all the charges, etc.

 

But what kinds of charges am I looking for?,

 

and also,

 

I assume theres just no point even trying to claim bank charges anymore,

so i'll just go for BPF, and Barclaycard.

 

Oh, and do I add interest, or just ask for the charges back for now?

 

This is getting exciting!

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link 3 below outlines the process

 

yes you use THEIR interest rate APR.

CISheet v101.xls

 

one sheet per claim.

 

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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as for the defaults

if you can prove the default notice total contained PENALTY charges

[late/over/phone/letter/reverse DD]

 

any fixed fee sum is a PENALTY

 

then you have the basis for contesting the marker/DN was invalid

 

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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Share on other sites

Will bear that in mind with regards to the defaults. Been going over the statements today, and am I correct in assuming the interest rate is 2.207%? Thats what its saying on all the statements?

 

And with regards to Barclays Partner Finance, they didn't include anything pertaining to that on any of the info, but its all there on my bank statements. Do I send the claim form (seperate ones obviously) to the same place? Just seems odd there isn't any statements for it.

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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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Hi Benj,

 

You could just reclaim at a nominal compound interest rate of 24.9% instead.

 

:-)

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