Jump to content


  • Tweets

  • Posts

    • Same as Barclays one I have just updated on. PRA group have written back and told me they intend to proceed with claim, have also sent another stack of documents, similar to last time round. I did fill in an online income breakdown etc on their website  offering to pay them x amount of money back each month,  a couple of weeks back, they haven't acknowledged that ?  
    • Hello, I wasn't able to update the defence, so they got the daft one.  Pra Group have responded dated 25th April saying they intend to proceed with claim. I have also received a stack of documents, similar to last time - print outs of old statements, but this time around they have send me a copy of the Barclay Card Conditions. Unsigned and dated. The address is an old address.  A consumer credit agreement with current address. Pages of it and no signature. I have uploaded onto a PDF what I have. The CCA agreement looks like a generic print out, I5 pages + long, I've included the 1st page that had my details on (redacted) don't know if its necessary to upload all of it.  Barclays 26042024.pdf
    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
  • 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
      • 161 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 Creditcard debt advice


alan02893
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2970 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

Hi,

 

Been struggling financially the last few months after being made redundant from my job and I am unable to make the minimum payment on my barclaycard credit card (balance 12,000) as the salary in my new position is considerably less than before.

 

I contacted barclaycard in writing as soon as i got into difficulty and arranged an alternative monthly payment of £30 per month. They reluctantly agreed to this and agreed that any interest and charges would be frozen but as the new payment was not enough the account would eventually go into default.

 

I received a default notice for this account last week and when i checked my account I noticed that they have started adding interest and missed payment charges again. I've just written to them again asking them to stop the interest and charges and am waiting on their reply.

 

I was just wanting a bit of advice on what my next steps should be. Do I just continue to pay the £30 per month and wait and see what happens? I haven't CCA'd them or sent an SAR request.

 

Any advice gratefully received.

 

kind regards

Link to post
Share on other sites

Hi Alan and sorry this was missed earlier

 

Do you have all the statements detailing all the charges they have levied, late payment, over limit, failed dd, ?

 

If not you need to send a SAR request.

 

When was the account opened?

 

Do you have the original agreement?

 

If not you will need to also send a CCA request

 

Was the account opened pre april 2007 or after?

 

All of the charges are reclaimable and the CCA request is because BC wont send it in the SAR.

 

SAR = £10 postal order

CCA = £1 postal order

 

Sign nothing

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Do you have other debts that have had to be renegotiated as well ?

 

Do you have it in writing from B/shark that they will freeze the interest and cease adding charges ?

 

Was there any Payment Protection Insurance on this card ?

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

Link to post
Share on other sites

Hi Alan,

 

Keep contact with BC in writing only, so you have proof of what's said and agreed.

 

As said above, any default charges can be reclaimed in full but, from what you've said, I assume you made minimum repayments up until the last few months. Is this right ?

 

See the letter here in our Library about getting interest and charges stopped when Financial Difficulty is involved - http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

Always adapt letters to suit your own case.

 

:-)

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 ,

 

Thanks for that. I'll send off the cca and SAR requests this week. I don't have the original agreement unfortunately. I'm sure I've had the card for over 10 years but cant remember when exactly. I would have applied for it online.

 

I only had problems from Oct 2015 as I couldn't make the minimum payment. I had never missed a payment before so there probably won't be many charges to claim back, but I guess something is better than nothing. I've had no ppi insurance either but I guess the SAR will prove that.

 

I have written proof that bc said they would stop interest.

 

Kind regards

A

Link to post
Share on other sites

SAR = 40+2 days to supply, will include copy statements and details of charges levied

 

CCA = 12 +2 days, they need this to make a court claim against you, so if they dont have it, they will be unable to comply and as long as it remains outstanding they cant take court action

 

Even if they supply it, it has to be correct.

 

Post up when something happens with either of the above requests and we can advise accordingly

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

You could write to BC again citing The Lending Code and Financial Difficulty as covered by Sections 224 - 227 of the Code (check that's right first).

 

Tell them you would like them to stop adding default charges and interest, to give you a chance to improve your position.

 

:-)

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...