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    • Good afternoon   Please find below the Microsoft Teams link for your hearing listed at the Weymouth Combined Court, 18th May 2022 at 2:30pm.   To join the hearing, hover your cursor over the link below, press the control (ctrl) button on your keyboard and click the left-hand button on your mouse.   Microsoft Teams Link:   Click here to join the meeting     Kind regards   Miss Caroline Marshall   Tribunal Clerk, CVP Administrator, Digital Support Officer, CFT Administration Officer   Weymouth Combined Court | HMCTS | The Law Courts, Westwey Road | Weymouth | DT4 8BS Phone: 01305 752516 Mobile: 07889 410444   gov.uk/hmcts  
    • put the email up this doesn't seem correct to me.   dx  
    • I usually clear my credit card balance by direct debit each month.  On 23rd December I bought some wine which I hopped would be added to my January statement for payment in February.  Unfortunately, I miss calculated and the wine was charged on my December statement for payment in January.  I made three payments in January which were not enough to pay the full amount.  I was left with a negative balance of £272.60.  I also made a purchase of one item which added £7.50 to the balance.  Since I had reinstated my direct debit payment in time for my February payment, the full balance was cleared on 18th February.  By my calculation, the £272.60 was in deficit for 57 days and the £7.50 for 30 days. I have been given the daily compound interest rate of 0.0407814%.  My calculation is the interest due on the £272.60 for 57 days is (1+0.000407814)57-1 or (2.3513%) multiplied by the debt = £6.41.  The same calculation for the £7.50 is (1+0.000407814)30 -1 or (1.2307%) multiplied by the debt = £0.09.  I have calculated the days by taking the purchase date from the repayment date of the 18th February 2022.  This totals £6.50, but my bank has calculated the interest at £15.64 in January and a further £2.46 in February.  I have asked how bank calculates interest but none of the employees at the bank know.  Apparently, its too complicated and no employees who deal with customers can provide the answer.  My question cannot be escalated to someone who can explain what is wrong with my calculation.  Apparently, the computer works it out and that is all that matters (to the bank). I did calculate the daily rate at 0.040435% on the basis that it is 15.9% annually.  I used the formula (1+0.00040435)365-1 to confirm an annual rate of 15.9%.  The same formula using bank’s calculation produces an annual rate of 16.04%.  My calculations may not be perfect but the bank interest calculation is nearly 2.8 times mine.   What is wrong with my calculation?
    • Hi Caggers,   Heart in mouth moment! Just got an email through for a teams meeting tomorrow for a hearing at the combined courts....   With regards to the thread of this post last year in April i did the mediation which didn't work out as expected and then all went quiet on the western front.   I moved house about 6 months ago and i updated all of my creditors but didn't think like an absolute imbecile to do the same for the court.    I haven't prepared a witness statement, nothing! If this email hadn't of come through i wouldn't of had a clue this hearing was even due to take place. I feel like a right numpty!   Is there anything at all i can do at this point?
    • I am guessing at a link to PPI as HMRC won't send my anything pertaining to the investigation in writing although I've asked for it. This matter is already supposed to have been investigated by HMRC so this is all post investigation and I've been told to cash both cheques on the phone today.   I recieved two tax calculations form HMRC both saying the tax repayment was from Savings Income, the amount on both these calculations is actually slightly different to the amounts on the corrosponding cheques, just a few pounds out. As you can no doubt tell I did not recieve a huge amount of savings income / or interest from my savings more like £2 as opposed to £2500!   The only thing it could be is PPI, if it isn't that then it must be an error. However HMRC have already investigated this and the outcome is that the money is mine? Why would they make another error like this after investigation? Are HMRC that incompetent? Was the call handler who was taking my call and put me on hold to look at my case just too lazy / busy to actually check? I feel like they are putting me in a bad position by not properly explaining the outcome of the investigation by sending a letter. Obviously I don't want to take or spend money I'm not entitled to but at the same time don't want to not get it if it is due to me.   @Ethel Street , I have not cashed either cheque yet so probably would have to request a replacement for the November Cheque now.
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Statute Bar thwarted by B/C and Robinson Way


Napoleonj
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Hi Slick,

 

Roughly £4500, with these charges. I was hoping someome would look at the agreement sent from Westcot, posted above, but no reply from anyone yet. Guess I'd better repost it .

 

Jane.

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Hi NapJ,

 

Hmmm, the charges and interest will have little impact in reducing the a/c balance.

 

The Application form you've posted above is not an enforceable credit agreement. But all that means is BC would maybe not be able to get the debt enforced by and get a CCJ against you. However, BC rarely take cases to court and will pass you from Mercers to Calders and beyond, each DCA taking their time to extract payments from you.

 

The response to your CCA request is adequate to enable them to continue to pursue for payments.

 

It may be sensible to do an Income and Expenditure Planner to see what you can afford to pay each month. You can offer this or, better still, get an intermediary to negotiate a monthly amount. If you keep to the repayments, the harassment should cease.

 

http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

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  • 2 months later...

B/Card have just taken money from my account

- I only have my pension and pension credits.

 

I didn't recognise the payment on my a/c, so queried it and was eventually passed to B/Card.

 

I explained to them that I have never received a CCA and

 

the v nice lady informed me that you don't have one with a credit card.

 

If this is the case, then how can they ever pursue anyone for money owed?

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ofcourse you have a CCA with a credit card!!!!!!!!!! by LAW

 

phone them back and demand the money is returned

 

so you bANK with barclays too?

 

then its notice of appropriation letter time then

 

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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dx

Yes I still bank with Barclays, as there's no public transport or shop here, I needed a bank access at the post office.

 

I've tried to open an account online at other banks but have not been successful as I need to have one with DD facility and cheque book for some transactions.

 

As soon as I told the woman that they shouldn't take money from my pension,

 

she said she'd arrange for it to be refunded and apparently Westcot are no longer dealing with my account.

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ok well letes hope this happens

 

if not fire off the letter

 

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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  • 1 month later...

you really should have done this last week or before

 

please do not trust any bank or dca's word

 

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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Make an immediate complaint to Barclays London HQ addressed to a senior executive. Get the name from Barclays website.

 

Keep the complaint brief and enclose a copy of any earlier Letter of Appropriation.

 

:-)

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Thanks !:-)

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  • 1 month later...

Have you complained to Barclays HQ about this episode or the earlier one.

 

What happened about the complaint that you were going to send at the start of December.

 

Acting quickly is the route to success with this situation. If BC have left you badly short for the month, you could also make an urgent complaint to the FOS who have been of some use in similar instances.

 

According to them, they can do as they please as I owe them money.
Did they say this in writing or by phone and were these their exact words ?

 

I'm also looking at an alternative course of action. Something a bit more radical, if you're up for it. I'll come back about this in the next day or two.

 

:-)

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Hi NapJ,

 

I said above, I've sought some advice with a view to taking more radical action to see if we can get BC to be held accountable for their actions. They have no right to take your pension and fuel allowance, especially after you've sent the Letter of Appropriation.

 

Can you please confirm if you have any savings or assets which would prevent you from being seen and treated as pensioners with limited income and resources.

 

Barclays have a duty to treat you fairly as a current a/c holder. See here - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=22&a=228

 

BC have a duty to treat you fairly as well. See here - http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

It will help you prepare your complaint if you set out a brief chronological history of relevant events on your bank a/c and your CCard a/c.

 

Can you prepare this asap for us asap.

 

Finally, with regards to default charges on the CCard a/c, you can reclaim default charges in full, plus interest. But you cannot reclaim the interest charged on the a/c. Please confirm if there are, in fact, any default charges on the a/c which you can reclaim.

 

:-)

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  • 2 years later...

MKDP informed me in February last year they had "bought the interest in my B/C account, including the outstanding balance".

 

I asked for a copy of the CCA which to date they have been unable to supply.

 

Lo and behold, today I received a letter from B/C enclosing yet another copyof the T and Cs.

 

They say in their letter they have enclosed a "reconstituted copy of your credit agreement", but it just includes Conditions and cancellation form.

 

I've lost count of the number of times this has been passed on from one company to another. Surely B/C now have no right to the money.

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if its been sold

 

its nowt to do with BC anymore

 

is this on your credit file?

 

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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Don't know and don't really care, I'm too old to need credit any more, just pay for things with cash or debit card. I had nothing against me when I opened a new bank account 18 months ago.

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thread merged with existing one for the 5th time

 

please keep to one thread per debt

 

what is the defaulted date from your credit file

 

and when was YOUR last payment & usage.

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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ok so no chance of SB then....

 

I notice you've had the application form returned before

 

you need to be careful here

 

MKDP will issue a claim without a thought.

 

you say you have sent MKDP a CCA request already?

 

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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then you should be safe.

 

I still suggest getting your CRA file

 

noddle below is free

 

that should give you the owner and the defaulted date.

 

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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good so defaulted date is about right

 

if you wish

 

you could nail your colours to your flagpole

and send MKDP the failure to comply letter.

 

which. if they were to do court

would look very bad for them.

 

upto you.

 

but whatever you do

 

DONT ignore a claimform...if it comes

 

the rest you can

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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  • 1 year later...

banks don't do that

 

 

or use a blank PO as the SAR thread advises

 

 

but anyhow an SAR is a legal document so you must sign that anyway.

 

 

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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