Jump to content


  • Tweets

  • Posts

    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 160 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

Davies v Barclays **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6048 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

personally i would just try a little negotiation at first...its obvious that the account was settled etc...and anything that was left was an oversight.. the rules for claiming back from credit cards is more or less the same.. and you would be claiming from barclaycard not the DCA

Link to post
Share on other sites

  • Replies 176
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Trucker!

 

The problem is that the guy at BCard says he can't access my info, since it was handed over to the DCA (cheers for the abbrev!) so I guess I can't really do much until I get some statements through - best send the SAR asap!

 

Then as you say I'll follow process, but tread carefully so as not to sem bullish - hopefully having a win behind me will show my intent - and it's only a couple of hundred quid as well!

 

Cheers

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Only barclaycard can cancel the debt... in the circumstances it may be worth chatting with the DCA to see if they will pass it back to barclaycard. Also the thing to bear in mind is that the DCA may also be adding charges

Link to post
Share on other sites

ok, to stop Bank Foddr et al getting annoyed with me repeating posts (sorry BF, I know you're not as bad as that sounded!!!!) here is the thread for the above in the BCard forum:

http://www.consumeractiongroup.co.uk/forum/barclaycard/102290-bcard-davies-present.html

Have a gander and add comments there for the BCard issue I am chasing.

 

Cheers all

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Also the thing to bear in mind is that the DCA may also be adding charges

 

Thanks - I did mention that, and she said whilst it was in dispute with BCard it was on hold so no charges would be imposed - She seemed really helpful, and no doubt has started getting alot more of these types of calls through since the advent of CAG and BAG! Although once they receive the statements, I will ring and ask them to return the debt to BCard.

 

Cheers

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Hi all,

Well, now I can let you all in the secret that I was holding back from posts for a long time!

 

Basically when the court date came through it was only the Prelim hearing, but I thought I'd push them anyway, and it worked, they paid up!

 

The second thing, and this is the killer! Is that I was actually in Majorca last week (the court date was for the Friday of my holiday!) for obvious reasons, i didn't want to post this, and so just kept my fingers crossed that they would pay up before the Friday night! How close to the wire was I!

 

The money went in my account on Tuesday - I checked whilst on hols, and got my bro to phone the court and send the pre-drafteed letter to the court...they didn;t seem suprised!

 

the other good news is they paid me the £50 for having to take a days holiday for the court date! well, in theory I did have to take a day off work...!

 

Anyway, glad it's all sorted, and good luck everyone else! i will be sticking about as strangely enough, the day I got back from hol I had a letter from Barclaycard saying they have placed my account over to a debt collectors for failure of payment - I haven't used the card for over 2 years, and strangely enough I now apparently owe them over £200...well we'll see about that!

 

I feel ready for a fight, and they have given me the chance!

 

I'll post more on this in a new thread, as I will need help and advice on this - but when I spoke to the debt agency, they had my phone number, but the worng address for me, so I am thinking someone may have stolen my card when I moved from that house a couple of years back! Am just about to ring BCard to ask them for an explantion.

 

Thanks again all!

 

Power to the Peeps and all that!

 

Peter

gee,by the sound of it peter you could not lay straight in bed.lol.mind we have had good teachers in bs,see you.

Link to post
Share on other sites

cheers Tezl!

 

How is your claim coming along????

 

I can at least sleep easy now I have given my subs to CAG! Cheers CAG for this site, and hopefully my contribution will help, help others! (invcluding myself again by the looks of it!)

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

case transfered to coventry courts,rang them today for dates, was told no chance really busy dont know when judge will get around to it ring in 2 to 3 weeks to see.pd.off now.

Link to post
Share on other sites

yeah, mine took about 3 weeks after transfer, but once you get a date...yey!!!!

 

also, I think Coventry are one of the courts accepting the more forceful Allocation Questionnaires, don't hold me to that, but worth looking into them and getting ready to use them.

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

yeah, mine took about 3 weeks after transfer, but once you get a date...yey!!!!

 

also, I think Coventry are one of the courts accepting the more forceful Allocation Questionnaires, don't hold me to that, but worth looking into them and getting ready to use them.

 

Peter

dont bother if your busy peter could you exspand alittle please.

Link to post
Share on other sites

Hi tezl, no probs, have a look at this thread

It shows how to use the new AQ strategy, and how it works. Have a read - I used this, but Ashford went down the prelim route - I'm pretty sure I read somewehere that Coventry is adopting them though, if adopted, then it means the bank would have to provide quite detailed info within 14 days, which they wouldn't as it is basically then same as Standard Disclosure, which they don't want, and so settle pretty quickly!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

hi peter,how are you coping without the nervous tension,had their defence,just normal one,so must be doing something right.no aq but coventry might,just sending off updated socs to everyone,would you like some?lol. thats what it feels like i am doing.seems strange, you have gone a bit quite,darren has been restricted and poor saint,dont know how she dose it, sometimes think i get on her nerves with stupid questions.talk to you later.thanks terry.

Link to post
Share on other sites

  • 2 weeks later...

Nice one Tezl, you'll get through this just fine - you're becoming a bit of an expert now (I think most people do around this stage!!!) What's your ETA on payout then?

 

I crushed Barclays in one hand, and they tightend their grip in another - Barclaycard. So now I am having to go through this all again, but only harder this time, as they are the ones wanting to take me to court over a couple of hundred quid which they admitted on the phone is probably built up from account fees (after I paid the card off 18 months ago, they must have added a few quid on in interest which I was unaware of, and this has now come back to bite me big time!)

 

But I know I will win, I will take this £200, plus any other bits they had taken off me in the past, and interest, and wasted costs, and it will be them (again) who will lose in the long run - for me, I see it as a nice little Christmas Savings Account!

 

Anyway, enough about SkankyCard, that's for another thread!

 

Peter

 

PS COULD A MOD MOVE ME TO WON PLEASE!!!!!!!!!!!!!!!!!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Have requested your move for you Peter :)

n 1 peter, which christmas are you saving for? lol, still waiting for court date,seems people are getting different types of hearings,i chickened out of the draft orders route seemed it could rush things a bit quick for me.you still ok for e mailing me peter,if its not to much trouble about ready now.thanks,terry.

Link to post
Share on other sites

Hi all

 

I have a quick question about courts...

 

With BCard I received a letter stating that the DCA would take me to court if I didn't pay them the £200 I supposidly owe BCard, the DCA have no paperwork verifying this claim, but said they would ask BCard for my paperwork as well (are BCard allowed to do that???) - if I decided I wanted to let them take me to court, could I argue the case that BCard have offered no proof of this debt, and want them to provide each...basically using their own defence against our standard claims back at them? Once I did this, it would be up to them to prove every charge against me, which in theory would mean they would need to prove that each charge was justified? In my defence I could ask for standard disclosure as a way of them justifying the claim.

 

The problem I am thinking of, is that BCard seem to be the real Schitts of the banking world at the moment, and it seems it could take up to 6 months to even recieve my statements, let alone win the case!

 

I would be really interested in anyones opinions on this, or just random thoughts!

 

Peter

 

ps - Tezl, I will PM you when I get some stuff together. Don't worry, you are still a couple of months off needing anything!

 

Peter

 

Any opinions pls?

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Thanks, that's what I thought!

 

when I spoke to them on the phone, they said they just had the debt handed over to them, and knew nothing about the details. Although she said she would ask as it seemed silly that I was being charged for a debt I didn't have!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Ok, this is now what I am thinking - I write to BCard using the same sort of letter that Barclays send to me stating, that I do not agree with the amount they are asking for, and that I demand proof of each and every penny of the £200. I then add, that as a gesture of goodwill on my part, and to prevent further action being taken, I will pay them immediately upon request, the sum total of £5 which would cover any outstanding balance left on my account, and this would be full and final settlement of this claim. That I will not increase this offer at all, and am sorry that they have found fault with our relationship, and that upon settlement of this dispute by the above method and amount, that we should terminate our financial relationship together as both customer and provider now possess a distinct lack of trust between one another.

 

What do you think of that as a great way to push Barclays Lit team??

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

hi guys and gals,

 

I have had another letter from the DCA over the £200 BCard are claiming I owe them. As of yet, I have not received (or really expect to receive) any clarification of what this debt is made up from. I am proposing to send a letter to BCard with the below:

 

Dear sir,

 

I spoke to one of your representatives on Monday 2 July regarding the claim of £204.43. During this conversation I outlined the following points, which I am now addressing to you in writing for your consideration:

 

  • Prior to the phone call from one of your representatives on 22 June 2007, I had no prior knowledge or communication, either from yourselves or Barclaycard, that a negative balance had built up on my card
  • The card had been paid off over a year before, and has neither been used, or renewed since April 2006
  • I spoke to Barclaycard to ask for statements which showed how this amount had been accrued, to which I was told by them that ‘they couldn’t access records that showed either a credit or debit since May 2006’, when I paid £20 in as last payment
  • Speaking to your representative on the phone, I asked if your company had details of how this claim had been made up, and was told you also had no information.
  • Your representative said she would ask Barclaycard for this information, and forward me a copy also. At the same time I also asked Barclaycard for the information, which I have done through a Subject Access Request. This allows Barclaycard 40 days to respond, meaning I should have the information on or before Monday 20 August 2007.
  • Once I have received this information I will be able to judge if the account was indeed in a negative balance, how this was formed, and more importantly whether I have been subject to an identity theft situation, which I believe may be the case.

I ask that as neither yourselves or Barclaycard are at this point in time willing or able to provide information which proves the amount in dispute; that as allowed under the Data Protection Act, I have requested this data to be sent direct to myself from Barclaycard; that until this is resolved I consider my account with Barclaycard to be under dispute and therefore not liable to court or legal proceedings, that you return this claim to Barclaycard, stating that you are now unable to continue with this claim, on their behalf, until the above points have been resolved.

 

I will forward a copy of this letter through to the Barclaycard litigation team, so they are aware of this communication, and would ask you to accept this as notification of my proposal as per your letter dated 17 July 2007.

 

I would also like to state that I am fully aware that you are acting on information provided to you by your client, and have done so in a professional and considerate manner, and that my complaint and questions are with Barclaycard and not yourselves.

 

I would be happy to discuss this letter, and it’s contents with you over the phone at any time, and would request that an acknowledgement of this letter be sent to myself at the earliest possible opportunity.

 

Yours faithfully

 

 

 

PJDavies2000

 

 

 

 

Any thoughts on this anyone? I really want to get this out today, as postal strikes are coming again!!!

 

 

 

I know it's only a couple of hundred quid, and I could pay it and claim the lot back from BCard, but I am so annoyed at this, that I feel I would be letting myself down if I didn't at least try and pursue this properly.

 

 

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

Hi everyone, im a newbie:) , hoping to win against barclays.£2175 claimed inc interest. i started out in april this year, they did however offer me some of the money back but was £800 short , so thought id hold out for the full amount, not too sure it was a good idea now as got on moneyclaim earlier to find they put in a defence today:mad: was hoping they would miss deadline, but seems im off to court soon, i will be looking at all the info i can on this site so i can sort out my court bundle and prepare myself for attending court. My mum is off to cout tomorrow against the alliance & leicester, hopefully they wont turn up :confused: and she will win by default. If any of you want to offer your advise it will be much appreiciated:D

Link to post
Share on other sites

Guys and Gals,

 

Good news!

 

The Debt Collection Agency have returned the claim back to BCard after I sent them a CCA order, which they obviously could not fulfil!

 

Another small success!

 

I am now claiming £280 from BCard, and looking forward to having an (unknown) default removed in the near future!

 

Chins up guys and gals!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...