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Breach of debtor protection rights


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Hi, I am new to this so bear with me, I am seeking advice on an issue I am having with Barclaycard. Basicaly after being continually harassed at home (with lots of abandoned calls, the ones where you dial 1471 and caller has withold the number and eventually followed by a Barclaycard call). I was rang in work, as I am not supposed to receive personal calls in work I explained to the barclays man I couldn't take his call, he was really rude and persistant so I ended up having to hang up on him. I was so embarassed everyone around could hear my conversation, and I left to go to the loo and calm down. Meanwhile this guy rang back and asked to speak too me after being told I wasn't available he said it was ok if they could pass the message on that " Barclaycard would be taking Legal action if I didn't return the call." I was mortified when I got the message.The person who gave me the message was also embarrased.

I got home and rang Barclaycard who said they had no record of anyone ringing me for over a fortnight. I wrote to barclaycard and complained. Meanwhile taking out a loan I could ill afford to get them of my back, over a 1000.00 Barclaycard wrote back apologized and as an "offer of goodwill" offered to pay of the remaining 38.35 left on my account. I wrote in again and said I didnt feel it was sufficient for the distress caused and they rang me and offered me 100.00. I still think this is a paltry sum for what they have put me through, now everyone at my work knows I have been experiencing financial difficulties. Not sure what to do next. And to top it all Iv'e had the bill this morning for the 38.35 plus arrears of 10.00 pounds.

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Does your work place keep records of calls?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Even though the call was not recorded by your work place - you do have witnesses.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yes, But Barclaycard are not disputing this man rang me. They have apologized verbally.

 

Which is also in your favour.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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So the thing is, I dont know whether 100.00 compensation is Ok for the embarassment caused because they did breach the debtors protection rights by threateninglegal action to me through a third party. So I am not surewhat to do next.

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So the thing is, I dont know whether 100.00 compensation is Ok for the embarassment caused because they did breach the debtors protection rights by threateninglegal action to me through a third party. So I am not surewhat to do next.

 

I would push for £300 compensation, and say you were very distressed and intend to bring a complaint to the Financial Ombudsman Service (which would cost them £400). But i like living on the edge.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I have already threatened them with the financial ombudsman. Maybe I should just go directly to them now

 

i would make sure that it looks like you've tried to settle amicably, that will give you more influence when it reaches the F.O.S.

 

you need to write a letter of complaint before F.O.S. will look at it with a reasonable time for them to rectify the problems.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I have written a letter of complaint to Barclaycard., and they have offered me 100.00, so would it be better to go back to Barclaycard who I have already threatened with the F.O.S or straight ot F.O.S

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Still go back to barclaycard, say £100 is not enough to cover your extreme distress at the damage to your reputation that this illegitimate disclosure has caused, and that your complaint also includes the tort of interfering with a contract, since you are contractually obliged to work at all times except your break times during normal working hours. £300 would be, however.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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