Jump to content


  • Tweets

  • Posts

    • So sorry it's took me a few weeks to respond back to you. Thank you so much for your response. My grandfather is clear about the pension deductions on his pay slips.  As I mention before all these went missing in the burgarly. We have tried Willis Tower Watson but they were not to helpful. I am stuck what we can try next. Thank you again.     
    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
  • 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


Duffers Mum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5655 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

Shane, I think our postmaster is pleasantly surprised as I'm sure we are the only people in our village who don't have six toes! It must make a nice change for him to be able to have a proper conversation occasionally :D

 

I have visions of Mercers sending around one of their so called local collectors asking the neighbours about us and all they'd get is blank looks and they'd probably think they were in the same place as that "Deliverence" film! I kid you not, we are thinking of taking banjo lessons so we might fit in with the locals ;)

Link to post
Share on other sites

  • Replies 259
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Tiglet, noooo, I can't say what its called for fear of repercussions by the locals (if they can read that is!) but its in the west country and is well known in the neighbouring areas as having lots of "in bred" folk with extra digits :D

 

However, despite that, we love living here, and after 18 months one or two have even managed to speak to us. My husband is in the habit though of saying, oh he/she has got six toes whenever we drive through the village and spot some of the locals!

Link to post
Share on other sites

Ah yes, tis village life for you! Never a dull moment. Am hopeful that said nice friendly debt collector man will be put off from visiting....not! I'm looking forward to him arriving, but not as much as the dog is :D he's partial to strangers, especially shifty looking characters. I bought chocolate biscuits in anticipation of said visit, but unfortunately we have demolished the whole packet this evening, so he will have to make do with bread and dripping :)

Link to post
Share on other sites

I have received yet another letter from B/C today, stating that "on closer examination the copy agreement document sent to you in our letter of ?? I can confirm that it is not the document that should have been forwarded and for this I apologise for the error on this occasion, I now enclose a copy of the original document sent to you when your account was originally opened...blah blah blah". I thought they had forwarded me the actual agreement, but no, its set of terms and conditions number 6! which admittedly are different from the other 5 sets in that they've got a cancellation from for me to complete and return if I wish to cancel this agreement. However once again they are on a separate sheet of paper.

 

As they have admitted a cock up they have credit my account with £300 which represents interest, late payments and over the credit limit charges for the months of Sept-Nov 07 which will show on my next statement, they have also amended my credit files.

 

They thank me for bringing the matter to their attention. Must admit its very good of me to do their job for them seeing as they and their DCA muppets are harrassing me at the same time! (the latest blue envelope and card from Mercers was dated the same date as this letter).

 

There is also no date on these T&C's it is conveniently obscured somewhat.

 

So does that change anything, an application form which clearly states its an application and 6 sets of T&C's which don't show a credit limit merely a clause stating from time to time we will work out your credit limit and tell you what it is.

 

I am definately going to write back to them to state its all very well apologising but why were muppets Mercers instructed to chase when they hadn't even got their paperwork in order, I need to know whether I advise them they have still not complied.

 

Any advice on this latest development? :)

Link to post
Share on other sites

The latest set show £15 which I think is right for the time the account was opened (from reading on other's threads), although saying that one of the other sets they sent has the charges as being £15 as well. Its all very confusing. They copy they have sent says Barclaycard Terms & Conditions, regulated by the CCA 1974, "This is a copy of your agreement for your to keep. It includes a notice about cancellation rights which you should read" So any idea where I stand now? Am pleased about the refund of charges and interest though I must admit! :) Must also remember that I'm not looking for a way out of paying this debt, just need some time to sort myself out, I just wish Barclaycard could understand that!

Link to post
Share on other sites

All - Thanks for your replies, you lot really are the best!

 

Shane I will wait for your suggestions before compiling my letter to them, I will of course be asking them why they had the audacity to pass my account to Mercers without even checking the proper documentation had been sent and I expect a full grovelling apology for this and a promise that Mercers will be disinstructed immediately and that Barclaycard and them alone should deal with my account.

 

They of course will state that the application form and 6 sets of T&C's comply with the CCA request. I disagree. I am awaiting a reply to another letter I sent to them last week, the problem I have is that there are about 3/4 different people/depts dealing with this account. I think I'll address future correspondence to her with the fancy title (but no idea what she's on about)!! and state that she and she alone corresponds with me. Her letter finishes with the line that she trusts that the matter has been resolved to my satisfaction...ummmmm it most certainly has not. I guess it is really difficult for me to prove that its not a document which complies, but I think I just have to call their bluff on this one because they are obviously banking on me not actually knowing whether it does or not.

 

I have the financial ombudsman's details, what is the best way to proceed, should I write them in the first instance?

 

B/C have had since July to comply with my request, they've passed it to the muppets, sent me god knows how many sets of T&C's and an application form, I've written I don't know how many letters to them and still they continued to threaten and add charges (admittedly now refunded but distressing for all these months nonethesame) its about time things were taken to the next level.

 

I'll await Shane's suggestions later before putting a letter together.

 

Once again, I don't know what I'd have done without the CAG and the great people here. :)

Link to post
Share on other sites

I just want to clarify something, which has probably been mentioned loads of times on this site but I can't find it! My application form (which Barclaycard says doubles as an agreement) has been sent to me by Barclaycard along with T&C's (x 6!) when people mention that the everything needs to be on one document, does that mean that when I applied for this card the T&C's should have been printed on the back of the application form when I signed it? If that is the case would I be right in thinking they would normally only be on one page? My reason for asking is that all the T&C's B/C have sent me have been photocopied and are on 2 pages back to back, which by my reckoning means they would have been on more than one page. Also I can't remember whether I applied for this card on line, would that make a difference? Sorry to be asking so many questions but I really need to get everything straight in my head, its all still such a muddle! :)

Link to post
Share on other sites

No I haven't got round to it yet, however I have at last received a response from TS who state that are in communcation with Barclaycard but that B/C still insist they have complied with everything. I also received a letter today from the Assistant to the Director (another posh title) in connection with my complaint, which states

 

"as far as we are concerend we have met our obligation blah blah blah...At the time you applied for your credit card the executed agreement was incorporated into the application, you signed a credit agreement in the prescribed form which embodied the full T&C's of your credit agreement in accordance with the terms blah blah blah.

 

Teh prescribed financial information together with the full T&C's of your agreement were set out on the reverse or otherwise incorporated into the application form and were specifically referred to in the credit agreement section which contains your signature blah blah blah.

 

the Bank consider the outstanding debt on your above account for which you have the benefit of credit by contractual consent, to be enforceable"

 

The letter is headed Final Response.

 

So are they right?

 

I am going to copy everything and send it to TS and see what they come back with.

 

I would be interested in what others have to say about this? :)

 

PS: Nothing in their letter apologising for sending everything to Mercers and them sending a Default Notice when B/C were actually in default because they admit they sent the wrong paperwork out! I have also advised TS of this!

Link to post
Share on other sites

PT thanks for your input, i've copied everything to send to them, i've also blanked out stuff on a copy of the application form now so will try and get DH to put that on here later for the good people of CAG to have a look at and hopefully advise me. I have a feeling B/C might be right for once, however doesn't change the fact they passed to Mercers, issued Default Notice etc all whilst they had sent me the wrong documentation and for that alone they need pulling up! :)

Link to post
Share on other sites

I've got everything ready now and will send to TS in Northampton tomorrow, they are particularly interested in the letter I received from B/C admitting they cocked up :) TS stated in their email to me "With regard to the provision of a copy agreement made in response to a request under section 78 of the Consumer Credit Act 1974 Barclaycard claim that the copy agreements sent out by them comply with Section 78 by virtue of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which permitts certain information to be ommitted from copies of agreements when provided in copy form. This issue is still currently under discussion with Barclaycard. "

 

What is my position whilst TS are investigating, is it still classed as being in dispute? Also should I write to B/C complaining (again) that they have admitted they cocked up but where is my full apology for instructing Mercers when they shouldn't have and issuing a default notice when they should have and also stating the account is still in dispute whilst TS investigate. B/C are obviously aware of TS involvement as per comments above. Any advice gratefully received :)

Link to post
Share on other sites

Hi Shane and thanks for your comments (don't you ever sleep! :) )I must admit I am very confused by everything, have a blank copy of my application form and just waiting for DH to scan that and the most recent T&C's (which look identical to the first set they sent only a cancellation box has mysteriously appeared on it now) which is undated so difficult to prove when it was actually produced.

 

Am sending the documents which TS have asked for today recorded delivery so they should get those hopefully on Monday. Do I need to write to B/C in the meantime telling them account is still in dispute and charges and interest should not be added and also that Mercers should be told to back off? Thanks :)

Link to post
Share on other sites

Hi Shane - Excellent that will save me popping off to see my friend in the post office won't it!

 

Sainsbury's keeping to their word about giving me 3 weeks grace whilst they investigate, I'll probably report them to TS once they start hassling me again.

 

Thanks for all your help/advice :)

Link to post
Share on other sites

Sadly can't afford to buy the Banjo at the moment :D but I could probably borrow one off someone in the village. I should add of course that our immediate neighbours are fine and don't have extra digits (you never know who reads this site!) :)

Link to post
Share on other sites

  • 2 weeks later...

I have now received confirmation from TS that they have received all my paperwork, and hopefully they will take a look and let me know what they think shortly.

 

Must admit all has gone very quiet from both B/C and Mercers since TS became involved (long may it last I say!), what would be the likely outcome if TS say B/C have not complied. Are they likely to continue chasing me? :)

Link to post
Share on other sites

Hi Red - Yes it has gone very quiet since the intervention of TS, which is a good thing. It will certainly be interesting to see what they come back with , I'm sure they won't be too pleased with B/C sending out 5 or 6 different sets of T&C's, I'm waiting to see if B/C stop interest and charges now TS are involved. I somehow don't think they will, but one can live in hope.

 

Under Siege - welcome! All us badly treated Barclaycard customers need to stick together.

 

:)

Link to post
Share on other sites

Patma - I'm sure all these companies get really cross that consumers are fighting back. I am still waiting to hear back from TS in Northampton to see what they have to say about what B/C have sent me. Its all very quiet at the moment, and long may it last. TS are obviously in communcation with B/C, i'll be very interested to see what they come back with (hoping I'm right and its not an enforceable agreement they've sent!) Good luck :)

Link to post
Share on other sites

I received my statement today and as promised the refund of charges and interest are showing, however they are still adding interest and charges from the date of that refund. I'm not receiving any correspondence from either B/C or Mercers at the present time, no doubt because of the involvement of TS, and long may it last I say :D should I email trading standards and advise them that B/C are still adding interest and charges even though the account is in dispute (another nail in their coffin hopefully!) :)

Link to post
Share on other sites

I have emailed TS today to advise them that B/C are still adding interest and fees. Still enjoying hearing nothing from B/C or Mercers, TS can take as long as they want if it means I get respite from continual letters etc. Very interesting that Mercers have gone quiet too, as I thought they would continue with their bullying irrespective of TS involvement. I wonder what this means!

 

If this continues DH's payout should be through and I can offer some of the other creditors F&F settlements, wonder in this credit crunch time though whether they are likely to accept. I should then hopefully be able to start minimum payments again to B/C provided, of course, that they can produce the proper paperwork, else they'll be getting nowt, nothing, not a penny nor a sausage :D

Link to post
Share on other sites

  • 2 weeks later...

Well here we all are, almost at the end of 2007, I'll personally be glad to see the back of this year! I've heard nothing at all from Barclaycard and Mercers have stayed strangely quiet too, reporting Barclaycard to Trading Standards has obviously done the trick - its made Christmas that little bit more enjoyable.

 

I wish all CAGers a good 2008 and hope that together we can put these bullies in their rightful place! :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...