Debt Star vs Sharklaycard

[The Debt Star]

Re: Debt Star vs Sharklaycard

Hey Mike. Yes, I think you are right. We seem to have caught a low tide in consumer rights. Hopefully things will improve in the future. What angers me is that I have always paid my creditors and acknowledge the fact that I borrowed money and haver to repay it. What grates is that when they do something wrong, mis-sell or over charge etc, and don't follow the guidelines, they get away with it and screw us over. Its one rule for them, another for the consumer. The man at the FOS admitted that his hands were tied by pro-banking case law.

[middenmess]

Re: Debt Star vs Sharklaycard

ok, so the CRAs are no use and it seems the FOS are similar. Have taken a call from the FOS now and they tell me
1. forget penalty charges claim. case law has closed down that loophole and even if barcrap did charge me 20 a pop over the past 6 years that would be reasonable. Something to do with a case called McGossick?? So FOS won't press that part of the dispute

Read more at: Debt Star vs Sharklaycard - Page 2 - Legal Beagles Consumer Forum

WTF?

[The Debt Star]

Re: Debt Star vs Sharklaycard

WTF?

thats what they said, verbatim

[middenmess]

Re: Debt Star vs Sharklaycard

An unlawful charge is a loophole???

Cobblers.

McGossick??

Did his befuddled mind mean 'McGuffick'? which had naff all to do with unlawful charges AFAIK

McGuffick v Royal Bank of Scotla

Have BC refused to refund your late charges?

[The Debt Star]

Re: Debt Star vs Sharklaycard

Hi. BC have not acknowledged the claim for late charges at all. They have just ignored my letters. Hence my complaint to the FOS!

[Amethyst]

Re: Debt Star vs Sharklaycard

Only case law I know of is Brandon v Amex on Penalty Charges, Mcguffick didnt have charges it it was simply enforcement and sec 77. McGossick have never heard of and google only brings up this thread lol.

I think there was another which decided on liquidated damages too..see if I can find it.

[The Debt Star]

Re: Debt Star vs Sharklaycard

looks like i may be appealing the outcome of this to one of the financial ombudsmen as the adjudicator has it all wrong. it would be very helpful to get a definitive response to the adjudicator though while his file is still open. just so i'm sure, are consumers still allowed to claim "unlawful charges" and is claiming back penalty charges of £20 going back X years still possible?

[Amethyst]

Re: Debt Star vs Sharklaycard

Teasdale - " The claim for the return of late payment charges would not have succeeded because there was no enforceable OFT decision about a £12 maximum, and in any event, by discontinuing, Mr Atkinson abandoned this separate head of claim which had nothing to so with s 61."

[The Debt Star]

Re: Debt Star vs Sharklaycard

Right, so the FOS are talking out of their jackson? I can press Barclaycard for a claim for penalty charges?

[Caspar]

Re: Debt Star vs Sharklaycard

Just a quicky thought from me. They have said they do not recognise the dispute. You dispute it! Are they allowed not to recognise your dispute? It would seem rather strange. A bit like going into a shop to return something that is faulty and the shop saying, "Sorry I don't accept it is faulty!"

I haven't read your letter, but would certainly mention that it is in dispute and you don't recognise their refusal to recognise it as being in dispute.

Have you done your IE sheet - I've just read through the thread and don't remember seeing it.

Hopefully someone in the know will answer the issue of whether they can legally not recognise your dispute. Also as a final point, I'm with Amethyst that they can now supply a reconstructed agreement. I think the bit about having to still provide an original agreement is more to do with you being able to compare original and current where they have exercised their power to change things.

[Amethyst]

Re: Debt Star vs Sharklaycard

FOS tend to stick with the oft £12 job, its only really court action can go further than that if they don't give in prior, as the nature of the claim is that the bank need to show the charges are reasonable, so other than the over £12 charges I don't think you'll get anywhere with FOS without a massive element of financial hardship.

[Amethyst]

Re: Debt Star vs Sharklaycard

I reckon the FOS man just got his issues muddled you know babe,

This response received from EXPERIAN regarding their continued processing of Barclays' data despite the clear dispute is as follows.

thats prob where they meant to mention Mcguffick

[The Debt Star]

Re: Debt Star vs Sharklaycard

Hi.

Casper: Yes I have told BC I dispute the account and I have sent them an IE and a claim for the charges. BC haven't even sent me a reconstructed agreement.

Ame: Most of the charges are for £20 not £12 but the FOS man "he say no", £20 is okay according to him and he basically just said "tough luck". He then went on to say that the charges claim was dead in the water, the missing CCA issue was dead in the water and that the best I could hope was something for "stress and inconvenience." I had adapted the Tools v B'card letter of claim when I contacted BC but they have refused to acknowledge it at all

when I get his letter I will respond more proactively than on the phone and if you guys can help me with that letter (?) it wouild be very much appreciated

DS

[middenmess]

Re: Debt Star vs Sharklaycard

If you felt so inclined you could send BC a LBA together with your schedule of charges and give them 14 days to cough up.

If no response then issue an N1--if they allow it to proceed to court, it will the first time ever AFAIK.

[The Debt Star]

Re: Debt Star vs Sharklaycard

I attach what BC claim is the CCA. It clearly says "This is a Credit Agreenment regulated by the CCA 1974 sign it only if you want to be legally bound by its terms." It was signed by me.

http://i822.photobucket.com/albums/z...1/05dd1a18.jpg

However, it is clearly an application form and my questions are:

1. Does it contain the prescribed terms?

2. Does the fact that this copy illegible make a difference?

3. Is it enforceable based on this agreement?

I also received the ToB but these are also illegible.

http://i822.photobucket.com/albums/z...1/fef4e0ab.jpg
http://i822.photobucket.com/albums/z...1/105e3522.jpg

Where do I stand on BC trying to get a CCJ on this one?