calamity jane v Barclaycard

[calamity jane]

I've issued a claim for unlawful charges on behalf of o/h (not well enough to do this himself)
Issue date was 18th October deemed served on the 25th. Barclaycard acknowledged on the 5th November giving them until thursday to submit their defence.
The problem is despite advising their collections department (Mercers) by phone and a letter (dated 29th October) that this account is in dispute we have today received another letter from mercers dated 9th Nov stating that if we don't come to an agreement within 14 days a local debt collection agency may be asked to call upon us.
I know this is only scare tactics they are using but who do I complain to.

[iancognito]

Re: calamity jane v Barclaycard

Is the amount of charges higher than the debt? if not you would be better off resuming payments on the account. If the charges will write off the debt completely then have a read of this:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Complain to Mercers that they are in breach of the OFT guidelines and copy in Barclaycard.

[calamity jane]

Re: calamity jane v Barclaycard

The claim is approx £330 more than debt. I wrote to them on the 29th advising that the account was in dispute but omitted to advise them that they were in breach of the OFT guidelines. I'll send them And Barclaycard another letter today.

[thephoenix]

Re: calamity jane v Barclaycard

Hi Calamity Jane

Not just OFT guidelines, the original creditors are not adhering to the FSA Handbook or THE BANKING CODE

FSA Hand book

http://fsahandbook.info/FSA/html/handbook/PRIN/2/1

in particular HIGH LEVEL STANDARDS & THE PRINCIPLES and Redress.

Banking Code

[Amy]

Re: calamity jane v Barclaycard

Jane, Mercers are a pushover. They are Barclaycard's in-house debt collectors. Write to Barclaycard and demand that they recall the debt straightaway from Mercers and then write to Mercers again including a copy of your letter to Barclaycard.

[calamity jane]

Re: calamity jane v Barclaycard

Checked with court today Barclaycard haven't submitted a defence. So have just posted request for judgement.
Also have been waiting since 9th may for transcripts and recordings of telephone conversations. I made an official complaint to ICO on 7th October. I wrote to Barclaycard again on 29th October stating that as they seemed unable to provide the information requested that a copy of my husband account file which (I've been told) should show dates of all phone calls made by themselves and mercers.
Today received letter from Barclaycard saying thank you for contacting them and how sorry they are that I am dissatisfied as the provision of a high level of service is very important to them and that they aim to resolve the matter by 17th December.
Copy being sent to ICO together with letter saying not acceptable to wait that long.

[calamity jane]

Re: calamity jane v Barclaycard

Barclaycard have submitted a defence. .Now have to complete allocation questionnaire by 14th Dec.

[Amy]

Re: calamity jane v Barclaycard

This is good news. It means they haven't forgotten you.

[thephoenix]

Re: calamity jane v Barclaycard

did you manage to chase up those transcripts and other info you requested from Barclaycard????

or are they perverting the course of justice!!!!! :shush:

[calamity jane]

Re: calamity jane v Barclaycard

Not yet was waiting to see whether they submitted defence. The thing is I rang the court on friday and they said defence hadn't been filed so I sent off for judgement. Their defence as far as I can make out was faxed to the court on the the 14th. I suppose it was sitting on someones desk

[thephoenix]

Re: calamity jane v Barclaycard

yeah probably :roll:


the thing is, the information you requested was made 4 or 5 months ago.
You now have 2 weeks to get it :shush:

Sorry.... but with out reading most of the post again (soz CJ) what do you believe is within the information your waiting on? is it a major part of the claim?

Did you send those letter off the mercers and barclays as Amy suggested??

If so, wot did you get back from mercers??

[calamity jane]

Re: calamity jane v Barclaycard

Sorry for the confusion the info I'm waiting for isn't to do with the unlawful charges it's to do with the harrasement which included amongst other things 13 odd phone calls over a 2 week period in May.

[calamity jane]

Re: calamity jane v Barclaycard

Just had a phone call from Barclaycard wanting to know if prepared to settle out of court. Prepared to pay charges plus 8% court interest but no contractual interest. This amounts to about £15 over the amount left on the card.
Not sure what to do .If we don't accept, the courts decision might go against us and is contractual interest claimable anyway?

[enaid]

Re: calamity jane v Barclaycard

I am not a fan of CI and some one will probably shoot me down.
It is entirely up to the judge if the CI is paid, we know though that you won't get that far.
So your decision I'm afraid take it or hold out with no guarantee, just my opinion though.
Wait and see what others think. Enaid x

[Paule]

Re: calamity jane v Barclaycard

Also I do believe that someone has lost in a precedent setting case with CI.

You need to have a strong argument and the correct points to raise.

and is contractual interest claimable anyway?

If youre asking that, I think you should accept the offer.