Bumpty bump!

Signed. It now stands at: Signatures: 33,520 Wow-wee!

Well either Ja-de is my local MP, or it's a fluke, but I had a reply...of sorts... Not really going to break any world records for long emails, but at least he is still alive! Lets see what he comes up with! Peter

what did you put in your appeal application? And what made you choose this over Stay Removal? Peter

I sent a CCA request to BCard, they sent me through the original application forma nd the T&Cs - it costs £1, I think the details of what I sent are on my thread. I was going to try and have the debt removed by that method, but the amount is so little it is hardly worth me pursuing, and apprently can be a difficult thing to argue - BUT - I did get that little gem from them, so not all that bad! Peter

Hi Karhuss If you send me a PM with your email addy I'll email you a template letter for stay removals I have been working on. Be aware though that you will have to file an N244 with your local court and pay £35. Not great, but that's how it is. I have to say that the letter I have been working on is taken from Zootscoot and added to to highlight CCard claims differences to Overdraft claims and the Test Case. It has not been properly tested in court, or by anyone, other than people saying they have taken it and modified it for their own needs. I f you would like a copy, let me know. Peter

Sorry - that is something I should have mentioned, and thanks for bringing it up. On the T&Cs sent to me by BCard (see my thread BCard v Davies (at present) http://www.consumeractiongroup.co.uk/forum/barclaycard/102290-bcard-davies-present-2.html#post1067573) The T&Cs BCard sent me have no mention of any Charges that could be applied to my account, other than the antiquated yearly 'service' charge of £10 that was actually scrapped before I took out my card. I find this strage, and added that line to the letter (I meant to highlight it in red) as I think it could be significant to my case. I assume that no-one else has found this? The only thing I can think of is that my card was initially a Student Card, so maybe fees weren't applied back then on Student Cards. Since they haven't provided me with any other T&Cs I am assuming that these T&Cs still hold true, unless they can prove otherwise, which I'm sure they will try and do! So in short, if that line doesn't apply to you, I'd remove it! Thanks for the comments Brad. Peter

Worth adding a line to your letter stating that their failure to fully comply with their legal obligation as Data Controllers to issue you information under the Data Protection Act 1998 should be considered a mitigating factor by the courts, and as such, you ask them to consider the Data Controllers breach a major factor, if not a colluded factor with the companies litigation team, to delay your dispute with them in the hope that courts would be forced into issuing Stays. Something liek that may help show that BCard have not played fairly up until now, and have done all in their power to prevent you from getting information you require. Now you have that info, they are trying to abuse the system further by riding on the back of the parent companies current High Court case, which has no affect on this one! Peter

Worth reporting them to FOS and FSA. They have clearly breached their own guidance and rules by not putting Mercers back on the chain. Is the refund the £8 difference, if so, you need to sedn the rejection in lieu of receipt letter in the templates library - copy to Mercers - and get a scan of your docs up asap. If they sent T&Cs as well, they need to go up also. Thanks Peter

did you CCA Mercers as well? If you didn't (despite them being the same people as BCard) it may be worth doing, as this will force Mercers to stop and take a look at what they are doing. Peter ps - did they send you a copy of T&Cs with the application form, and was the application form signed by BCard?

Hi, I have a letter to remove stays which is similar to the above, but gives more detail as to the OFt case and points the judge to specific points in botht the test case and the 2006 report. If you would like a copy to compare with your own letter above, then drop me a PM with your email addy. Peter (that applies to anyone!)

Ok, so my MP STILL hasn't replied to me. I was one of the first to join the MP Harressment Army and am still waiting for a response. Is there any way to complain about your MP? Other than not voting for him (not that I would, he's a blooming Conservative). I may have to pay Mr MP a visit, and let him know what I think of his attitude to his constituents. I know there have been at least 2 other letters sent to him from this page alone...grrr! Peter (not pleased!)

apparently they are alive and well, and answering phones, so give them a ring - send an email with exactly what you have said afterwards asking them to confirm that this is a true copy of what was said, or if you can record the convo. It is important you can show the judge you have made every effort to mediate the case out of court. And if they say something that can be used against them you have a record of that. Good luck!!! Peter (Money - I agree amount is not the issue, just suprised that they are conitnuing, seeing as a solicitor will cost a heck of a lot more than that!) ps - worth mentioning to them (bank) that it isn't financially beneficial for them to continue the case, as further costs will be added, and you are sure a judge, and indeed shareholders, will be less than happy with the reasoning behind this. Peter

...currently... (I say no more! 8-):eek:)

Def use - glad you like it. although the bulk is others' work. Would welcome any comments (good and bad) and if anyone wants to redraft it, then please do!!! Although obviously anyone who wants to use it, then they can, although I have to point out I am not a banana, and have formed this of my own opinion, and it is untried both as a POC and at court. However, saying that, it is what I will be relying on when i submit my court claim in a few days time. Peter

Are you sure you mean £100? Most cases I have seen that have been under a couple of hundred were sorted much earlier on...? I would only try ringing, emailing won't work. Make sure you write the date and times of the calls down, and write down what you say, and show this to the judge. I woudl think for the ammount the judge will be less than pleased that they have not even tried to settle with you! Good luck Peter

Ok guys and gals, here is my first stab at a new set of POCs: Enjoy, and comments please! Peter

Hi Sticky, send it through to me. Your thread - find it by clicking on User CP on the blue menu bar across the (almost) tiop of the page, the click All Threads,a nd yours will appear. If you haven't got a BCard thread yet, then just start one, clicking new thread at the top. HTH Peter

worth a try - it's whether the bank decide to make you a crappy offer just to make the email actioned. In theory, they could offer you £1, and that would be an offer. Give it a go thoguh - the judges can see throguh them! Peter

How quickly are you needing this? I should be able to get a rough draft together for the weekend, using bit from my stay letter. In theory they both argue the same, just at different times int he proceedings, so should gel quite easily. I'll post when I have something! Peter

The banks have been told by the OFT that they should, as part of the agreement, honour all offers for 2 months from the last offer.

Apparently the emails are coming back unanswered, meanin either the whole company is on leave, or they are ignoring us! Be prepared to go to court - they may or may not turn up. If they do turn up, they will most likely be asking for a stay. so prep up on that so you can counter-argue and push them to settle! Good Luck Peter

Hi all, After fine toothing my T&Cs from BCard and looking through the application form, I have realised that there is no mention of them charging me AT ALL for late payments and exceeding limits. Is this just me, or is this on all T&Cs? Also, still need some advice on last post! Peter

Clever Painty, very clever! Good luck Camdenite!

It becomes a matter for the ICO. You would complain to them that they have failed in their duty as a data controller, and you wish to lodge a formal complaint, giving the name of the bod who sends you the letter saying you're talking rubbish! Then, you could also start court proceedings to have the bank FORCED into giving you your information. But wait and see first!