Morgan Stanley CCA- received Barclaycard terms in response**WON, THEN WON AGAIN!!!**

[noomill060]

The first tells of their desire to pay me the difference between charges incurred and the current £12 charge.

 

(All £20 charges+ contractual interest paid back after judgement. The few charges in this claim are at current amount.)

 

The second letter tells me after exhaustive investigations, they tell me that I was never charged a shilling in PPI nor was any request for PPI made nor has PPI ever been applied to this account!

 

(My copy statemets tell a different tale.)

 

The letter ends-

 

"I can confidently state that you have never been covered covered by the insurance policy"

 

Well, Mr Barclaycard, I can confidently state that you have neither a credit agreement, access to copy statements for this account or any documentation on the history of this account whatsoever!

[noomill060]

So- I now have:

 

1. An admission that BCard do not have any evidence that I applied for PPI

 

and

 

2. as any such application for PPI would have been made on the CC application form, they have tacitly confirmed that they dont have any such document!

 

and

 

3. PPI premiums were debited on a monthly basis and noted as such on each statement, they tacitly confirm that they dont have any statements either.

[Desperate Daniella]

Wowee!!!!!!!

 

DD

[Pinky69]

Tee hee - they are completely stuffed!!

[angry cat]

Clearly they do not have ANY documentation whatsoever...what a surprise!

Go, get them noomillo.

 

AC

[Patma]

Fantastic news, Noomill . I can't wait for the next episode.

How's Alladdin going btw?

I'd come to cheer you on but I'm right at the other end of the country.

This Noomill V Barclaycard story is better than any old pantomime, but in the best tradition of pantos the good guy is making the baddy look like a complete fool

[Desperate Daniella]

Must let you all know. I just had a phone call from the most charming young man at Barclaycard (cashback), previously MS. He sounded an absolute sweetie and was very polite - I think he was a NewZealander, maybe South African - so I was very sweet back. He asked why I hadn't paid, and I said because they hadn't sent a copy of the CCA, and he asked if I would like the number to contact, and was sure they would send it, and understood why I hadn't been making the payments.

 

It must be his first day!!!!!

 

DD

[noomill060]

[noomill060]

[Pinky69]

That really is scandalous - you aren't even talking about a Barclaycard - all those lies! I would ask the OFT to prosecute them under the CPUTR 2008 for misrepresenation on a large scale.

[noomill060]

I couldnt believe my eyes when I read these for the first time, but hey its their problem, not mine.

 

(cant wait to see what their defence consists of!)

 

[Desperate Daniella]

Clearly they have just taken on some new staff from CapOne, and this time they are allowing them to write letters, not just make telephone calls.

 

DD

[noomill060]

[noomill060]

Just received a copy MS credit card application.

 

Only thing is, its someone elses, and its unenforceable anyway!...

 

'Tis my duty as an honourable citizen to send this document to the ICO along with a strongly worded official complaint and contact the person concerned.

[Desperate Daniella]

Noomill,

 

If you are not too busy, and can scan in, could you let us see what they have sent. As you know, I'm waiting too. They just their current bcard t & cs when I first asked, so I'm interested to see what they are coming up with.

 

No probs if you can't. I'll have to be patient.

 

Thanks.

 

DD

[Desperate Daniella]

Obviously I don't expect to see their details so that may make scanning difficult. Just the date of the document would be fine so I can see what they are sending out that that particular time.

 

Thanks again.

 

DD

[noomill060]

Standard, early Morgan Stanley Dean Witter mailer application form that came through your letter box.

 

I will not be posting it up in any form as it isnt mine.

 

MSDW application forms have been posted up on CAG and can be found with a bit of searching.

[Desperate Daniella]

Thanks for that Noomill.

 

I realized as soon as I had put up the first post that of course you couldn't post someone's else's details. Idiot!!

 

The last statements I have to hand are 2000 - others probably in the attic somewhere) - so I must have been 1999 or before. I've seen some other MS application forms, but don't know which one I had. Still waiting to see if they produce anything - at the second time of asking.

 

What fun you will have composing the letter to the ICO!!

 

DDxx

[Desperate Daniella]

Hi Noomill,

 

This morning I received a copy of my original MSDW application form. It is such a bad copy that even if I had a scanner there wouldn't be any point in putting on here. However with a lot of effort it is possible to read it.

 

On the first page it refers to Terms and Conditions including Condition 16.

 

On the second sheet there are some sort of conditions, but this is headed

Financial and Related Particulars and there is no condition 16.

 

Will start own thread and type it all out.

 

DD

[noomill060]

Just had a phone conversation with Sharkley's PLC.

 

They are very keen to settle the monetary part of my claim, knocking this off my account balance, you know the one they dont have an agreement for...

Edited January 21, 2009 by noomill060

[Desperate Daniella]

Don't keep us all in suspense! What did they say when you pointed that out? Splutter, splutter.......................

 

DD

[noomill060]

The Sharkley person ummd and ahhd a bit, then said that at the moment, they werent prepared to consider that part of the claim.

 

At the moment.

 

I took his direct phone number and said I would get back to them with my response. This was all (*coff*) Without Prejudice, at their request.

 

(*coff*)

 

 

Bit of bird flu going round Canary Wharf at the mo.

Edited January 21, 2009 by noomill060

[Desperate Daniella]

 

At the moment!

 

DD

[pt2537]

The Sharkley person ummd and ahhd a bit, then said that at the moment, they werent prepared to consider that part of the claim.

 

At the moment.

 

I took his direct phone number and said I would get back to them with my response. This was all (*coff*) Without Prejudice, at their request.

 

(*coff*)

 

 

Bit of bird flu going round Canary Wharf at the mo.

[noomill060]

Right-

 

Heres the deal Sharkley's-

 

1) You set the balance to zero

 

2) Permanently remove all neg CRA markers and mark account as "Settled"

 

3) Pay an amount of £12 per threat-o-matic phone call in compensation for harassment

 

4) Reimburse Court fee and postage in the sum of £80

 

5) In a legally binding agreement, you agree that I will not be penalised in any way in retaliation for bringing this claim against Sharkley's-

 

specifically:

 

a) Account will not be terminated

 

b) Credit limit remains unchanged for a period of at least 12 months

Edited January 22, 2009 by noomill060