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I feel that the general public need to be made aware of how Barclaycard, by referring to the Financial Ombudsman Service, are in some instances, deliberately abusing the law of the land. Avoiding the Court System and taking money that they have no legal right to.
It does not matter who you complain to, in my case I have complained to the Chief Constable of Police, The Office of Fair Trading, The Financial Services Authority, and even to the Prime Ministers Office, referred to H M Treasury. They all point you to the Financial Ombudsman Service.
The problem here is that the Financial Ombudsman does NOT have any remit on the Enforceability of Agreements.
The Ombudsman HAS to work on the basis that the information provided by Barclaycard is correct. If Barclaycard are not prepared to admit that they have an unenforceable agreement the Ombudsman MUST rule in their favour.
In my case I even provided the Ombudsman with a copy, obtained directly from Barclaycard, of an Improperly Executed Agreement under Section 61 (1) (a) not signed by Barclays. Containing the terms "when we consider your application" which makes it a future prospective regulated agreement,(unexecuted), and not referring to the prescribed terms. Section 127(3)
The Ombudsman cannot query this as stated in their final response. I have noted "Enforcers" strength of feeling and comments about the enforceability of the credit agreement, but I have no power to declare a credit agreement unenforceable; only a court can make that determination. How many of you out there can afford to take Barclays Bank PLC to court?
So, to start with, you write to Barclaycard, explaining that they do not have an enforceable agreement. They then send you a reconstituted agreement, to PROVE that it is enforceable, even though you do not pay the required fee. You already have paperwork from them to prove that it is not. They then pass your disputed account to their in house debt collectors who will bombard you with phone calls demanding payment. You write back to advise them that they do not have a legal right of set off. Mercers debt collections Barclaycards in house collectors will then send deliberately defective default notices, they send them under section under S87(i) instead of S87(1). If you still refuse to pay them, they will simply help themselves to your money! The police will not help you, the OFT cannot act in the case of an individual, the FSA cannot act in the case of an individual, the Treasury refer to FOS, the FOS cannot help as Barclaycard will not admit that they have got it wrong.
It would seem to me that the Banks are totally unregulated! No wonder that this country is in such a mess.
The actions of Barclaycard are I believe a scandal of epic proportion.
How many loyal customers of Barclays Bank have been subject to their right of set off, when it should not have happened?
Is this the greatest banking scandal yet?
Surely someone can do something about it.
Comments please.
It does not matter who you complain to, in my case I have complained to the Chief Constable of Police, The Office of Fair Trading, The Financial Services Authority, and even to the Prime Ministers Office, referred to H M Treasury. They all point you to the Financial Ombudsman Service.
The problem here is that the Financial Ombudsman does NOT have any remit on the Enforceability of Agreements.
The Ombudsman HAS to work on the basis that the information provided by Barclaycard is correct. If Barclaycard are not prepared to admit that they have an unenforceable agreement the Ombudsman MUST rule in their favour.
In my case I even provided the Ombudsman with a copy, obtained directly from Barclaycard, of an Improperly Executed Agreement under Section 61 (1) (a) not signed by Barclays. Containing the terms "when we consider your application" which makes it a future prospective regulated agreement,(unexecuted), and not referring to the prescribed terms. Section 127(3)
The Ombudsman cannot query this as stated in their final response. I have noted "Enforcers" strength of feeling and comments about the enforceability of the credit agreement, but I have no power to declare a credit agreement unenforceable; only a court can make that determination. How many of you out there can afford to take Barclays Bank PLC to court?
So, to start with, you write to Barclaycard, explaining that they do not have an enforceable agreement. They then send you a reconstituted agreement, to PROVE that it is enforceable, even though you do not pay the required fee. You already have paperwork from them to prove that it is not. They then pass your disputed account to their in house debt collectors who will bombard you with phone calls demanding payment. You write back to advise them that they do not have a legal right of set off. Mercers debt collections Barclaycards in house collectors will then send deliberately defective default notices, they send them under section under S87(i) instead of S87(1). If you still refuse to pay them, they will simply help themselves to your money! The police will not help you, the OFT cannot act in the case of an individual, the FSA cannot act in the case of an individual, the Treasury refer to FOS, the FOS cannot help as Barclaycard will not admit that they have got it wrong.
It would seem to me that the Banks are totally unregulated! No wonder that this country is in such a mess.
The actions of Barclaycard are I believe a scandal of epic proportion.
How many loyal customers of Barclays Bank have been subject to their right of set off, when it should not have happened?
Is this the greatest banking scandal yet?
Surely someone can do something about it.
Comments please.
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