Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Young v Barclaycard

    Hi all, I'm new to B'card, but have been successful with Nationwideicon bank and I'm in the middle of one with Lloydsicon TSB.

    I understand that the process is slightly different with a credit card than it is with a bank, so I'm just introducing myself here, as I'm right at the start and am just about to send the SARicon off to them today.

    I've been having a read around, but there doesn't seem to be too many success cases with B'Card? Is this the case? I recently started a case against Barlcays Bank for my brother and his girlfriend, and they offered about 90%, which my brother decided to take as he was getting it in the ear from his girlfriend. And that was way before they got to court, that was only after the prelim letter.

    I guess I was hoping that B'card will be the same (same company after all), but that doesn't seem to be the case. Someone please correct me if I'm wrong?

    Anyway just wanted to show my face as it were.

    Similar Threads:
    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  2. #2
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    Default Re: Young v Barclaycard

    Hi Bev and welcome to the Barclaycard thread.

    I for one can say they are a blimmin' nightmare, I can't even get my statements out of them!

    Wishing you go luck on your claim


  3. #3
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    Default Re: Young v Barclaycard

    Still awaiting some microfiche statements from Barclaycard. 40 days now up! Submitted those I received for payment. They sent a quarter of the amount owed!!I think its time to file a moneyclaim online for the rest, plus interesticon at 8%!!
    Good Luck ,Pinadagolf


  4. #4
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    Default Re: Young v Barclaycard

    Pinadagolf

    Start your own thread then we can keep an eye on your progress.

    Good luck!


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  5. #5
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    Default Re: Young v Barclaycard

    Well the 40 days were up on the 1st August. I've received copy statements this morning. On first reading the covering letter says that records beyond May 2004 are on microfiche and are not covered under the DPA, blah blah blah. BUT on this occasion as a gesture of goodwillicon, they have included them (how nice!)

    Now which transactions am I looking for? I know with Banks it's any o/d, dd, so, etc payments plus interesticon on those payments, but not sure what to look for in CC statements.

    Any help please?


  6. #6
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    Default Re: Young v Barclaycard

    Right, just having a quick check through and I seem to have several strange entries:-

    interesticon on standard balance
    Interest on consolidation balance
    Out of order fee (roughly £40 each time)*
    Returned payment charge (£15)*
    Late payment charge (£20)*
    Over credit limit charge (£20)*

    * These are the ones I can claim back?

    Is this right?

    Any help appreciated


  7. #7
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    Default Re: Young v Barclaycard

    The last 3 definately, but never heard of the Out of Orde charge - do you know what it relates to?

    Peter


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    PETITION
    Thanks
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  8. #8
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    Default Re: Young v Barclaycard

    No idea, just says out of order charge. It was in Jun 2002, so maybe they renamed it something different, I only have the one.

    Can I use the same spreadsheet for working out the charges as the one we use for working out bank charges?

    edit: to say that I have just found another one in Jan 2005, so have no idea what it is? Perhaps they just think I'm being 'out of order' lol!

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  9. #9
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    Default Re: Young v Barclaycard

    There is a spreadsheet in there somewhere for Credit Cards - it's in the same download section of the templates libraryicon, just a bit further down.

    I suppose in your PreLim, you could ask for this charge to be explained, and add it in when you find out - but I wouldn't risk somethign you don't know until you are sure - not the way the bamks are oplaying lately!

    Peter


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    PETITION
    Thanks
    Peter

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  10. #10
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    Default Re: Young v Barclaycard

    Thanks, will go have a look for it now.

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  11. #11
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    Default Re: Young v Barclaycard

    Sorry to be a pain, but I'm now up to April this year and there is something labelled CHRGOFF PURCH FEES £193.39, AND CHRGOFF PRCH PRIN BALM £1004.55

    Any idea what these are? I've been on a repayment planicon since April 2005, and haven't used my card at all snce way before then?

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  12. #12
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    Default Re: Young v Barclaycard

    I think that is the cost of them setting you up on a repayment planicon and/or passing you over to a DCAicon, and the second is the total balance left to pay, including that charge.

    Would that make sense to your account?

    Also, if they have done that, have you considered using the loaded weapon that is a CCA request.

    I'm not one to drop what I owe, but when they start getting petty and messy with me, then I find it har not to play hard ball back.

    I am currently waiting for my CCA to arrive, and if it doesn't, then all hell will break loose!

    Peter

    ps - thanks for the tinkle!


    Sign my petition to the Prime Minister here:
    PETITION
    Thanks
    Peter

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  13. #13
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    Default Re: Young v Barclaycard

    Well I did think that, that it was when they passed it over, because it adds up to the total balance, and then it says present balance 0, amount due 0, credit limit 0. So I thought it must've been passed over, but then the next months statement, which is June's (but marks all May's transactions) says current balance (£1192) again, so does that mean that they have got it back?

    RE the CCA, I haven't done it with B'Card. Although I did try that route with Capital Oneicon for both mine and my hubbys cc and unfortunately got them both back! Also tried it with hubbys loans and got them back as well! Damn! lol

    Thanks for the thinking though,

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  14. #14
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    Default Re: Young v Barclaycard

    sounds like it was passed and passed back then...
    ...and this has been a common thing with BCard when they don't have a CCA agreement. Mine was with a DCAicon and passed back after I CCAd them.

    could be worth a try again - after all it's only a quid! - and they seem to know something is up if they have had the debt passed back?

    Peter


    Sign my petition to the Prime Minister here:
    PETITION
    Thanks
    Peter

    !!!WON!!!


  15. #15
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    Wink Re: Young v Barclaycard

    Right, I finally got my a*se into gear and sent the letter off to B'Card. Charges came out to £758.53, plus interesticon at 8% of £247.83. TOTAL £1006.36. Sent the letter on 20th March, got a reply this morning.

    As a gesture of goodwillicon and with no admission of liability, they are prepared to credit my account with the difference between my charges and the current £12 fee, which equates to £296, plus 8% interest.

    Obviously this is a lot of difference between the amount I am claiming. I'm not scared of fighting and taking it all the way.

    Should this be my next step? Sending them notification that since I have not received a satisfactory response I am now taking it further and the next step will be court action.

    I am tempted to ask them to wipe the debt completely as the total debt is only a few £££'s more. What do you think my chances are? lol

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  16. #16
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    Default Re: Young v Barclaycard

    Hi Bev,

    If their response was in reply to you Prelim Letter, send them your lbaicon now.

    If the offer was in reply to your LBA, you should now file at court.

    Did you actually send BC a CCA request and have they replied.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  17. #17
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    Default Re: Young v Barclaycard

    Sorry, yeah it was in response to the prelim letter. I'll send them the lbaicon letter.

    I haven't sent a CCA request to B'Card. I've sent one to all my other CC companies and have received the proper paperwork back, so just assumed that this would be the same. Do you think it would be worth sending a CCA request then?

    Nationwide - WON

    Lloyds - £4,664.25 + costs
    Data Protection Act Letter sent 29/06/06
    Information received 28/07/06
    Preliminary Letter sent 14/08/06
    Reply Rec'd 19/08/06
    LBA sent 29/08/06
    Filed with MCOL 26/04/07
    Defence filed and AQ disposed with 15/05/07
    AQ from local Court received 21/06/07
    Request for more info received 30/06/07 - Reply sent 02/07/07
    AQ Filed 03/07/07
    Prelim Hearing 17/08/07

    Abbey - £1,611.20 excl 8% + costs
    Data Protection Act Letter sent 18/07/06 - 40 days up 29th August
    Reply Rec'd 26/07/06 - microfiche argument.
    Microfiche letter sent rec del 27/07/06
    Complete transaction list Rec'd 23/09/06
    Prelim letter sent 25/09/06
    LBA sent 20/10/06

    Barclaycard - £758.53 excl 8%
    Data Protection Act Letter sent 22/06/07
    Prelim letter sent 20/03/08
    Reply rec'd 09/04/08 - offering £296
    Rejection & LBA letter sent 18/04/08

  18. #18
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    Default Re: Young v Barclaycard

    Hi Bev,

    See how you get on with the claim - if the chgs clear the debt or nearly do so, no need to CCA them.

    Also, send them a Rejection Letter from here - http://www.consumeractiongroup.co.uk...ng-offers.html . Select the one most appropriate for your case.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  19. #19
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    Default Re: Young v Barclaycard

    The charges are not far from clearing it, think there might be a difference of a couple of hundred or so.

    Will send a rejection letter and lbaicon as soon as poss. I'm def not going to accept their offer of £250.


  20. #20
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    Default Re: Young v Barclaycard

    Good for you !

    That was a poor offer by any standards. They may not be taking you very seriously because you let this slip, timewise.

    Keep up the momentum now and you should get what you want in the end.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.


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