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

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default On the beaches... Just got a partial refund

    I've already started a thread in the Abbeyicon forum but I was asked by one of the mods to start a thread here too as I'm also claiming against Barclaycard.

    I've read all the FAQs and I've spent a couple of evenings reading the forums. I'm claiming approximately £1500 back from Abbey and £500 from Barclaycard. My Data Protection Act letters are written and I'm going to send them by Special Delivery tomorrow.

    Lastly, I just want to say that it is becoming increasingly uncommon to find examples of technology being used elegantly and effectively for the common good, helping people to do something they wouldn't ordinarily be able to do, and without exploiting them in the process. Outstanding job guys. 5% is yours if I win.

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  2. #2
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    Default Re: We shall fight them on the beaches...

    Thank you very much.

    I'm sure you have realised by now that B/card are a tough nut to crack, but keep going, once we get a crack in, we'll have them!!!

    .

    Apologies to people who I was in the process of helping, I may be gone some time.

  3. #3
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    Default What next?

    I hope someone can give me a quick word of advice.

    I finally sent off my DPA request at the beginning of July (after a delay caused printer problems and financial woes). I've received copies of statements since May 2004 and a letter saying that the rest are on microfiche.

    I now only have a couple of missing statements for the past six years so I'm not sure I want to wait around for them while they try to block the DPA process. I have a fairly accurate figure that I want to claim back and I'd like to get on with it.

    What should my next course of action be? Should I wait until the 40 days are up? Should I hold out for the missing statements even if I don't need them? Or should I just send the lbaicon? What should my next letter be?


  4. #4
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    Default Re: What next?

    Quote Originally Posted by runningflush71
    What should my next course of action be? Should I wait until the 40 days are up? Should I hold out for the missing statements even if I don't need them? Or should I just send the lbaicon? What should my next letter be?
    You don't need to wait 40 days. Start with the prelim letter, not the LBA


  5. #5
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    Default What about the principle?

    Thank you very much. I will send the prelim approach.

    But should I still pursue them for all the information (even though I don't really need it), so that I can show the court that they have been obtructive?

    Also, even though I don't need the information, I know a lot of people do. Should I pursue it for the common good? If so, what should I send, and should I hold off on the prelim?


  6. #6
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    Default Re: What about the principle?

    Quote Originally Posted by runningflush71
    But should I still pursue them for all the information (even though I don't really need it), so that I can show the court that they have been obtructive?

    Should I pursue it for the common good? If so, what should I send,
    There are DPA non-compliance letters in the bank template library, if you want to pursue that line.


  7. #7
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    Default Re: We shall fight them on the beaches...

    Thanks guys. I'll send my prelim letters to Abbeyicon and Barclaycard on Monday. I'll keep you all posted.


  8. #8
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    Default Re: We shall fight them on the beaches...

    Okay, I'm finally sending my prelim letters to Abbeyicon (£2375.54) and Barclaycard (£858.62). I could do with a little reassurance as there are a lot of warnings on the site about people making silly mistakes.

    I'm sending a standard prelim letter to each company, along with a schedule of charges (without the 8%). I never got the statements I asked for using the DPAs but I subsequently found nearly all my old statements anyway. The 40 day deadlines for the DPAs have expired but I don't think I'm going to pursue these, as per the advice on the forum.

    I intend to send the prelims by registered post tomorrow and I'll keep everyone informed. Have I forgotten anything?

    Lastly, has anyone actually gone to court yet with Abbey or Barclaycard? I spent a while trawling the threads but couldn't find anyone who had.

    Thanks in advance.

    Abbey (£2463.64)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
    01-Oct-06 Sent prelim letter requesting £2463.64
    16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
    01-Nov-06 Sent LBA requesting outstanding £1748.64

    Barclaycard (£873.12)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
    01-Oct-06 Sent prelim letter requesting £868.39
    18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
    01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)

  9. #9
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    Default Re: We shall fight them on the beaches...

    Just an update:

    I finally sent off my prelims on October 1. Abbeyicon sent me a letter on the 16th offering me £715 as a gesture of good willicon and it appeared in my account 2 days later. Barclaycard sent me no letter but a £257 "refund" appeared on my last statement. I have written out my LBAs for the revised outstanding sums and I will be sending them by Special Delivery tomorrow, along with amended schedules of charges. I'll post an update in 14 days.

    Abbey (£2463.64)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
    01-Oct-06 Sent prelim letter requesting £2463.64
    16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
    01-Nov-06 Sent LBA requesting outstanding £1748.64

    Barclaycard (£873.12)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
    01-Oct-06 Sent prelim letter requesting £868.39
    18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
    01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)

  10. #10
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    Default Re: We shall fight them on the beaches...

    By the way, does anyone know how to change the title of my thread so I can mention the fact that I've had a refund?

    Thanks in advance.

    Abbey (£2463.64)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
    01-Oct-06 Sent prelim letter requesting £2463.64
    16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
    01-Nov-06 Sent LBA requesting outstanding £1748.64

    Barclaycard (£873.12)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
    01-Oct-06 Sent prelim letter requesting £868.39
    18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
    01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)

  11. #11
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    Default Re: We shall fight them on the beaches...

    PM any Mod, ask nicely and include a link to your thread.


  12. #12
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    Default Re: We shall fight them on the beaches...

    Please could someone give me some advice! I sent my LBAs out on November 1 last year to no avail. I have not filed my court claims yet, partly because I have been travelling a lot since then and partly because I have continued to incur charges and I wanted to wait until I was able to stem the tide. This has now happened, but should I send a new lbaicon with the revised figure or can I just file claims for the increased amount? I am worried that the court will reject my claim if I am asking for more than was mentioned in my original LBA. I don't want to blow this. What should I do? Thanks is advance.

    Abbey (£2463.64)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
    01-Oct-06 Sent prelim letter requesting £2463.64
    16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
    01-Nov-06 Sent LBA requesting outstanding £1748.64

    Barclaycard (£873.12)
    01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
    01-Oct-06 Sent prelim letter requesting £868.39
    18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
    01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)


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