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 Hootie19 -v- Barclaycard

    This is me taking on the might of Barclaycard on behalf of my husband.

    We've got all the statements from June 2001 to date.

    We've drawn up a list of the charges (£531.00)

    And I know that the next step is to do the letter asking them to refund the charges, but I also have a feeling that there is a specific template letter for credit card companies as opposed to bank accounts.

    I am, I'm afraid to admit, hopeless at finding stuff anywhere - in the house, in the car, online, in forums etc - and so I was wondering if someone could be kind enough to point me in the right direction, and if possible, mention the right address to write to. I've had a look at the addresses thread and my eyes glazed!

    Many thanks (hoping this fight will be much easier than my own against Capital Oneicon - my god I've made that one hard for myself lol)

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  2. #2
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    Default Re: Hootie19 -v- Barclaycard

    Hi I think you just amend the letter for the banks but I found this link so try there.

    http://www.consumeractiongroup.co.uk...RD-letter.html


  3. #3
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    Default Re: Hootie19 -v- Barclaycard

    Thank you so much rae may. It's amazing to me just how helpful people will be on this forum - even to a klutz like me!

    Letter done. I've just addressed it to the place I sent off for the statements. Does that sound right, or should I be using the Barclaysicon Bank address in London that I saw mentioned in the addresses thread?


  4. #4
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    Default Re: Hootie19 -v- Barclaycard

    I sent everything to Northhampton address.


  5. #5
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    Default Re: Hootie19 -v- Barclaycard

    Well, things are trotting along.

    Prelim letter sent 6th July

    Reply (dated 13th July) received 23rd July, offering the difference between what we claimed and the current £12 fee (183.00). (Due to no ink for the printer, we haven't written back yet).

    Barclaycard statement received today with a credit of £183 on it.

    Now, we haven't accepted this as a conclusion to the claim, so I suppose we now just write (having got ink cartridges today - yay!) and say thank you, we accept the £183 in part payment, but we still quite like the idea of claiming the remaining £384, thank you very much.

    Cheeky beggars - suppose they thought we'd be grateful for any little thing.

    (It was nice to see the Barclaycard balance below £1,000 though )

    Watch this space




    ETA: This is the letter we received

    thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relations Manager.

    I am sorry you feel that charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our terms and conditionsicon, and on the reverse of every monthly statement.

    In your correspondence you have outlined a legal argument which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you, however, that we disagree with your legal analysis.

    Putting the above to one side, as a good will gesture, and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the current £12 fee. This would amount to £183.00.

    The adjustment will be confirmed on your next statement.

    May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within you credit limit and ensure that your monthly payment reaches us with the required timeframe.

    Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsmanicon Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.

    Yours sincerely

    Leigh Hollas
    Barclaycard Customer Services



    Now - the offer isn't made in Full and finalicon settlement, nor are there conditions attached. So which of the rejection letters templated here:
    http://www.consumeractiongroup.co.uk...ng-offers.html
    should I used to write back.

    I thought Letter 4, but will wait and hope to hear for sure, before sending it.


  6. #6
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    Default Re: Hootie19 -v- Barclaycard

    Yes I would got for #4 as you want the whole lot, plus you give them permission to take it back and replace with a FULL settlement.

    Don't be grateful for a 'little thing' go get it ALL back

    Good luck!


  7. #7
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    Default Re: Hootie19 -v- Barclaycard

    Quote Originally Posted by moneyhelp View Post
    Yes I would got for #4 as you want the whole lot, plus you give them permission to take it back and replace with a FULL settlement.

    Don't be grateful for a 'little thing' go get it ALL back

    Good luck!
    Thanks moneyhelp. I sent the letter off recorded delivery this morning, but having now read the news about all current claims being put on hold, my heart's in my boots

    Guess we can only keep our fingers crossed and wait until we hear the outcome.


  8. #8
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    Default Re: Hootie19 -v- Barclaycard

    Right, having accepted that all these claims were on hold until after the test case, I have now been told that it doesn't apply to credit cards.

    In that case, we are in a position to be able to file the court stuff against Barclaycard.

    Further to my last post, we got a letter back basically saying that the £183 is all you're getting, like it or lump it.

    We've decided to lump it!!

    However, I read on here somewhere that *some* institutions were having success in challenging the claims as there isn't enough information given on the printed out version of the court papers on MCOL, and that the papers now ought to be delivered to the court in person, as more information can be put on the printed out form.

    Is this right, or am I misremembering stuff.

    I really want to try and get this done today - too much procrastination already.

    We are both off work this week, so can get to the nearest court (next town along) have just been paid (so can afford the £80 fee) and don't want to lose momentum.

    Can anyone offer any advice please?


    Edited to add: - what do I do on the court form about the £183 they've credited back to the account already?

    Plus - in the help to fill out forms post
    http://www.consumeractiongroup.co.uk...-claim-n1.html

    I'm a bit confused about the "value" section. I have so far put:

    Charges - £531.00
    Interest under s.69 of the County Courts Act 1984 - £135.99 (this is what is shown on the spreadsheet I downloaded from here and entered all the charges onto)
    Court Fee - £80

    so that's ok, I think. But it's the next bit I can't "get". Plus interest etc.

    But interest is already added above! So is this to continue charging interest until the claim is settled? If so, can someone please spell out in really really little words how to work it out, as that post says something about overdrafticon interest, which obviously you don't have on a credit card.

    Sorry to
    (a) be so dim
    and
    (b) ramble on so much!


  9. #9
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    Question Re: Hootie19 -v- Barclaycard

    Seems no one has been able to help you so far.

    Did you manage to get this sorted? if not post back and I'll see if I can help ok.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE