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.

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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.

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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.

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  1. #1
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    Default Wot charges to claim ???

    Just got statements from Barclaycard.............. ...................

    Sorry if its a repost but going through my statements i only have late payment charges so assume i can claim all these ???

    And as they can only supply statements back to May 2004 i guess i can claim a estimate for the rest going back to the 6years from now ???

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  2. #2
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    Default Re: Wot charges to claim ???

    Quote Originally Posted by ADDABET
    Just got statements from Barclaycard.............. ...................

    Sorry if its a repost but going through my statements i only have late payment charges so assume i can claim all these ???

    And as they can only supply statements back to May 2004 i guess i can claim a estimate for the rest going back to the 6years from now ???

    yes but press them for the statements tell them you will inform the information commissioner, or apply to the court to enforce compliance.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Schedule of Charges (estimated ???)

    Are people that are estimating there charges (as no statements prior to May 2004) when sending there preliminary request for payment attaching a schedule of charges with there letter ??? or just putting a total in the letter and explaining how they got to this figure ???

    Hope this makes sense:o , cos im struggling at this time of day


  4. #4
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    Default Re: Schedule of Charges (estimated ???)

    Hi I included the actual schedule of charges for the period May 2004 to date, including interesticon.

    Then in the letter I outlined my estimate for the period they won't give me statements for, based on the actual charges known.

    Then included a 'total claimed' in the letter also.

    Hope this helps.

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10

  5. #5
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    Default Re: Schedule of Charges (estimated ???)

    When i have estimated, i have actually listed all the months i have estimated there to be a charge, & explained why i have had to estimate them! Hopefully if gets as far as a judge, then they will see what i an up against !


  6. #6
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    Default Re: Schedule of Charges (estimated ???)

    Hi Addabet,

    I seem to be at exactly the same stage as you, and have the same problem.

    I've calculated charges for the statements they have sent, but am uncertain as to whether I should just add a lump sum, (known charges x 6), with just a note saying it's estimated, or if the correct method is to guess at dates and add the same amount but provide guessed dates.


    Neilbass did you just provide an estimated lump amount, without providing dates? and has your claim been successful, or are you still playing the waiting game?

    Mr Chips how about you, would the fact that you've guessed figures and dates go against you in court if it got that far, or is it better to do it your way rather than Neilbass's way?


  7. #7
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    Default Re: Schedule of Charges (estimated ???)

    actually estimating the charges is pretty straightforward......its calculating interesticon where it gets a bit complicated. If you can work out the average charges per month using the info post 04 info they sent, you can multiply that figure by 36 (amount of months between Jun 01 and June 04) thats providing you have been with them for that long, to work out the remainder. As for the interest i used an imaginary date in Dec 02 (middle of the period June 01 - June 04) and worked out interest on a standard charge for that particular day. Then multiply that figure by number of charges for that period, ie total amount of estimated charges for that period divided by 20. All gets a bit confusing but can PM my workings if your interested for help.


  8. #8
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    Default Re: Schedule of Charges (estimated ???)

    Groundzero - I was successful with my first claim which was purely actual charges made (I kept the statements).

    Now on my second claim (for my wife) I've just included an estimated amount for the period they won't give me statements for. Advice I've read on other threads was as long as there is logic to your estimate, it should be ok.

    My logic was that she'd had the card for the same period before May 2004, as since. Therefore I calculated actual charges since May 2004 and then doubled it for the total claim.

    To me the purpose of the estimate is not to say 'this is what you owe me', rather its to say 'prove me wrong and give me the actual figures you swines'.
    I know they won't give me more than I'm due so hopefully it will make them reveal the actual charges.

    I clearly stated on the letter the figure for 'actual' and the figure for 'estimated' - so we'll wait and see what response it gets

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10

  9. #9
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    Default Re: Schedule of Charges (estimated ???)

    Hi Groundzero, i will be very daring an estimate all months where i have been refused any data as having incurred a charge! Not really based on the info i do posses, but if they would like to play fair i'm willing. I'll let you know what happens, but it will be a while, as i will be sending my prliminary letter very soon.


  10. #10
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    Default Re: Schedule of Charges (estimated ???)

    Quote Originally Posted by Mr Chips
    Hi Groundzero, i will be very daring an estimate all months where i have been refused any data as having incurred a charge! Not really based on the info i do posses, but if they would like to play fair i'm willing. I'll let you know what happens, but it will be a while, as i will be sending my prliminary letter very soon.
    lol, thats actually a good idea, wish i'd thought of doing that before sending my request for payment in

    could claim that they believed they weren't supplying the statements because they were hiding the charges.

    If you'd had a bad year though, you may be lowering your own estimate as 1 fine a month x 12 =360.00 avg , but if the last year which you do have statements for is more than this amount you'd be better off multiplying by 6 surely?


  11. #11
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    Default Re: Schedule of Charges (estimated ???)

    I worked out my average monthly charge from the statements I received and then multiplied it by the amount of months missing statements. I entered the average charge on the spreadsheet for the 28th of each month that was missing so I could apply interesticon. Just waiting for them to acknowledge my mcol now.

    Lisa x

    NatWest: MCOL 16/08/2006
    AQ's - copy received from Cobbets 07/10/06
    offer received: 14/10/06
    FULL AMOUNT RECEIVED TODAY (1st Nov)


    Citicards: LBA sent 05/10/06

    Baclaycard: MCOL 07/09/06
    Defence filed on deadline


    Claims settled in full are:
    Sainsburys Bank
    Mint (RBOS)
    Style store card (RBOS)
    Natwest Mastercard
    Marbles (HFC)
    HSBC
    MBNA

  12. #12
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    Default Re: Schedule of Charges (estimated ???)

    Yes, what you say about missing out could be true, as you could incurr multiple or higher charges in the months not known. I'm hoping if it gets to judge stage the judge will understand why i have made the maximum estimation for my particular case !!


  13. #13
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    Default Re: Schedule of Charges (estimated ???)

    I too am forced to estimate the charges on barclaycard and will be seeking the unlimited range of charges on the account as I feel they have voided the 6 year protection on grounds of concealment.

    I have a line in my letter from Barclaycard saying that they only began to make charges in "mid 2001". Is this true??? I would like to estimate back to the mid 90's.

    All done I think

  14. #14
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    Default Re: Schedule of Charges (estimated ???)

    Hi, about the charges only from mid 2001 - i'm sure i have read other posts on this site where this has been disproved, because someone has written proof that they incurred a charge before hand. Maybe they don't mean what you think they mean - maybe they are talking about a specific charge not being levied before mid 2001 ???

    The Biter Bit !


  15. #15
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    Default Re: Schedule of Charges (estimated ???)

    Mr Chips,

    I think they mean something very close to what I think they mean, which is exactly the same as you have said. I would be interested to how close to ***** (self Censored) they actually are, I'm guessing that the line is stretched to the limit but not crossed.

    What do you reckon a word changed or a whole paragraph.

    All done I think

  16. #16
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    Default Re: Wot charges to claim ???

    Quick update................... ....

    After receiving my statements with the microfiche bull i sent a estimated request for repayment of charges along with a schedule of charges on 21/09/06 , just received today the usual 'im very sorry to learn of yous dissatisfaction letter' so will wait till the 14 day deadline this friday and will send lbaicon with schedule of charges.:grin:


  17. #17
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    Default Re: Wot charges to claim ???

    Quick update,

    lbaicon sent on 09/10/06 with schedule of charges again , watch this space..................


  18. #18
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    Default Re: Wot charges to claim ???

    Right, 14 day lbaicon deadline was up yesterday (23rd) and haven't heard anything so gonna start MCOL today.................... .watch this space:grin:


  19. #19
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    Default Re: Wot charges to claim ???

    Just a quick thought.................. ....

    Iv'e had a number of calls the last couple of weeks from a 0800 (guessing its Barclaycard) number so my other half says but theyv'e said they'll call back me back when i'm in as ususally at work all day...................

    Get a call last night at 7.20pm from Barclaycard asking how i am and then the chap starts coughing and then it cuts off...................... .....

    Anyone else out there had any calls from Barclaycard whilst going through a claim against them ???

    Perhaps there going to offer me a full refund of my charges before i start MCOL ???


  20. #20
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    Default Re: Wot charges to claim ???

    "Get a call last night at 7.20pm from Barclaycard asking how i am and then the chap starts coughing and then it cuts off...................... ....."

    The poor fellow is clearly in a worse state than you are, judging by his health!

    Kind of him to show concern for yours though!

    This buffoon like behaviour is, I believe a odd attempt by Barclaycard or some chimp acting on their behalf, to test whether you are at the address they have on your lbaicon.

    If you get anymore calls from these muppets, send them this letter.

    **your address**

    **their address**

    **date**


    Re: Harassment by telephone


    Dear Sir/Madam

    I am writing to express my serious concerns regarding the telephone calls that I have received from your company.


    I have written and requested that these stop, but I am still receiving calls.

    I am now formally requesting that all further correspondence be made in writing only.

    I demand that these phone callsicon stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997 and I believe your harassment places you in breach of these acts.


    If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.
    I would be grateful if you could investigate this situation immediately and rectify it without delay, as I am willing to be a witness in litigation against Barclaycard if necessary and Police involvement will not be ruled out.
    These are criminal offences and your Consumer Credit Licence will not protect you from charges.


    I will deem you to have been served notice of this instruction by **2 days after you post it**, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.



    Yours faithfully,




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