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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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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    Thumbs up Hi

    Hello Everybody

    Just joined and thought I would say Hi!

    Barclaycard have recorded a late payment on my credit file 4 months ago and I think it is messing up my chances of getting a decent APR on a loan I want. As the missed payment was only a one-off for £11.50 which was paid the next month I am hoping to get it deleted off my record. I have written a polite letter to Barclaycard and was wondering if I posted it if someone could give it the "once over" to see if it takes the right tone and that I haven't said anything stoopid!

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  2. #2
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    Default Re: Hi

    Hello Darwood.

    Welcome to CAGicon. By all means post the letter for us to go over. Post it on your own thread in the Barclaysicon forum, just leave out the personal details like account numbers etc. You will be surprised how many we see. Before you start the process of getting your charges back, please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

    Then look at other threads in your bank’s forum, so as you know what you can expect to happen.

    You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interesticon, save it in your Favourites, so as you can always find it easily.

    There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

    Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

    When you feel confident that you understand the process and the various stages involved, start a new threadicon in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

    If you any questions please do come to the forum and we will only be too happy to help you!

    Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

    All the info to get you started is here:
    http://www.consumeractiongroup.c o.uk...se-read-these/

    There are more links below to assist you get around the site.

    Good luck

    Ukaviator


  3. #3
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    Default Re: Hi

    Thank you ukaviator

    I will do as you advise.
    Fortunately when I phoned Barclaycard at the time they agreed to refund half of the late payment fee. I explained that there wasn't one shown on the statement but the guy I spoke to was quite insistent one would appear and refunded me anyway. As far as I can tell it never has appared so thank you Barclaycard I can't be doing with telling them they have given me £6 for nothing as that is surely their job to realise. Not to mention that last time I explained that they had undercharged me they kept getting it wrong and ended up making a right mess of the account (debits, credits, refunds and all sorts of stuff ) all for £1.50!

    BTW That link in your post doesn't seem to work. Is it just me?


  4. #4
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    Default Re: Hi

    Another thing you could do is get hold of your credit files and see who has it.

    There are 3
    Experian
    Equifax
    Mycall credit
    send them 2.00 each its worth doing.
    You are entitled to add a notice of correction yourself if you are in dispute with anything there.
    The credit reference agencies are obliged to furnish you with the contact details of the person you need to contact.
    This will be given to you with youtr file and is a good way of getting the info......saves lengthly communications with the Banks and goes straight to the right department.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.
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  5. #5
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    Default Getting missed payment removed from credit file?

    Hi Guys

    I have recently become aware of a missed payment recorded by Barclaycard 4 months ago on my credit file with experian. I haven't checked the other CRA's but I'm assuming as they information share it will be on them all.

    The missed payment was on an outstanding balance of £11.50 as I thought my wife had paid it and vice versa. I immediately phoned Barclaycard when the next statement showed the missed payment and sorted the matter out. They refunded me half of the missed payment charge which never materialised anyway and I paid the outstanding amount off as discussed and even setup a direct debiticon to pay off the card in full each month so it couldn't happen again. I had no idea about the missed payment being flagged on my credit file until I applied for a loan recently and have since verified it via experian. Considering the small amount involved and the quick amicable settlement, logging the missed payment seems somewhat draconian.

    In any event I am hoping to get the missed payment removed from my credit file. I phoned Barclaycard to discuss the matter and they said I must write to head office. I will post the letter I am proposing to send below and was wondering if someone could give it the "once-over" please to see if the wording is good and make sure I haevn't said anything stoopid! As I'm sure I could get a much better credit card elsewhere I wonder whether I can put any pressure on Barclaycard to remove this missed payment record. I am a long-standing Barclaysicon and Barclaycard customer that is becoming increasingly disenfranchised with a company that seems to always take and never give. Looking at other posts on the internet it seems one option open to me might be to close the account and then use Data Protection Act to say they can't process the information anymore. I will try a polite letter first as below but want to make sure I don't mess things up. Is there a certain amount of time within which they must reply to this letter?

    Proposed letter:
    Customer Services
    Barclaycard
    Barclaycard House
    PO Box 5592
    Northampton
    NN4 1ZY

    Recorded Delivery


    15th August 2007



    Re: Missed Payment on Credit File




    Card Number: xxxx-xxxx-xxxx-xxxx



    Dear Sirs


    After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Late Payment" notice against my account 4 months ago. This appears to be on the mastercard (£1100 credit limit) credit card that I hold with yourselves of which my wife (named) is an additional card holder.


    The missed payment was on an outstanding balance of only £11.50 which I thought my wife had paid and vice versa. I immediately phoned you when the next statement showed the missed payment and sorted the matter out. No charge was made for the missed payment and I paid the outstanding amount off as discussed and even setup a direct debit to pay off the card in full each month so it couldn't happen again. I had no idea about the missed payment being flagged on my credit file and was not notified of such.


    Considering the small amount involved and the quick amicable settlement, logging the missed payment seems somewhat over-the-top. In the current economic climate where there is fierce competition for credit-card customers I am a little surprised at this treatment of one of your valuable customers. I would like to remain a Barclaycard customer but am asking for some co-operation on your part. Aside from this one-off missed payment I am pretty sure I have an long excellent track-record with you of repaying debt on time and I have proven myself a responsible borrower. As you can no doubt see I also have a Visa card with Barclaycard along with several Barclays Bank accounts including personal and business current accounts & savings most of which I have held for over 10 years. I would trust that my business is of some worth to Barclaycard and the rest of the Barclays Plc group.


    As this missed payment if affecting my credit file I would therefore ask that as a gesture of goodwillicon you immediately remove this missed payment record from my credit file (and my wife’s if applicable) with all CRAs (Credit Reporting Agencies) that you use including Experian and confirm in writing to me that this has been done.


    I would appreciate your response within 28 days. My contact details are on the reverse of this letter.


    Yours faithfully


  6. #6
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    Default Re: Hi

    Thank you MARTIN3030
    I have got my experian report using their 30 day free trial. As they info share I'm assuming the other 2 will hold the same. Is it worth getting them all anyway?
    The notice of correction sounds a good idea but my 2 concerns about a notice of correction are:
    1. If Barclaycard do respond nicely to a polite request to remove it, then it's going to cause a right 'kefuffle' when the CRA tries to add a notice to a late payment that no longer exists?
    2. By adding a notice of correction am I implicitly saying I agree with their right to store this information. If the polite letter fails my plan B was going to be attacking the CRA's right to hold this information under the DPA.

    On the other hand if Barclaycard take ages to reply then my 30 day trial will be up and I will have to start all over again to get my credit report and post a notice of correction. Argh I'm so confused!

    PS. Started my own thread now on this in http://www.consumeractiongroup.co.uk...t-removed.html


  7. #7
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    Default Re: Getting missed payment removed from credit file?

    Quote Originally Posted by Darwood View Post
    Hi Guys

    I have recently become aware of a missed payment recorded by Barclaycard 4 months ago on my credit file with experian. I haven't checked the other CRA's but I'm assuming as they information share it will be on them all.

    The missed payment was on an outstanding balance of £11.50 as I thought my wife had paid it and vice versa. I immediately phoned Barclaycard when the next statement showed the missed payment and sorted the matter out. They refunded me half of the missed payment charge which never materialised anyway and I paid the outstanding amount off as discussed and even setup a direct debiticon to pay off the card in full each month so it couldn't happen again. I had no idea about the missed payment being flagged on my credit file until I applied for a loan recently and have since verified it via experian. Considering the small amount involved and the quick amicable settlement, logging the missed payment seems somewhat draconian.

    In any event I am hoping to get the missed payment removed from my credit file. I phoned Barclaycard to discuss the matter and they said I must write to head office. I will post the letter I am proposing to send below and was wondering if someone could give it the "once-over" please to see if the wording is good and make sure I haevn't said anything stoopid! As I'm sure I could get a much better credit card elsewhere I wonder whether I can put any pressure on Barclaycard to remove this missed payment record. I am a long-standing Barclaysicon and Barclaycard customer that is becoming increasingly disenfranchised with a company that seems to always take and never give. Looking at other posts on the internet it seems one option open to me might be to close the account and then use Data Protection Act to say they can't process the information anymore. I will try a polite letter first as below but want to make sure I don't mess things up. Is there a certain amount of time within which they must reply to this letter?

    Proposed letter:
    Customer Services
    Barclaycard
    Barclaycard House
    PO Box 5592
    Northampton
    NN4 1ZY

    Recorded Delivery


    15th August 2007



    Re: Missed Payment on Credit File





    Card Number: xxxx-xxxx-xxxx-xxxx



    Dear Sirs


    After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Late Payment" notice against my account 4 months ago. This appears to be on the mastercard (£1100 credit limit) credit card that I hold with yourselves of which my wife (named) is an additional card holder.


    The missed payment was on an outstanding balance of only £11.50 which I thought my wife had paid and vice versa. I immediately telephoned you when the next statement showed the missed payment and the matter was resolved. No charge was made for the missed payment and I paid the outstanding amount off as discussed and even setup a direct debit to pay off the card in full each month so it couldn't happen again. I had no idea about the missed payment being flagged on my credit file and was not notified of such.


    Considering the small amount involved and the quick amicable settlement, logging the missed payment seems somewhat extreme. In the current economic climate where there is fierce competition for credit-card customers I am a little surprised at this treatment of one of your valuable customers. I would like to remain a Barclaycard customer but am asking for some co-operation on your part. Aside from this one-off missed payment I am sure that I have a long excellent track-record with you of repaying debt on time and I have proven myself a responsible borrower. As you can no doubt see, I also have a Visa card with Barclaycard along with several Barclays Bank accounts including personal and business current accounts and savings most of which I have held for over ten years. I would trust that my business is of some worth to Barclaycard and the rest of the Barclays Plc group.


    As this missed payment is showing on my credit file as a negative marker and already affecting my creditworthiness, I would therefore ask that as a gesture of goodwillicon you immediately remove this missed payment record from my credit file (and my wife’s if applicable) with all CRAs (Credit Reference Agencies) that you use including Experian, Exquifax and CallCredit and confirm in writing to me that this has been done.


    I would appreciate your response within 28 days. My contact details are on the reverse of this letter.


    Yours faithfully
    Hi Darwood
    I'm in the process of having adverse marker data removed from my credit file, and it seems very easy for companies to log one missed payment on a file without informing the customer that this has happened. As you've discovered, late payment flags on your credit file do have an impact on your creditworthiness as far as other companies go, and until you make a regular audit of your file, you can be unaware that this is happening!!

    Great letter, and I like the reasonable stance you have taken in offering them the opportunity to make a goodwill gestureicon. I've taken the liberty of making some minor changes (highlighted in red) and would suggest that you send it by registered post. If they decline your request, then I guess a letter before actionicon (including closing the account) is the next stage and after that, a formal notice for them to desist processing or disclosing personal subject data ... but that's another story :o

    HTH Painty xox


  8. #8
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    Default Re: Getting missed payment removed from credit file?

    Hi Painty

    Thanks for the encouragement. I hope you get your adverse marker removed.

    Nice changes too. I will implement them all. I don't know anything about letter before actionicon etc but I will see what they say before I investigate any further.

    I was quite surprised when I came to writing this letter that there doesn't seem to be a template available already. Do you think that if I get a successful outcome there is some merit in <george bush> templatising </george bush> this letter for others to use when trying to get adverse markers removed?

    PS. Like the lipstick!


  9. #9
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    Default Re: Getting missed payment removed from credit file?

    Thank you, it's Chanel's red lipstick in "Bank-buster red" which I think appropriate for the work I do at the moment asserting my consumer rights

    Re the negative marker data scenario, there's more to this than meets the eye m'dear! It can sometimes be difficult to get banks to remove info from your credit file and I would suggest that you expect the worst. If they cave in straight way, great and I will be the first (after you) to let out a mighty cheer!!

    Read the FAQs on the front page of this site and have a look in the templates libraryicon so that you can see what's what. Also, go to the Legalities Section and you will see many posts on a similar topic. There is a sticky there posted by SurlyBonds which gives info on removing Defaults using the S10 Notice and I have used this to get 2 Defaults removed with one more to go. I have also modified the letter to request the removal from my credit file of rash of late payment markers with another bank ...

    My advice from experience is, always be prepared for the next stage and keep to your timescales, that way they can see that you mean business ...

    Good luck xxx


  10. #10
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    Default Re: Getting missed payment removed from credit file?

    Actually, just realised that you have already read the Templates etc. OOps!


  11. #11
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    Default Re: Getting missed payment removed from credit file?

    Threads merged.






    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.

  12. #12
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    Default Re: Getting missed payment removed from credit file?

    Good Morning Mr Darwood

    Gosh, that makes you sound like a character in a Jane Austen novel

    Anyway, I've modified your letter for my own use, and sent it off to various companies (four) for removal of late payment markers. I'll let you know what the responses are ...


  13. #13
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    Default Re: Getting missed payment removed from credit file?

    sub


  14. #14
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    Default Re: Getting missed payment removed from credit file?

    Hi Darwood. Any news on this?


  15. #15
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    Default Re: Getting missed payment removed from credit file?

    a very polite letter back saying NO!

    I'm letting it drop as I don't think it's hurting my credit file too much and the overall effect of the 2 credit cards I have with Barclaycard on my file is probably positive.



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