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 Help required: credit card claim

    Guys

    Hi. I've been around for a while - thus far my efforts have primarily concerned bank charges - but this is my first post regarding my Barclaycard.

    Needless to say, I'm pretty well versed in all the issues regarding bank charges and I've done a fair bit of reading on credit card charges to which, clearly, many of the same principles apply.

    I had a Barclaycard acount from 1995-2000 and, fortunately, I still have all the statements so I haven't had to go chasing them.

    I'm aware Barclaycard will, in all likelihood, argue the statute of limitationsicon applies but confident I can demonstrate this is not the case. I do, however, have one or two other questions with which I would appreciate the forum's advice.

    (1) I've read in a few places that Barclaycard say they didn't apply any charges before 2001 yet I have 'out of order fees' - ranging from £10-£40 - dating back to 1995. It seems to me that, whatever Barclaycard might claim, these are, clearly, fees and, as such, unlawful... would anyone disagree?

    (2) In addition to the return of the fees, it's my understanding there is - in light of Sempra - a clear basis for asking for compound interesticon, at the rate charged by Barclaycard, on the basis of unjust enrichmenticon. Again, unless that is, anyone knows better?!

    (3) If I'm justified in asking for compound interest on the fees unlawfully levied on my account, should I compound the interest between: (a) the date of the charge and the date of settlement, or; (b) the date of the charge and the date on which I my Barclaycard account was paid up in full?

    (4) The consensus seems to be that I should send my lbaicon to: Barclaysicon Bank Plc (trading as Barclaycard), 1 Churchill Place, London, E14 5HP. Would everyone agree that, in the first instance at least, that is the best address to correspond to?

    Thanks in anticipation of your help and co-operation
    Fred-Funk

    Similar Threads:
    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  2. #2
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    Default Re: Help required: credit card claim

    Thread moved to Barclycard forum.






    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 Re: Help required: credit card claim

    Quote Originally Posted by Fred_Funk View Post
    Guys

    Hi. I've been around for a while - thus far my efforts have primarily concerned bank charges - but this is my first post regarding my Barclaycard.

    Needless to say, I'm pretty well versed in all the issues regarding bank charges and I've done a fair bit of reading on credit card charges to which, clearly, many of the same principles apply.

    I had a Barclaycard acount from 1995-2000 and, fortunately, I still have all the statements so I haven't had to go chasing them.

    I'm aware Barclaycard will, in all likelihood, argue the statute of limitationsicon applies but confident I can demonstrate this is not the case. I do, however, have one or two other questions with which I would appreciate the forum's advice.

    (1) I've read in a few places that Barclaycard say they didn't apply any charges before 2001 yet I have 'out of order fees' - ranging from £10-£40 - dating back to 1995. It seems to me that, whatever Barclaycard might claim, these are, clearly, fees and, as such, unlawful... would anyone disagree?

    (2) In addition to the return of the fees, it's my understanding there is - in light of Sempra - a clear basis for asking for compound interesticon, at the rate charged by Barclaycard, on the basis of unjust enrichmenticon. Again, unless that is, anyone knows better?!

    (3) If I'm justified in asking for compound interest on the fees unlawfully levied on my account, should I compound the interest between: (a) the date of the charge and the date of settlement, or; (b) the date of the charge and the date on which I my Barclaycard account was paid up in full?

    (4) The consensus seems to be that I should send my lbaicon to: Barclaysicon Bank Plc (trading as Barclaycard), 1 Churchill Place, London, E14 5HP. Would everyone agree that, in the first instance at least, that is the best address to correspond to?

    Thanks in anticipation of your help and co-operation
    Fred-Funk
    Hi Fred
    In answer to your Qs:
    1) I have a claim ongoing for 2000/01 with fees corresponding to these named, I partularly like the 'Out of Order' fee!
    2) I have requested return of the rate applied to each of the fees I paid to B/card
    3)Compounded to date of settlement
    4)That's absolutely right ...

    Good luck


  4. #4
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    Default Re: Help required: credit card claim

    Quote Originally Posted by Paintball View Post
    2) I have requested return of the rate applied to each of the fees I paid to B/card
    Paintball

    Thanks for responding. It's good to know I'm thinking along the right lines.

    Be that as it may, could you, please, elaborate on precisely what you mean by your response, above.

    Fred_Funk

    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  5. #5
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    Default Re: Help required: credit card claim

    Hi Fred and sorry replies to your post are thin on the ground.

    1) I too have older state's that show Out of Order Charge of £15 which I'm attempting to reclaim.

    2) Haven't got my head round compound and/or contractual int't yet but the advanced spreadsheets here - http://www.consumeractiongroup.co.uk...eadsheets.html have a spreddy for advanced calcs for credit card claims.

    3) See above.

    4) I would send the Prelim letter and lbaicon to your BC address from your state't. The address you quote is for the Litigation Team and you're not litigating yet.

    Slick


  6. #6
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    Default Re: Help required: credit card claim

    Quote Originally Posted by Fred_Funk View Post
    Paintball

    Thanks for responding. It's good to know I'm thinking along the right lines.

    Be that as it may, could you, please, elaborate on precisely what you mean by your response, above.

    Fred_Funk
    Fred

    A rate of interesticon was applied to each charge and I have included this in my claim, compounded daily to the settlement date.

    HTH Painty



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