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.
I have been persuing a claim for charges with Barclaycard.
I cca'd and SAR'd them a year or so ago which they chose to ignore. I did not have any paperwork regards my account and the only real details I had was from a default they had placed on my credit file.
I phoned the DCA that was supposedly dealing with the account and explained to them they had committed a criminal offence, trading standards bla bla bla and they apologised and removed the default.
I managed to find the account number eventually then decided to send Barclaycard an estimate of bank charges at around 4k as they would not give me the info required thinking it would push them to send the documents.
Barclaycard sent one of their standard letters basically saying on your bike so I took the next step and issued court proceedings.
I had a notice from the court saying that due to the oft case next year my claim would be stayed whilst awaiting the outcome.
I was fuming as I know they should not be taking this action against a credit card account. I wrote to the court and explained hoe they had taken the wrong action and this was wrong- it should go for listing.
I had a letter back from the court saying that if I wanted the stay lifted I had to pay another £65 and make an application to the court.
I did just that, now I get a letter from the court saying :
The District Judges have asked me to draw to the attention of you and other applicants the decision of HHJ Hughes in Winchester county court (7QT04849) and of HHJ Behrens in Leeds Mercantile Court (7LS40812) on 29th Auguts 2007 and which have concluded that such stays would normally continue.
The decision of HHJ Behrens was made in the high Court and is therefore binding on this court.
You are also cautioned that an order for costs might follow if an application was unsuccessful. If you do not wish to proceed with your application for the stay to be lifted you may wish to write to the defendant accordingly to avoid unnecessary attendance in court.
What the hell, I thought the oft case was purely linked to bank accounts and not credit cards? Barclaycard ignore requests for information, treat people with contempt and the court sides with them.
I have paid for a county court summons due to Barclaycards avoidance of the issues, the court sets it aside. I have to pay another fee which is gladly cashed and now the court says if I go ahead I will probably lose and have to pay costs??
Advice please.... Do I continue and how should I approach this?
Me -vs- Halifax Charges settled £1074.00
Me -vs- Woolwich (Barclays) they offered 1/3 of my claim so refused/court papers served...
Me -vs- Lloyds TSB claimed £500 settled
Me -vs- Barclaycard cca sent/expired Debt Written Off
Me -vs- Barclaycard estimated charges £4000
Me -vs- Barclays Charges £250 Settled
Me -vs Cabot cca sent/expired
Me -vs- Capital 1 offered partial refund
Me -vs- Halifax Charges settled £1074.00
Me -vs- Woolwich (Barclays) they offered 1/3 of my claim so refused/court papers served...
Me -vs- Lloyds TSB claimed £500 settled
Me -vs- Barclaycard cca sent/expired Debt Written Off
Me -vs- Barclaycard estimated charges £4000
Me -vs- Barclays Charges £250 Settled
Me -vs Cabot cca sent/expired
Me -vs- Capital 1 offered partial refund
I was part of the Leeds case on the 29th Aug,and it was all current accounts,as far as I can remember, approx 120 of them,and the Court ruling is on this site,under Leeds Merchantile Court 29th Aug.
I also read on here somewhere that CC claims are applied for now under Common Law,and not the same one as used for the Banks....But someone hopefully will put you right when they get a chance.
Me -vs- Halifax Charges settled £1074.00
Me -vs- Woolwich (Barclays) they offered 1/3 of my claim so refused/court papers served...
Me -vs- Lloyds TSB claimed £500 settled
Me -vs- Barclaycard cca sent/expired Debt Written Off
Me -vs- Barclaycard estimated charges £4000
Me -vs- Barclays Charges £250 Settled
Me -vs Cabot cca sent/expired
Me -vs- Capital 1 offered partial refund
The OFT have already made a final decision about credit card charges and they clearly said that anything above £12 would have to be closely looked at / justified ( although some companies seem to feel this is saying they can charge £12 which it isn't ).
I would be inclined to ask to speak to the court manager at your local county court and explain what has happened and how you should proceed.
That's certainly my thought but maybe someone else will be along with another idea - let us know how you get on
Suggest you look at the link below,ref getting your CC charges back
it has letter templates,and you should be able to ascertain a course of action from all the info on there,both for your Court and BC themselves.Hope that helps.
Barclaycard- claimants application
'd them a year or so ago which they chose to ignore. I did not have any paperwork regards my account and the only real details I had was from a default they had placed on my credit file.
Reply With Quote
