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.
OK. My journey against B'card started about two months ago. Every letter I've sent has originated from CAG's library, edited to reflect my personal circumstances.
My charges relate to two B'card accounts amounting to £192 on one and £160 on the other account - not a lot compared with some but it's my money.
In order to speed things up, in my prelim letter, I offered to accept £325 in Full and final settlement because it appeared in some cases that they were settling sooner nowadays and it meant it saved me hassle of doing the N1 etc etc. I told them that my offer to settle for £27 less than the full amount would cease with the issue of the lba. I further reminded them that it would also save them some £80 interest if I went as far as filing at Court.
I received the acknowledgment letters for each account with the usual content but stating that £64 and £72 would be credited to the respective accounts being the £8 difference between charges then and charges now. The £64 was credited to one account, as promised, at the end of October but to date the £72 still hasn't been credited to the other account some four and a half weeks later. I sent off the acceptance letter but told them that I would be pursuing them for the rest blah blah blah.
Sent off the LBA and checked my accounts on-line to discover that the remaining £96 from the first account had been credited so that's one account refunded in full whilst the £192 I'm chasing for the other account has not been touched, even though I have a letter from them dated the same day as the letter from the settled account that they would be crediting £72 to it. I have since sent them a letter outlining this and asking for clarification at their earliest possible convenience.
On the same day as I sent that last letter, I phoned Barclaycard on the number that was at the top of their letters to me and left an answerphone message thinking that there's no chance they would be getting back to me but, I had to swallow my words when someone DID phone me back. I related the story above as the lady I spoke to was very nice and explained that, even though the letter was addressed to her office, it would be forwarded to another department for actioning but she asked that I did not rush them as - and I quote "I'm sure you'll get what you want in your letter".
What I don't want to see happening is my filing my N1 on the same day that they reimburse me either partially or in full. they have credited my first account on the days when I was sending out the LBA and two days before I was due to file at Court. I don't know where I would stand, getting my Court fee back, if I filed one day and they credited the same day. Any comments/advice please?
Welcome to the BC forum and glad to see you've started your own thread.
If I get the picture, 1 a/c is settled to your satisfaction but the other for which you're reclaiming £192 is outstanding and they've refunded nothing for this a/c.
You don't say WHEN you replied to them asking why no refund had been made in respect of the 2nd a/c. If it was more than 7 days ago, bearing in mind you've already sent lba in respect of this a/c, you can proceed and File N1 at court.
If you want to give them a chance to settle on the 2nd a/c without Filing your Claim, why not send them a fax or email saying you give them a further 7 days to refund the £192 in full or you'll File proceedings without further notice.
If they settle on the same day by some wierd coincidence, that's BC's problem for not sorting it quicker, and you'll get s.69 interest and court fees on top.
Some may say File at court without further delay as you've already given them fair warning.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Ychafi vs Barclaycard
's library, edited to reflect my personal circumstances.
settlement because it appeared in some cases that they were settling sooner nowadays and it meant it saved me hassle of doing the N1 etc etc. I told them that my offer to settle for £27 less than the full amount would cease with the issue of the lba
. I further reminded them that it would also save them some £80 interest
Reply With Quote
