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

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  1. #1
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    Default Calder Financial/Barclaycard

    My debt of £3.5K with Barclaycard was passed to Calders, who caught me on an off moment. I ended up paying them 50% of the debt. I now realise that was a mistake, and should have CCA'd them and also gone after £1.5K of charges.

    Can I now reclaim these charges, even after I agreed a Full and finalicon settlement with them?

    Similar Threads:
    Started the Fightback - Jan 2008

  2. #2
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    Default Re: Calder Financial/Barclaycard

    Hi CC,

    Even if BC couldn't supply a valid Credit Agreement, that would only mean the debt was unenforceable in a court.

    You can't claim rep't of the chgs - they would simply reduce the debt that you owed to BC.

    IMHO, there's nothing more for you to do now.

    Slick

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

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  3. #3
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    Default Re: Calder Financial/Barclaycard

    But if I agreed a Full and finalicon settlement with Calders (debt collectionicon Agency) over the debt I owe (Or thought I owed). They then will make on the deal. Surely then I can chase Barclaycard for the illegal charges?

    Started the Fightback - Jan 2008

  4. #4
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    Default Re: Calder Financial/Barclaycard

    Hi CC,

    The charges are unlawful but you didn't pay them anyway so cannot reclaim them. The money was owed, whether to BC or the DCAicon.

    Total owed to BC/DCA 3500
    Less unlawful chgs 1500
    Debt 2000
    Less paid in F&FS 1750
    Your net gain 250

    (Sorry about layout - best I could do)

    If you'd CCA'd BC or DCA, the outcome may have been different, but only because you could avoid repaying money which you borrowed and owed on a technicality.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  5. #5
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    Default Re: Calder Financial/Barclaycard

    I believe that other people have reclaimed their charges back following a settlement. What's to say that any money I paid to them hadn't been for the charges that were wrongly charged, particulary in previous years when I had cleared balances which included the unlawful charges?

    Started the Fightback - Jan 2008

  6. #6
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    Default Re: Calder Financial/Barclaycard

    Hi CC,

    If I'm wrong, I'll be perfectly happy to admit it.

    Please point me to the cases you refer to and I'll read them. If others disagree with me, I hope they'll post here so we can all learn.

    I'm just looking, realistically, at the overall picture whereby you have still paid BC/DCAicon less than you borrowed after taking into a/c the unlawful chgs.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  7. #7
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    Default Re: Calder Financial/Barclaycard

    Hi CC,

    Saw this and thought it was better put than my own fumblings - well it would - it comes from a top Moderator !

    http://www.consumeractiongroup.co.uk...ml#post1379162

    Take a look - it may help explain better than I could.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  8. #8
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    Default Re: Calder Financial/Barclaycard

    Donnt be stupid. Asking for your credit record is a away of the the credit companies making sure that they comply with the consumer data credit act by keeping their records up to date under the data protection act. Do you really want to help them...or give yourself a way of discredeting them...they donny know you they only think they know you based on averaged postal statistics............... ....this government supports bad banking practices....****.. donnt help them


  9. #9
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    Default Re: Calder Financial/Barclaycard

    Hi Smootch and welcome to CAGicon.

    A CCA request is a formal means of requesting your credit agreement and has little to do with your credit record.

    It is a powerful tool in ascertaining if a creditor had an enforceable credit agreement. You'll find pleanty about this in the Debt Forums.

    Please also read the site rules about posting.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  10. #10
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    Default Re: Calder Financial/Barclaycard

    They have no right to ask for payment...give them a pound a month , i know of 6 credit cards that are accepting a £1 a month payment for debts over £10000....they have NO right of entry.Dont insult me by giving me links to look at...This is england...oh yes where conservative MPs get arrested for saying the truth under the CC act yes the CC act...get real


  11. #11
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    Default Re: Calder Financial/Barclaycard

    Hi again Smootch,

    Here's a link for you to look at the site rules about posting - http://www.consumeractiongroup.co.uk...ease-read.html

    ......conservative MPs get arrested for saying the truth under the CC act yes the CC act...get real
    Sorry, I'm not sure what act you're referring to, as I thought the MP was arrested for possibly breaching the Official Secrets Act.

    I was refering to a formal request for a valid Credit Agreement using the Consumer Credit Act 1974 or CCA. Here's another link you could look at - http://www.consumeractiongroup.co.uk...ct-1974-a.html

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE