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.

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  1. #1
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    Default My Mum v Barclaycard x 2

    Please can somebody help me. This thread is HUGE and I have got lost trying to keep up with it!

    I am trying to sort the financial mess my Mam & Dad have gotten themselves into. Requested Copy CCA from Barclaycard. They sent me back two credit card application forms that my parents had completed. One of tehm does mention the Credit agreement regulated by the CCA 1974 (which they took out in 1995).

    the other is just an application for from 1977! No reference to the CCA whatsoever in the conditions of use section or the application itself. Should I write back to them? If so what shall I say?

    They also have a loan and CC with the CO-OP from about 1992 that I have CCA requested on over 14 days ago, plus my parents have requested copies of the agreements on numerous occassions over the phone. THey have not responded. WHat is my next step please? I just want to make sure I get this one right for them.

    Neither of them work, they are both retired and in ill health and you would not beleive the lenders that have let them keep borrowing and they now have no way to pay it all back! Any other suggestions on how to help them gratefully received!!:grin:

    Similar Threads:

  2. #2
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    Default Re: My Mum v Barclaycard x 2

    Ok I have the copies of the application ready to put up. Can Somebody let m eknow hoe to do it or I cam PM them to you?


  3. #3
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    Default Re: My Mum v Barclaycard x 2

    Hello Manicblone!

    If you visit Photobucket.com, it's Free to set-up an Account.

    I'd use a name that is not related to your name, or your ID here for that matter. You then select a Password, again, just make a note of that as well as your Photobucket User Name. I find Passwords a pain, so need to keep a List of them, as can never remember them 6 Months later!

    Once Logged in, Photobucket allows you to just Select an Image File from your PC, and then you upload it. There are options to name the Image, and it's all pretty easy.

    Then you can link the Image to here in a few ways, as Photobucket will show you the Image's URL, or you can I seem to remember just Right Click the Image over on Photobucket, and do Properties, and you can see the Images URL that way as well.

    To link, just Paste the Image into a Message here on CAGicon (Copied from Photobucket while on screen), or just add some Text to a Message here like, say, the word HERE. Then Select that Text, and then click on the CAGicon Message URL Icon (i.e. the little World icon with a little Chain Link to the Bottom Right), a box will Open, and you just paste the URL into that.

    Remember that when composing Messages here on CAG, you can Go Advanced, and then Pre-View your Message before Posting them. Just keep adjusting the Message until it looks how you want it to look, and if the Link works as you hope, then Post the Message.

    You can always Edit any Message, so if it does go wrong, you can have another go. But best to Test it first via the Advanced Message/Preview option to get it right before Posting.

    Please DO REMEMBER to blank out any Personal Information from the Image. Do that BEFORE uploading anything to Photobucket. You can do that via any Application that can Open the Image, that then allows you to cover up these details and Save As a copy. Upload the Copy with the Important Bits removed to Photobucket.

    If you can't do that, then just re-scan the Documents. But use bits of Post-It Notes, and cover up the details that way, and then re-Scan the Documents when nothing Private is showing. Main things to cover are Name/Address, Account Number and any Signatures.

    I hope this helps. I may not be here all the time so, if you need more help, someone else will jump in I'm sure. I'll help if I see your Message in time.

    Cheers,
    BRW


  4. #4
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    Default Re: My Mum v Barclaycard x 2

    OK, set up my photobucket thingy. The document is saved as a PDF and it won't let me upload it!!!!

    How can I do this?

    OMG I feel so stupid!:cry:


  5. #5
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    Default Re: My Mum v Barclaycard x 2

    Hi Manic,

    You should be able to copy a link, to the Photobucket image, onto your thread here. Or you could try to copy the saved doc't and paste it onto your thread here.

    See here for guidance - http://www.consumeractiongroup.co.uk...i-dummies.html

    As this is a Barclaycard case, I'll get it moved into the BC forum.

    Please also start a second thread for one of the accounts in the BC forum so they, and we, don't get confused.

    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.

  6. #6
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    Default Re: My Mum v Barclaycard x 2

    Hello All!

    Photobucket is probably not happy, as a PDF is not an Image.

    It needs to be a Scan to an Image Format, like a TIFF, JPEG or BMP.

    Slick132...

    I've seen people use PDFs as Attachments when posting to CAGicon, is that permissable, or is that not encouraged due to eating space on the CAGicon Server?

    Cheers,
    BRW


  7. #7
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    Default Re: My Mum v Barclaycard x 2

    still trying


  8. #8
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    Default Re: My Mum v Barclaycard x 2

    BRW,

    Sorry you're asking the wrong person. The techy stuff goes WHOOSH - straight over my head.

    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.

  9. #9
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    Default Re: My Mum v Barclaycard x 2

    Right, Either I am going mad or I dont have any paperclip here for me to attach the document or the managed attachement option as per the dummies guide!


    "You will see this, you can use either the paperclip or the "managed attachment":
    Photo bucket wont let me upload as its not saved as a picture or video file!

    ANy other ideas please?



  10. #10
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    Default Re: My Mum v Barclaycard x 2

    I'll ask for help to stop by for you.

    Please be patient.

    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.

  11. #11
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    Default Re: My Mum v Barclaycard x 2

    Thanks SLick.


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    Default Re: My Mum v Barclaycard x 2

    Right then

    Manics "CCAs" from Barclaycard:


    (this is the best I could for you Manic)


    BCard 1 Pt 1

    BCard 1 Pt 2

    BCard 1 Pt 3

    BCard 1 Pt 4

    BCard 1 Pt 5



    Note - 3 to 5 being the T and C they allege were overleaf, and to my view dont meet prescribed terms even if they were

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  13. #13
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    Default Re: My Mum v Barclaycard x 2

    Thanks very much, thats great.

    Any feedback would be much appreciated as My parents need all the help they can get!




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    Default Re: My Mum v Barclaycard x 2

    Application 2

    (IMHO - the ultimate bog roll )


    BCard 2 Pt 1

    BCard 2 Pt 2



    I cant see full prescribed terms in either of these "CCA's" so my advise to MB would be to stop paying and dem,and they recognise the docs as unenforceable and ensure the data related to them isremoved

    I'll open the floor for others opinions..............

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  15. #15
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    Default Re: My Mum v Barclaycard x 2

    Most welcome MB

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  16. #16
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    Default Re: My Mum v Barclaycard x 2

    I've asked for help in checking if the agree'ts are enforceable.

    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.

  17. #17
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    Default Re: My Mum v Barclaycard x 2

    Any news on these agreemtns yet please? I have sent a letter to them noting that the agreements to not contain the prescribed information. I have told oarents to continue to pay at the rate that was agreed with one of their staff prior to this all turning Nasty!

    My parents rec letter from Mercers today stating they will be sending agent to the house! I have responded with the letter about them not being invited and revoke their licence to come to our premesis.

    My parents are worried sick. Is there anything else I should be doing please?


  18. #18
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    Default Re: My Mum v Barclaycard x 2

    I've asked again for the doc'ts to be looked at. Sorry for the delay but yesterday was v busy with the OFT announcement.

    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.

  19. #19
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    Default Re: My Mum v Barclaycard x 2

    thanks Slick.


  20. #20
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    Default Re: My Mum v Barclaycard x 2

    Hi Manic,

    The doc'ts have been checked and neither of the replies you've rec'd so far include an enforceable credit agreement.

    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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