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 Barclay Card only paying the difference

    I put in a claim to Barclaycard for all my late and over limit fees and they have given me this reply

    As a good will gesture and without any admission of liability we are prepared to credit your account with the difference between the charges you have incurred and the current £12.00 fee

    I must inform you that you that we disagree with any legal analysis

    Should I accept this offered or pursue for the full amount

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  2. #2
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    Default Re: Barclay Card only paying the difference

    Pursue


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    Default Re: Barclay Card only paying the difference

    [Moved to B/card forum from general consumer issues.]

    Pursue.

    You will have to file in court, and they will take it to the wire, and try to get you to settle for less than your total claim, but if you stand fast and refuse to budge, eventually they will settle in full, but you have to show no weakness or they'll go on and on. In my case, they literally caved as we were going into court, they then had to say to the judge they had agreed to settle and we went out again.

    Apologies to people who I was in the process of helping, I may be gone some time.

  4. #4
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    Default Re: Barclay Card only paying the difference

    Hi Soad,

    Has that restaurant coughed up yet?

    Pursue this - BC are just trying it on and will likely pay back your charges without you having to file at court, unless you are claim Contractual interesticon or charges beyond 6 yearsicon old.

    What stage are you at with your claim - in any event, after getting their response you need to :-

    1) Send one of the Rejection Letters most suited to your case if they've offered to refund to your a/c - http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/25716-rejecting-offers.html

    2) Take the next step in reclaiming your charges as their response shows they are not willing to fully refund yet.

    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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    Default Re: Barclay Card only paying the difference

    Quote Originally Posted by slick132 View Post
    BC are just trying it on and will likely pay back your charges without you having to file at court.
    Really? Have they changed their tactics recently then?

    Apologies to people who I was in the process of helping, I may be gone some time.

  6. #6
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    Default Re: Barclay Card only paying the difference

    Hi Bookie,

    Yes, BC have been more willing to refund all charges in full plus (what THEY call) 8% interesticon. The int't however is a flat 8% of the claim with no reference to the charges' dates.

    Even so, that's more than they're obliged to pay if they repay before you file at court.

    But they are still fighting cases claiming CI or going back more than 6 yearsicon. They settle them still before court (not as late as yours Bookie) by negotiation.

    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: Barclay Card only paying the difference

    Well, ain't that sumfink.

    Apologies to people who I was in the process of helping, I may be gone some time.

  8. #8
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    Default Re: Barclay Card only paying the difference

    I settled with Barclaysicon last year for a derisory amount but had to accept as car broke down and had NO other option for money to get it mended (and without car would have lost job) - they then lost all my paperwork and so things were eventually resolved on the phone. Its only now I see how much they saved themselves by my capitulation!!! I got no interesticon and less than half of the money claimed. HOWEVER I did not sign a Full and finalicon settlement agreement (or at least if I did I have completley lost all paperwork which is not like me) - I want to go and persue for the rmainder but am concerned if I do can they get legal with me if by any slim chance I did in fact sign full and final? Whats the worst that can happen?


  9. #9
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    Default Re: Barclay Card only paying the difference

    Hi Moobelle,

    To save hijacking another member's thread, can you copy and paste your query and start a new threadicon using the New Thread button top or bottom of the BC forum.

    I assume you mean BC (you say Barclaysicon in your post).

    Theres nothing to stop you starting your claim over again, this time claiming ALL the charges back, with CI (Contactual interesticon) if you're up for a harder fight. You can simply deduct what they repaid before.

    If BC have a F&F agreement which you signed, no doubt they'll tell you.

    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