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 Claim or Settlement???

    Hi,

    I want to close my Barclaycard account, but due to financial difficulties a while back, I've not been charged interesticon for a few months. I have also realised that penalty charges, PPIicon, FAP and accidental Death cover which, I have tried to claim back, total to 70% of what I owe.

    Now, should I make a final settlement of the 30%, or should I try to claim these charges back first, or should I state I would like to claim the charges back but won't if they settle for 30%. Also, will they add on the interest not charged over recent months?

    I would be greatful for help.

    SM

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  2. #2
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    Default Re: Claim or Settlement???

    Hi Space Monkey,

    They won't accept 30% settl't on this basis.

    You'll have to properly establish that you have a sound basis to reclaim any or all of the contested chgs.

    Penalty chgs are the easiest to establish, and to get get repaid by BC. In your case the refund can be used to reduce the sum outstanding on the a/c.

    Have you listed the penalty chgs on a Site spreadsheet. See link No1 in my signatureicon below for guidance. You can try reclaiming CI (Contractual interesticon) on top but this will make BC unwilling to repay until you file your claim at court.

    Read here for help re interest - http://www.consumeractiongroup.co.uk...-tutorial.html

    On what basis do you want to contest the PPIicon charges. This isn't a strong area of mine.

    FAP - what's this? Death cover - blimey, they sold you the lot.

    Come back when you're ready.

    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.

  3. #3
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    Default Re: Claim or Settlement???

    Hi,

    Thanks for your help, I think I'll make a settlement then try and claim the insurance back afterwards. The PPIicon is only the amount charged AFTER I had made a claim, it's not automatically cancelled and I thought it they would charge me for it while I was claiming. FAP is family accident plan, and as I'm a single childless male and always have been , I believe this was miss sold. The accidental death was the result of constant phonecalls which I felt pressured into taking.

    SM


  4. #4
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    Default Re: Claim or Settlement???

    Hi SM,

    Let us know how you get on with this, and good luck.

    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