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)


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  1. #1
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    Default Me-V-Barclaycard

    Hi everyone. I have finally received my S.A.R - (Subject access requesticon) from Barclaycard/Mastercard although they have only supplied me with statements not the letters and copy's of all telephone conversations i have asked for.

    I had a lot of problems from 2002 with BC due to a Mobil vodafoneicon I took out which was on offer to BC customers. However vodafoneicon were debiting ridiculous amounts to my card that I decided to cancel my contract with them. I called vodafone numerous times to do this even put my request in writing but they said since the contract was with B/C I had to cancel it through them. I phoned B/C and requested that they stop paying vodafone however they continued to pay them as with vodafone i wrote numorouse letters to B/C asking them to stop all payments to vodafone they refused so I stopped making payments to my account! the only way i managed to do it was by entering into a new contract with another mobil company and requesting that my Mobil number be passed over. in may 2004 Vodafone offered me a £186, 00 good will payment, this was the finaly amount Vodafone debited from my card because B/C finally contacted vodafone and asked for our mobil account to be disconnected. I refused this offer.

    when all this started my B/C balance was £800 my credit limit at the time was £1000. The balance is now £2,800 the only transactions on the statements are for vodafone, missed payments and late payments, going over my credit limit plus of course interesticon.

    The going over the credit limit was something I could not control as BC kept making these payments which were sometimes anything upto £150 a month. I'm sure if it was me making a purchase they would not have authorised the payment.

    i am going to rewrite to B/C asking for the rest of my SARicon also I am going to send a SAR request to Vodafone. I have to add that B/C have not ask for me to repay this money since they received a letter from CAB on my behalf a couple of years ago. but obviously the bill is still hanging over me and I would like to sort it once and for all.

    Could anyone advise me what my next step should be, and other then the late payment chargers etc etc which are considerable can i claim for all the vodafone payments which were debited since i wrote asking for them to cancel the contract which they ignored.

    Thanks in advance

    Pen

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    cases won
    28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement


    18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.




  2. #2
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    Default Re: Me-V-Barclaycard

    Hi Pen,

    Clearly, you should have told BC not to pay any more to VP when you were in dispute about the phone charges. VP wouldn't take you seriously when the pay'ts just kept coming in from BC.

    And, since your dispute with VP was settled in May 2004, you'll get nowhere complaining over 4 years later.

    Your best option now is to reclaim the penalty charges on the BC a/c, plus interesticon on those charges. This will add considerably to the amount you will claim.

    The downside of this is that BC will not agree to settle (because of the additional interest you are claiming) and you WILL have to file your claim at court. They are unlikely to negotiate until you get a court date so you will probably have to prepare 3 copies of the Court Bundle. Only then are BC likely to negotiate and settle.

    Read here from post #91 onwards for an insight - http://www.consumeractiongroup.co.uk...ml#post1511015

    If you're not sure you want the hassle, you could add up your charges using the Simple Spreadsheet and see what that comes to. If you DON'T claim interest on the charges, BC will probably repay this amount without you even having to file at court.

    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: Me-V-Barclaycard

    Hi Slick,

    thanks for that. I know the basis of making a claim as i have reclaimed over 14k from Lloyd's however i have heard CCs are a bit different, are they???? that's whats put me off claiming so far but now i have started the ball rolling i am going to carry through with it.

    I will read that link you kindly accessed for me thanks. I did not settle with VF as i said i did not except their offer and i do have it in writing the letters i sent to BC requested the stop making payments to them. I think I need to write back to both companies and ask BC for the rest of my S.A.R - (Subject access requesticon) details not just the statements that they have sent also i will send of a SARicon request to VF. Could you tell me how i would work out the interesticon on this claim, with the banks you just add the 8% to each charge but with CCs not only do you have the charges you also have the interest amounts relating to them charges is the a link explaining all this you could direct me too.

    Also when i claimed against ltsbicon i with a lot of hassle managed to get my statements for the past 10 yrs BC have only sent the ones from 2002 ok it is the 6 yrsicon however they have only done this as a GW gesture according to them ( I've read the sticky relating to this ) so is it likely they will supply me with a copy of all the letters they have sent me in the past and phones calls!!!
    Once again thanks for your help

    Pen x
    PS sorry I have just noticed you have highlighted this thread thanks i will have a good read of it. Alphageek Vs Barclaycard

    if i have been off any help to you please click my scales

    cases won
    28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement


    18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.




  4. #4
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    Default Re: Me-V-Barclaycard

    Hi Pen,

    If you decide to pursue the matter re vodafoneicon, could you do this on a Telecoms thread - if it's on here too, it'll confuse the BC charges reclaim case.

    Read this about claiming the interesticon on your penalty chgs - http://www.consumeractiongroup.co.uk...-tutorial.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.

  5. #5
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    Default Re: Me-V-Barclaycard

    yes of course i will thanks. but before i do that could you tell me who i would recliam them from, it's my opinion that since i wrote to BC requesting that they make no more payments to VF then it's their at fault and should be responcible for returning them or are they ???? once i know the anwser to this i can start working out all the chargers. thanks Slick.

    Pen x

    if i have been off any help to you please click my scales

    cases won
    28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement


    18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.




  6. #6
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    Default Re: Me-V-Barclaycard

    Hi Pen,

    To get better advice about the VF charges, can you just confirm how or why the VF chgs were in dispute.

    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