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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    Question me Vs Barclaycard, lack of evidence?

    I requested information on my account including all charges from Barclycard, i opened my credit card account with them in 1994. they have sent 6 yearsicon worth of statements with charges listed but do not have anything else. "This information we have enclosed relating to your account is all that we hold"
    My queries are:
    Without any copies of the terms of agreement or contract that i signed can i prove i was missold? (i only realised i was paying PPIicon and didnt need to in december!) I seem to remember it was an opt out box but i have no proof of this.
    Also do i stand any chance of getting all the payments back from when my account opened or just the last 6 year??
    I would really like to hear from anyone who has had a success against Barclaycard too!
    What should my next step be?
    Thank you for any help/advice!


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  2. #2
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    Default Re: me Vs Barclaycard, lack of evidence?

    Quote Originally Posted by buttons4 View Post
    I requested information on my account including all charges from Barclycard, i opened my credit card account with them in 1994. they have sent 6 yearsicon worth of statements with charges listed but do not have anything else. "This information we have enclosed relating to your account is all that we hold"
    My queries are:
    Without any copies of the terms of agreement or contract that i signed can i prove i was missold? (i only realised i was paying PPIicon and didnt need to in december!) I seem to remember it was an opt out box but i have no proof of this.
    Also do i stand any chance of getting all the payments back from when my account opened or just the last 6 year??
    I would really like to hear from anyone who has had a success against Barclaycard too!
    What should my next step be?
    Thank you for any help/advice!
    You can always send them a non-compliance of the Data Protection Act and see if that gets you anywhere. They tend just to send you six years worth and rely on the limitations act to get away with it. You just keep pushing them. You will find the letter in the bank template letters on the front page of the forum

    As for your credit agreement, not many of these companies will send you this under a S.A.R - (Subject access requesticon).

    Send them a request for a true copy of your original credit agreement, if the account is still running the by law must have it

    The letter is letter N on this link

    Creditors and DCAs - Letter Templates & Budget Planner

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  3. #3
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    Red face Re: me Vs Barclaycard, lack of evidence?

    Thanks HHNF
    Ill get the letter and nag them again. So im presuming that i can claim as far back as 1994 for PPIicon charges that i should never have paid?

    Your advice much appreciated.
    butons


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    Default Re: me Vs Barclaycard, lack of evidence?

    Hi
    You should do as HHNF advises, if they do not have a credit agreement then they cannot prove you agreed to PPIicon.

    What are your grounds for reclaiming?
    Also you should be able to claim the PPi form the date you made you first payment, if it was mis-sold I can't see how a limitation acticon comes into it.

    I have had success with ppi with an account from 1997, I got every penny plus interesticon plus some more with GE.

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  5. #5
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    Default Re: me Vs Barclaycard, lack of evidence?

    Hi Adamski
    I am claiming on the grounds that i was missold as i was unaware what PPIicon was, it was implied that it was part and parcel of getting the card and it was an opt out rather than in. I took out another payment protection policy years later to cover myself against all cards etc as i was unaware that was what Barclaycard PPi did as it was never explained. Do you think that is grounds enough?
    How will i know how much to claim back to 1994 if i only have statements back to 2002?
    thanks


  6. #6
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    Question Re: me Vs Barclaycard, lack of evidence?

    Hi all
    Its been a while since i last posted as had no time to give to this... anyway, several letters on I have some jumbled print outs from Barclaycard and a copy of a credit agreement that does not show my signatureicon or any date and also does not mention PPIicon!!! How do i know this is what i did or didnt sign up to?
    I also still only have 6 yearsicon of statements although my PPI was being paid from 1993 up to last year.
    i would really appreciate any advice on how to push for more info. Having read a few other threads I am wondering if its better to go for a claim and then anything they havent sent me would have to be declared? Or would it be best to "be prepared"?
    Hoping someone can help!
    B4



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