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



+ Reply to Thread
Page 1 of 6
1 2 3 ... LastLast
Results 1 to 20 of 102
  1. #1
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default AA99 v Barclaycard No1 a/c

    On 8th September I sent a Hardship covering letter together with an Income & Expenditure Form and have offered all creditors £20 p.m. with charges and interesticon being frozen temporarily. Letter dated 24th September from B/C saying £20 p.m. is not enough and to phone them to discuss it further (NO NO NO!). Is there a Template letter to respond to them or shall I just go for a CCA for a £1 ?

    Have now gone over my credit limit with charges and interest only - not spending!!!!!!!!!!!

    Patience running thin............

    Similar Threads:

  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly**'s Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    6,910

    Default Re: AA99 v Barclaycard

    Hi AA99

    Send letter D in the link below, amend to suit your needs



    http://www.consumeractiongroup.c o.uk...templates.html



    Tilly





    A-Z Index








    HOW NOT TO CLAIM...Click here!

    HOW TO...DUMMIES GUIDE TO CAG...Read here

    .please remember that any advice i give is purely my own experience or opinion thankyou

  3. #3
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Quote Originally Posted by **Tilly** View Post
    Hi AA99

    Send letter D in the link below, amend to suit your needs



    http://www.consumeractiongroup.c o.uk...templates.html



    Tilly

    Thanks Tilly, will send a refund of charges and interesticon refund letter too, me thinks, after all, am over my limit because of these only. Other creditors have agreed to freeze interest and charges too for 6-monthly review while a basic payment is going on. Surely this route is a lot easier all round for everybody??!!


  4. #4
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Thank you Tilly, letter posted today. Absolutely can only afford £20 p.m. and that interesticon and charges are frozen temporarily, and a reminder that we are over the credit limit because of charges and that I have not yet made a claim for all the charges on this account..... we shall wait and see.............


  5. #5
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly** Authoritative **Tilly**'s Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    6,910

    Default Re: AA99 v Barclaycard

    Your welcome AA99

    if you have your statements, send your prelim to reclaim your charges





    Tilly






    A-Z Index








    HOW NOT TO CLAIM...Click here!

    HOW TO...DUMMIES GUIDE TO CAG...Read here

    .please remember that any advice i give is purely my own experience or opinion thankyou

  6. #6
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    13,897

    Default Re: AA99 v Barclaycard

    I know you've already sent the letter but just in case you get any further grief this is a letter that is a little stronger (nicked it from the fool website).
    Thank you for your letter dated xxxxxx, in respect of the above matter.

    I am disappointed to note that you will not consider my proposal to satisfy my debt to you. I appreciate that this is not a wholly satisfactory state of affair, but this is the reality of my situation at the present time.

    I would point out that I have investigated the options of an Individual Voluntary Arrangement and Bankruptcy but I feel that my proposal is certainly more beneficial to you than either of these procedures. Due to my present circumstances, I am unable to offer a better resolution and would respectfully ask that you reconsider my proposal, which was submitted in a genuine attempt to honour my commitment to you.

    I further appreciate that you are not obliged to accept my proposal, however, considering that you are entitled to issue proceedings for the recovery of the balance owed to you, I would ask that you also consider, that in the event that these proceedings ensue, interesticon would be frozen upon Judgement and I would entirely reserve the right to produce my proposal for the attention of the Court, in evidence that I have attempted a sensible resolution in line with my ability to pay.

    This notwithstanding, I would hope that the foregoing will not be necessary and that we will be able to resolve this matter amicably.

    In the interim, I will forward payments to you as proposed, as a gesture of good faith.
    Please could you conduct any further communication in writing only.

    Accordingly, I await your further comments.

    Yours sincerely




  7. #7
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    UPDATE

    Have 3 cards ended up with Barclaycard.

    1 has been handed to Mercers who have accepted my repayment terms
    1 has been handed to Mercers who I have yet to hear from
    1 has yet to reply to a 'reconsider my offer' letter

    :-?:-?:-?


  8. #8
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,323

    Default Re: AA99 v Barclaycard

    Hi AA,

    No refusals so far, which has to be good.

    Keep us posted.

    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
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    UPDATE

    Have 3 cards ended up with Barclaycard:

    1 has been handed to Mercers who have accepted my repayment terms - status quo

    1 has been handed to Mercers who I have yet to hear from - Barclaycard want £60 p.m. with same conditions as below

    1 has yet to reply to a 'reconsider my offer' letter - Barclaycard accepted offer of £20 p.m. for 6 months. When 2 monthly payments have been received, they will put account on to repayment planicon. interesticon suspended for 6 months.





  10. #10
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Help now needed with the second account. I have started drafting the attached letter (manage attachments option disappeared so have copied & pasted:-?) but need to know what else to say.....
    It is a right mess and having gone through so many hands, it would appear the left hand doesn't know what the right hand is now doing :-?:-?:-?
    I have not yet reclaimed any charges or interesticon on them but that will certainly be my next step.

    16 October 2008
    FORMAL COMPLAINT


    Customer Services
    Barclaycard House
    P O Box 5592
    NORTHAMPTON
    NN4 1ZY


    Dear Sirs

    ACCOUNT NO. **** **** **** ***9 FORMERLY MORGAN STANLEY &
    FORMERLY GOLDFISH
    NOW **** **** **** ***5 BARCLAYCARD

    I am in receipt of your Statement dated 6 October, received on 10 October 2008. It advises that Mercers Debt Collections Agency are now dealing with my account but also advises under Dispute Resolution that I should try to resolve it with you in the first instance.

    I am also in receipt of your letter dated 3 October, received on 15 October, stating that you will accept a reduced payment of £60 p.m. for 6 months on this account with frozen interest.

    I must inform you that I attempted to resolve the dispute in June with Goldfish upon receipt of my statement dated 5th June when my balance was still within my credit limit of £5400 but I was unable to make the minimum payment of £130.19 by 03 July 2008. I spoke with a Senior Advisor who suggested a “Hardship Arrangement” whereby there would be no interest or charges placed on my account for an initial 6-month period, possibly extending to 12 months. On 16th June, I paid £22.19 as requested reducing my minimum payment due to £108, advised I could claim £60 cashback owing, leaving a balance of £48 which I paid by debit card on 7th July 2008.

    I sent a letter dated 8th September 2008 together with my Income and Expenditure Form detailing my current financial status and clearly showing the ability to only pay
    £20 p.m. equally amongst each of my creditors. I have had no response to this letter and am enclosing further copies herewith for your records. You will notice I was given a different address to send this to! The same letter and I & E Form were also sent to our other 2 Barclaycard accounts who have each agreed to a reduced repayment planicon for 6 months with interest frozen.

    In the meantime, you sent myself and my wife new Cashback MasterCards and new Pins to be effective from 22 September 2008 with a credit limit of £5400.

    I have, however, since this time, continued to receive statements showing interest and charges being added to the sum of £405. As of today’s date, I am £300.14 over my credit limit.

    I am not sure what is to be achieved by penalising me in this way, other than increasing the debt owed to your company.

    :-?:-?:-?


  11. #11
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,323

    Default Re: AA99 v Barclaycard

    Hi AA,

    Is the balance on this troublesome a/c higher than on the others.

    If they fail to reply favourably, I think it may be time to send them a CCA request to see if they have a valid Credit Agree't.

    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.

  12. #12
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Yes Slick, the repayments seem to be proportionate:

    Card 1 - Repayment £39 p.m. on balance £3,600 - interesticon rate 14.9% This is Acc.No.1 now in my threads
    Card 2 - Repayment £60 p.m. on balance £5,700 - " " 17.9%
    Card 3 - Repayment £20 p.m. on balance £1,869 - " " 15.9%

    The fact remains that our I & E shows 0 surplus as we are living on benefits.

    What about the wording of the letter re Card 2? I have all my statements from when it started with Monument in Nov 2005 ?

    Cheers and thanks


  13. #13
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    13,897

    Default Re: AA99 v Barclaycard

    The fact remains that our I & E shows 0 surplus as we are living on benefits.
    That concerns me. Have you factored in things like an emergency fund (things do go wrong) and a small budget for socialising (you're not expected to sit in the house every day of the month).


  14. #14
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Quote Originally Posted by rory32 View Post
    That concerns me. Have you factored in things like an emergency fund (things do go wrong) and a small budget for socialising (you're not expected to sit in the house every day of the month).
    Hi Rory, It concerns me too and there is no funds for emergencies. Have just had the car MOt'd, taxed for 6 months and £20 petrol last Friday, £250 ! That's now made my rent a week overdue!

    I used Counselling Services' I&E guidelines, well, I don't spend £30p.m. on hairdressers (cut my own fringe) or dry-cleaners (use the 20 deg. wash on the machine) and No, we NEVER go out. I am a smoker and can't face giving that up right now so I choose to do the above instead and buy my clothes in charity shops. That, however, is surely my business. Same as when MBNAicon told me I can feed a family of 4 on £300 p.m. Well, I can't, so sod them !


  15. #15
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    13,897

    Default Re: AA99 v Barclaycard

    Have you looked at the bankruptcy option?


  16. #16
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    In deep depression the other night, I started this thread :

    http://www.consumeractiongroup.co.uk...-many-now.html


  17. #17
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    13,897

    Default Re: AA99 v Barclaycard

    Yes I know. I posted on it.

    It's something you might want to explore as it's far from the end of the world and it may result in you being better off than you currently are.


  18. #18
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Yes, it was what I thought initially after reading the forums on Martin Lewis' site. People said what a relief to have it all wiped off. Not going to get stuck on credit cards again anyway, have already got a bad credit report, have no property to lose, but I thought why should I have to do that when the banks have behaved with us consumers the way they have?! And then I found this site........


  19. #19
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    AA99 Informative AA99 Informative AA99 Informative AA99 Informative AA99's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2008
    Posts
    2,160

    Default Re: AA99 v Barclaycard

    Account No.2

    BUMP please with summing this letter up........:-?

    Quote Originally Posted by AA99 View Post
    Help now needed with the second account. I have started drafting the attached letter (manage attachments option disappeared so have copied & pasted:-?) but need to know what else to say.....
    It is a right mess and having gone through so many hands, it would appear the left hand doesn't know what the right hand is now doing :-?:-?:-?
    I have not yet reclaimed any charges or interesticon on them but that will certainly be my next step.


    16 October 2008


    FORMAL COMPLAINT



    Customer Services
    Barclaycard House
    P O Box 5592
    NORTHAMPTON
    NN4 1ZY


    Dear Sirs

    ACCOUNT NO. **** **** **** ***9 FORMERLY MORGAN STANLEY &
    FORMERLY GOLDFISH
    NOW **** **** **** ***5 BARCLAYCARD

    I am in receipt of your Statement dated 6 October, received on 10 October 2008. It advises that Mercers Debt Collections Agency are now dealing with my account but also advises under Dispute Resolution that I should try to resolve it with you in the first instance.

    I am also in receipt of your letter dated 3 October, received on 15 October, stating that you will accept a reduced payment of £60 p.m. for 6 months on this account with frozen interest.

    I must inform you that I attempted to resolve the dispute in June with Goldfish upon receipt of my statement dated 5th June when my balance was still within my credit limit of £5400 but I was unable to make the minimum payment of £130.19 by 03 July 2008. I spoke with a Senior Advisor who suggested a “Hardship Arrangement” whereby there would be no interest or charges placed on my account for an initial 6-month period, possibly extending to 12 months. On 16th June, I paid £22.19 as requested reducing my minimum payment due to £108, advised I could claim £60 cashback owing, leaving a balance of £48 which I paid by debit card on 7th July 2008.

    I sent a letter dated 8th September 2008 together with my Income and Expenditure Form detailing my current financial status and clearly showing the ability to only pay
    £20 p.m. equally amongst each of my creditors. I have had no response to this letter and am enclosing further copies herewith for your records. You will notice I was given a different address to send this to! The same letter and I & E Form were also sent to our other 2 Barclaycard accounts who have each agreed to a reduced repayment planicon for 6 months with interest frozen.

    In the meantime, you sent myself and my wife new Cashback MasterCards and new Pins to be effective from 22 September 2008 with a credit limit of £5400.

    I have, however, since this time, continued to receive statements showing interest and charges being added to the sum of £405. As of today’s date, I am £300.14 over my credit limit.

    I am not sure what is to be achieved by penalising me in this way, other than increasing the debt owed to your company.

    :-?:-?:-?



  20. #20
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,323

    Default Re: AA99 v Barclaycard

    Hi AA,

    I'd change the end of the letter as follows:-

    ......accounts who have each agreed to a reduced repayment planicon for 6 months with interesticon frozen.

    I have, however, since this time, continued to receive statements showing interest and charges being added in the sum of £405. This is contrary to the information I was given during our phone conversation about a postponement of interest and penalties for 6 or 12 months. It also makes no sense that you have acepted a repayment planicon on only 2 of the 3 accounts.

    Would you please reconsider this matter and confirm that you will accept the reduced payments on this a/c as suggested during the phone conversation in June.
    I'd then set about reclaiming all penalty charges on this a/c first, then on the other 2 if they have charges on them. This should bring the a/c balance on the 2nd a/c to below the credit limit and stop the spiralling charges.

    Use a new threadicon here for each a/c so the reclaims don't get muddled. Read the Reclaiming Guide in Link No1 in my signatureicon below.

    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.


Browsealoud
Video Tour



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