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.

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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.

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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.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default AA99 v Barclaycard no.3

    Copied and pasted from my other thread:

    Letter dated 3 Oct, received 15 Oct, from 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.

    Letter received from Mercers dated 27th, received on 30th Oct demanding full minimum payment due.

    I sent letter dated 30th October to both Mercers & Barclaycard telling Mercers I have already had acceptance of a reduced payment plan of £20p.m. and in view of the fact that I am over my credit limit by £104 (charges only) could they refund my attached schedule of charges totalling £188? 14 days to reply.

    Letter dated 4th November, received today 7th, from Mercers advising "they will be instructing a local debt collectoricon to visit you at the above address to collect payment."

    Seems the left hand doesn't know what the right hand is doing!


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  2. #2
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    Default Re: AA99 v Barclaycard no.3

    Hi AA and thanks for splitting the threads for each claim.

    To my knowledge, Mercers won't send anyone out while they are handling the debt. This would maybe happen when they've passed the debt on.

    Review when the 14 days are up.

    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: AA99 v Barclaycard no.3

    Thanks Slick! We are not frightened that's for sure !


  4. #4
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    Thumbs down Re: AA99 v Barclaycard no.3

    Letter received from BC today in response to mine of 30th October, detailed below.

    BC are sorry I think the charges are unfair. They believe they are both fair and transparent and clear in their T & C's. They disagree with my legal analysis.

    As a good gesture they have refunded ONE charge difference only, £8 plus 0.64p interesticon. They suggest I may be eligible to go to the fosicon. If they haven't heard from me in 8 weeks, complaint file will be closed.

    I paid 1 x £20 last week and another scheduled for 17th Nov, so at least then interest and charges will be frozen. Then I have to spend the next 7 months @ £20 paying off their existing charges that have taken me over my credit limit in the first place. How ridiculous is this ?


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    Default Re: AA99 v Barclaycard no.3

    Hi AA,

    Select a letter from here to d/w their shabby offer - http://www.consumeractiongroup.co.uk...ng-offers.html

    Then print your lbaicon and a copy of your SOC. This letter is suited to CCard claims - http://www.consumeractiongroup.co.uk...RD-letter.html

    Send both letters off to BC in 1 envelope.

    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.

  6. #6
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    Default Re: AA99 v Barclaycard no.3

    Thanks for that.

    However, are those letters not too strong at this stage? I have only ever been charged once at £20, the rest are 14 x £12 (in the last 7 months). They have already accepted £20 p.m. but will only freeze interesticon and charges when they've received 2 payments. I'm just cheesed off that I'm going to have to pay for 7 months just to get back to my credit limit

    Is there not a template for something appealing to their 'fairness', my DSS only income, account conducted satisfactorily since Oct 2005, will take them up on their offer to go to fosicon. go to court and they'll get £1 p.m.???:-?


  7. #7
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    Default Re: AA99 v Barclaycard no.3

    Hi AA,

    "Appeal to their fairness" - you need to read a few more threads in the BC forum. Wait till you've missed a payment or 2 and see how their Better Nature starts ringing you 10 times a day.

    Getting back the chgs is not really connected with your present cash flow probs. You should send the Rejection Letter and the lbaicon.

    You won't get results with them by tip-toeing around. They owe you the full £20 plus all the £12 charges and the refund of these will reduce the debt you owe them.

    The letters aren't rude and they don't require "softening".

    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.

  8. #8
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    Default Re: AA99 v Barclaycard no.3

    Thanks Slick, have obviously been exhausted with MBNAicon! You're right and I shall do that. Give me the exact rejection letter, if you would please, presumably Letter 1 OR 4 ???:-? Will get them off tomorrow....

    Thanks again


  9. #9
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    Default Re: AA99 v Barclaycard no.3

    Hi AA,

    If their letter WASN'T a Full and finalicon Offer, use letter 4, adapted and edited as necessary.

    If it WAS F&F, use letter 1.

    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.

  10. #10
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    Default Re: AA99 v Barclaycard no.3

    Rejection letter and lbaicon sent today !


  11. #11
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    Exclamation Re: AA99 v Barclaycard no.3

    Letter dated 11 November received today, 12th, from Power3Contact with threat to contact Mercers within 72 hours


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    Default Re: AA99 v Barclaycard no.3

    Hi AA,

    Ignore and file, or use for origami.

    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.

  13. #13
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    Default Re: AA99 v Barclaycard no.3

    Thanks Slick !


  14. #14
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    Angry Re: AA99 v Barclaycard no.3

    Received this morning a nasty text msg on MY cellphone from Mercers re this a/c which is in my OH's name! Now that I have a recorder on my phone, I called them back to be told that although Barclaycard agreed to £20p.m. within 14 days, in their letter dated 3 Oct, received on 15th(!) October, Mercers cancelled the plan because £20 should have been received by end of October. I paid £20 on 7 November and have a Stop Order set up for next payment on 17th November and thereafter every 4 weeks when we receive benefits. She agreed to re-instate the plan but needly a monthly date because that's the way they operate not 4-weekly. I told her that yesterday OH issued an lbaicon directly to BC. I requested that P2Contact leave off


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    Default Re: AA99 v Barclaycard no.3

    lbaicon sent with with SOC on 11 November but no reply yet:?


  16. #16
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    Default Re: AA99 v Barclaycard no.3

    Hi AA,

    You could have filed at court on this on 25th Nov'r.

    Do so now and you'll start racking up s.69 Statutory interesticon.

    Remember to print off an up to date SOC to go with your claim. This will now show the int't column.

    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.

  17. #17
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    Default Re: AA99 v Barclaycard no.3

    OK Next step,tku


  18. #18
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    Default Re: AA99 v Barclaycard no.3

    You couldn't give me a quick ref link to that letter, could you?


  19. #19
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    Default Re: AA99 v Barclaycard no.3

    There's no letter. Either get 3 copies of Form N1 from your local court or download them from the Site or from the HMCS site. Follow the Recaliming Charges guide in Link No1 in my signatureicon below.

    Use these POCicon - http://www.consumeractiongroup.co.uk...RD-poc-n1.html

    Use this when naming the Defendant on the N1:-

    Barclaysicon Bank PLC t/a Barclaycard
    1 Churchill Place
    London
    E14 5HP

    Take the 3 copies of N1 to court where they'll process them for you. There's a fee to paybut read here first - http://www.consumeractiongroup.co.uk...es-do-you.html

    Shout if you get stuck. It's a bit scary going to the court to do this but you'll feel good afterwards.

    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.

  20. #20
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    Default Re: AA99 v Barclaycard no.3

    Letter received from Mercers this morning confirming account is now on a repayment planicon of £20 p.m. as agreed. No interesticon for next 6 months and then review.....

    I didn't do the N1. Shall I still do that?



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