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:
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London
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  1. #1
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    Default Its All Going Pear Shaped

    hI I HAVE JOINED TODAY AFTER STUMBLING ACROSS THIS SITE WHILE TRYING TO INVESTIGATE RECLAIMING CREDIT CARD BALANCES IN LINE WITH THE CONSUMER CREDIT ACT. SHOULD WE DO IT? WE ARE HEAVILY IN DEBT AND I CAN SEE NO WAY OUT OF IT CONSEQUENTLY MY marriageicon IS SUFFERING. I FEEL SO ALONE AND GUILTY THAT I LET MYSELF GET INTO THIS MESS. THE BANK DOES NOT WANT TO KNOW AND IN FACT LEFT US A NEGATIVE RETURN TO OUR REMORTAGE APPLICATION ON THE ANSWERPHONE! READING SOME OF THE OTHER THREADS HAS MADE ME SEE THERE ARE OTHERS IN THIS AND I NEED TO BE STRONG HOW DO YOU ALL MANAGE I? AT THE MOMENT I GO TO WORK, COME HOME ,FEED THE FAMILY AND THEN SPEND THE REST OF THE NIGHT TRYING TO MAKE THE FIGURES LOOK BETTER.


  2. #2
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    Default Re: Its All Going Pear Shaped

    Hi italy and welcome to CAGicon.

    Who are your credit cards with and when did you take them out?

    Do you have a lot of charges on the accounts?


  3. #3
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    Unhappy Re: Its All Going Pear Shaped

    Thank you. We have cards with MBNAicon,capital, barclay Egg and HSBCicon and Halifax. All taken out before 2006 and some in 1999. We are looking at going with a company to see if they are enforceable. But it is an upfront fee of 1000 and they say no solicitors fees. Is there a catch?. I suppose though it is the last option as we now have too much going out than in.In january we tried to remortgage and consilidate the then much smaller debt on to it,this we would have been able to afford. The banks would not listen so all year we have had to use cards to get through the month.The debt has increased. There are charges on the accounts but can we reclaim them? Also the interesticon each month on some is more than the monthly payment Catch 22 or what!
    I feel so guilty as how did i let it come to this


  4. #4
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    Default Re: Its All Going Pear Shaped

    We are looking at going with a company to see if they are enforceable. But it is an upfront fee of 1000
    Alternatively you could just post the agreements on here (removing personal details first) and people can tell you if the agreements are enforceable or not for free.


  5. #5
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    Default Re: Its All Going Pear Shaped

    Help help. What do you do whenthe bank cancels all direct debits that have been set up, apparantly has reissued the bank card so we cannot write cheques. When i ring i get a really rude, unhelpful woman who is not interested in the fact i have been with them since being a child or that yesterday i spent 1 hour talking to their help section re the circumstances. They just do it no warning so that i can sort out the direct debits due to go out. I feel so angry and upset. Any advice


  6. #6
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    Default Re: Its All Going Pear Shaped

    It sounds like you need to open another bank account with another bank. If you have a poor credit rating go for a basic one as you probably won't be able to open a current account.


  7. #7
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    Default Re: Its All Going Pear Shaped

    looking at other banks. I felt really down yesterday i just want it to get better. if we could have remortgaged it would of. But today i feel like fighting. so i will pursue the credit cards. I wrote to HSBCicon last year re bank carges and they said it was on hold. so i have left it should i do more? it is really helpful just being able to post a thread on this site as it is hard at home when i have a young family and work late hours. Knowing others are fighting and suceeding is great. so thank you


  8. #8
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    Default Re: Its All Going Pear Shaped

    The bank charges won't be refunded at the moment but it doesn't stop you from filing a claim at court. Although your claim will be stayed it stops the limitation clock on your claim if any of the bank charges are getting near the 6 year limit. Also if you file at court then they wouldn't be able to take you to court over the overdrafticon as you would have a stayed claim against them.


  9. #9
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    Default Re: Its All Going Pear Shaped

    how do i file a claim and do i readjust the charges from the last letter i sent them to include the charges in the last year


  10. #10
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    Default Re: Its All Going Pear Shaped

    If you have a read of the links I have posted it will explain the step by step process for reclaiming bank charges.

    http://www.consumeractiongroup.co.uk/forum/faq.php

    http://www.consumeractiongroup.co.uk...re-action.html

    http://www.consumeractiongroup.co.uk...-claim-n1.html

    do i readjust the charges from the last letter i sent them to include the charges in the last year
    Yes.


  11. #11
    KJD KJD is offline
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    Default Re: Its All Going Pear Shaped

    Quote Originally Posted by rory32 View Post
    Do you have a lot of charges on the accounts?
    Charges on your credit cards are not being held up re the bank charges case. So you can start reclaiming those now. It can be very straight forward. When I claimed my charges back from Barclaycard, all I had to do was to write some letters. They refunded my card in full and that's meant the balance went down, so my repayments are less. I'm sure that will help you in the short term

    Best place to start is to get all the paperwork out you have for all your cards, etc. Sort out all statements and letters out into date order and then we can help you tackle each one. If it's specifically charges you are looking at reclaiming to start with, go to the relevant section of this forum, start a new threadicon for each card / bank and the good people here will talk you through claiming back the charges. You'll have to do a bit of work to get this going, but even just sorting your paperwork out is a great start and I promise you, it will give you a more positive feeling about your finances.

    If you want to take things a step further, you can get help here to see if your original credit agreements are indeed enforceable. That's a decision for you to take. Personally, I have got a couple of cards on hold while the card companies try to find my original agreements but I know I'll have to repay them eventually. But it's giving me a breather to get the others paid off first, especially now the balances have been reduced re the charges being refunded.

    You'll find all the help you need on this site to do all of the above... my opinion is (FWIW), don't go giving any of your hard-earned money to someone else for doing something you can do yourself

    Just shout if you need any more help getting started...

    "Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

    They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

    Woodrow Wilson, President of the United States.

    Change the US for the U K... do you think he meant CAG?!

  12. #12
    KJD KJD is offline
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    Default Re: Its All Going Pear Shaped

    Quote Originally Posted by italy View Post
    We have cards with MBNAicon,capital, barclay Egg and HSBCicon and Halifaxicon
    So we can start with those...

    Quote Originally Posted by italy View Post
    I feel so guilty as how did i let it come to this
    DON'T - we've all either been there or are still there. That's how come a lot of us are on this site. But you've taken the first steps to taking back control!

    Personally I have so much to thank this site for - card charges, bank charges, help with driving fine, help getting compensation from BT, help refuting an enormous water bill - the list is endless..

    Your own experiences and results will empower you and you'll be able to help others who come looking for help as well.

    "Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

    They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

    Woodrow Wilson, President of the United States.

    Change the US for the U K... do you think he meant CAG?!

  13. #13
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    Default Re: Its All Going Pear Shaped

    Thanks for all the advice. I need to get statements from the credit cards as i have not kept copies. Should i use a particular letter. I am going to resubmit the bank charges info and add on this last year and take off 2001/2. So i will start again.


  14. #14
    KJD KJD is offline
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    Default Re: Its All Going Pear Shaped

    Glad you've come back, italy.

    If you haven't got all your statements, you'll need to send an S.A.R - (Subject access requesticon) to each company. Have a read here and you can adapt the letter to suit (ie change details from bank to credit card etc). If you get stuck, I've got the one I sent to Barclaycard (but not on this computer). You'll need to send £10.00 to each one though for this, so you might need to prioritise which one(s) you think you might have the most charges on (esp as it's so near Crimbo!)

    http://www.consumeractiongroup.co.uk...ction-act.html

    Make sure you send the letters by either recorded or special delivery, and diary the 40 day deadline so you can chase them up if they do not respond in time.

    Once you've decided which one(s) you are going to start with, go to the Bank Action Group section and start a new threadicon for each card / account, eg 'italy v MBNAicon' would go here...

    http://www.consumeractiongroup.co.uk/forum/mbna/

    Even if you just start by posting "sent my SARicon off today", you'll receive encouragement, and when the paperwork starts to come in, you can check your facts, figures etc and get advice on your next step.

    In the meantime, start at the top of the main forum page, have a good read of all the facts etc, and have a look round the different bank forums to see what others have encountered. Any questions, ask in your new thread(s).

    Again, shout if you need anything else... and stay with us

    Karen

    "Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

    They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

    Woodrow Wilson, President of the United States.

    Change the US for the U K... do you think he meant CAG?!

  15. #15
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    Default Re: Its All Going Pear Shaped

    hello italy

    i just wanted to say hiya,,, i understand your first post i was like that about 6 months ago, but now im so much more relaxed about stuff and knowing my rights really does help you stay more focused and positive

    fab advice already given and i just wanted to show my support

    and keep strong we will all continue to help you,

    those companies that charge this upfront fee, i know that when i spoke with my local trading standards they were looking into these companies,

    we can see if what you get back from your card companies is enforceable or not, and its basically what these companies do, the one i looked into just for curiosity said they wouldnt get any defaults removed only help us in applying to get them removed, - well i dont trust them and id rather go with the experienced caggers here than them

    thats just my view, so stick with us and we will help you

    take care ciao for now MAZ


  16. #16
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    Default Re: Its All Going Pear Shaped

    Hi Italy, I am a friend of Maz, post below, and can't repeat enough what was said to you. I only joined in September after nearly 6 desperate months with 8 creditors!!!!! I couldn't tell you what a relief it was to find this site and the knowing that I wasn't the only one! You will be fine on here. Don't take to heart too much of various phone callsicon and threatening letters you will receive. Read as many individual cases as you can, it will take hours, your mind will boggle, your family will be knarked that you spend so much time on your PC but take it one step at a time..... you will feel so much more confident soon when you know your rightsicon. I've just won my first case and it feels great - Consumers have rights too!! Not just the big bully fat cat banks that are now tumbling down......

    Take heart and be strong, we all get through all this together!


  17. #17
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    Default Re: Its All Going Pear Shaped

    yes italy

    take care and take heart i confirm AA99 is one of my friends, and boy have we shared a few moments with our other friend lexis, we do want cyber chocolate for our time though,,,only kidding,,,lol

    keep happy, by the way AA99 i think im following you around the forum tonight,,,,cant catch up with ya,,,,hahhah

    ciao for now ,,,by the way just noticed the petition for experian, i will go and take a look ,,,, ciaoooooooooo MAZ

    Signed petition and few more toooooooooooooooo,,,x


  18. #18
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    Default Re: Its All Going Pear Shaped

    well we got through christmas and for a short period of time(one day) i managed to forget our money problems. But not now. I have got 4 cards in to be looked at 2 have not sent any copy of agreement and they are now in default. I am also putting in a bank charges claim. So i am being proactive.
    However i just want some peace. Everday every minute it is in my thoughts . I usually go to sleep with a sick feeling in my stomach. Then the bills arrive and just as i think we managed to pay the minimum last month so the debt would have decreased it has increased as the interesticon is more than the payment. I have rung to negoiate interest being frozen but they are not interested unless we are late and then they will charge us late payment fees.
    Is it like that for others or is there a way to put this to the back of your minds. It is all consuming FED UP



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