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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    Default credit card cca help please

    We applied for cca for a credit card account which was originally with morgan and stanley until Barclaysicon took over them this year.. This was 16 day business days ago and have recieved nothing. We opened this accounts in pre 07.
    What letter should we be now sending and what should we be waiting for. We have not fallen behind with any payments so we can not be defaulted.
    Any advice would be fantastic thanks

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  2. #2
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    Default Re: credit card cca help please

    Hi SIO,

    Firstly, as this is a BC case, I'll move the thread into the BC forum.

    My advice is to wait a while longer - they should reply if you sent a formal CCA request with the fee.

    In theory, they are already in default and you could cease payments until they produce a credit agreement. Bearing in mind the take-over by BC, they may be slower finding the documents.

    If you DO stop paying, rightly or wrongly, Mercers will start chasing with relentless phone callsicon. You will also get defaulted and then have to fight to have it removed if there is no valid credit agree't.

    What are your aims with this - from what you say, I assume there are no penalty charges over the last 6 yearsicon.



    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: credit card cca help please

    Hi Slick,

    Thanks for reply on private message.

    4.11.08 - Letter sent asking for credit agreement
    12.1.09 - Received barclaycard current terms and conditionsicon
    20.1.09 - Letter sent stating 'default under the CCA 1974. Failure to provide agreement'
    7.2.09 - Letter of complaint, requesting acknowledge of complaint within 5 days - No reply

    No written correspondance - 10000's of phone callsicon demanding payment (Just seen template letter for harrassment by telephone - will send off tomorrow)

    Just wondering what my next steps are???

    Thanks


  4. #4
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    Default Re: credit card cca help please

    Yep, send off the phone harassment letter.

    Also add, if it's not too late, that all calls are being recorded and may be used as the basis for proceedings for harassment.

    If you're interested, see the Announcement at the top of this, and any other, page about getting and using a recording device.

    Are you keeping a call log of all calls rec'd, when, and from whom.

    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