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.
Having recovered all charges + 8% from these guys for wifey I have now started on my own.
BC responded surprisingly quickly to my Subject access request and sent all the info they had going back to 2002 which is when the account was opened. They did point out to me that their microfilm stuff (ie pre 2004) was not 'defined as a relevent filing system' so far as the 1998 data protection act is concerned and that they only dug it out and sent it to me as a favour. Nice, hey??
Well, I have sent my preliminary request and SOC - in fact, 2. one @29.9% and 1 @ 8% (compound) and basically told them to pay the smaller by return and by cheque, or I'll see them in court for the larger.
In general terms, is one considered to be short in the 'bottle' department for accepting anything less than CCI??
The reward, if you're succesful, are considerably higher than a "simple" reclaim, but it's a longer and harder fight and you'll have to pay for the various stages of the court process. You can claim this back, of course.
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.
Good morning Slick. Yes, I know the pros and conns and 8% is definitley the easier road.
When I first found this excellent site about 18 months ago there were quite a few posts saying, more or less, if you don't go for your full entitlement ie CCI, the banks etc. would think you didn't know what you were doing and would be less inclined to settle.
It seems to me that the game has changed somewhat over the last 12 months and I was interested to see what current practice is.
As for me, even if I don't recover another penny from the various institutions that have taken charges from me over the years (and I don't think that likely ) I can honestly say that this site has changed my life. It has taught me that banks can't just do what they want to you. It has taught me how to fight back and it has given me the motivation to re-organise my finances. I'm still skint, but I'm getting there. I don't jump every time the phone rings and I don't hide unopened mail because I'm too scared to see what's inside. I did 18 months ago.
Hi Skint and thanks for the inspiring post - this is what CAG is all about!!
I can't speak about other institutions but, with BC, it seems they are now quite happy and quick to settle after maybe one or two refusals.
They even throw in an 8% bonus which really is a goodwill gesture.
They are doing this because they know they would fail in court and because they are saving a lot compared to paying interest in restitution or at the contractual rate.
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.
BC are paying out very fast at the moment, I sent my Prelim on the 22nd Oct, on the 3rd I had a partial offer which I refused and sent lba and they paid out in full on the 8th November.
So from Prelim to payout was 17 days in total.
I only went for the charges and they added 8% on top.
Hi Scatz! Did you have any over limit charges and if so did you claim them back?Have just received my husbands SAR from Barclaycard and because of the payment protection he is constantly over the limit resulting in a £12 over credit limit charge.Any help welcomed with open arms1RegardsML
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.
gesture of goodwill letter arrived today. it was processed 2 days after they received by claim.
My rejection letter is aready written and ready to go. They have about a week to come up with the full amount. Otherwise, I'll have to dust off my wig (if you know what I mean).
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.
Their time is up. I've heard nothing from them since their 'gesture of goodwill'. I posted the rejection letter last weekend and the 14 days I gave them has expired.
They will, therefore, receive from Santa (aka skintboy69 ) an lba for all charges + CCI. They have been warned!!!!!
Today I received their response to my rejection letter. In it they give the usual c*#p and say I will have the results of their 'investigation' by 8th January.
Happily for me (but unhappily for them) they received my lba today as well.
In it, I had advised them that the deadline for accepting my 8% deal was passed and it was now, so to speak, the full monty.
To add to their misery, their 14days to reflect expires before 8th Jan. I wonder what they'll do.
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.
Yes I have. As I said in an earlier post, when I sent my original prelim. I sent 2 soc's. one @ 8% and one @ 29.9%
I gave them a fair choice. Either pay in full at 8% within 14 days or I would file my claim with the county court for the full 29.9%. I made it perfectly clear that the 8% offer was only open for 14 days and that I made them this offer to facilitate a quick settlement at minimum cost to both parties.
As usual, they have chosen to faf around with a rediculous gesture of goodwill. I wrote back rejecting that and reminded them that they still had a few days to pay up.
Again, they chose to ignore it so I sent a lba + SOC at the end of the 14 days.
I have since received another letter from them - a different department though, saying I would have their response by 8th. Jan. This is obviously a response to my rejection letter, because it was posted the day I posted my LBA. The 14 days grace given in my LBA runs out before 8th Jan. so I'm wondering how they will react.
BARCLAYCARD Round 2 ***WON***
and sent all the info they had going back to 2002 which is when the account was opened. They did point out to me that their microfilm stuff (ie pre 2004) was not 'defined as a relevent filing system' so far as the 1998 data protection act is concerned and that they only dug it out and sent it to me as a favour. Nice, hey??
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Re: BARCLAYCARD Round 2
) I can honestly say that this site has changed my life. It has taught me that banks can't just do what they want to you. It has taught me how to fight back and it has given me the motivation to re-organise my finances. I'm still skint, but I'm getting there. I don't jump every time the phone rings and I don't hide unopened mail because I'm too scared to see what's inside. I did 18 months ago.
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