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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    Question BarCard CCA request from Australia

    Hi All,
    Tomorrow brings up day 14 after my CCA request to BarclayCard and another. These were sent and tracked by a co-combatant in the UK, however my BarclayCard address is in Australia.

    Does the 12 +2 apply regardless of international circumstances?

    Am I also correct after much reading here that I am being too kind, and could simply ignore the remainder of the (5k, now 2k) debt (am now on full interesticon and several years of occasional charges)??? Perhaps offer them a settlement?

    Next payment is due 12 Jan, I will allow this time for the CCa to appear...any recommended next step?
    Many many thanks,
    J2020

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  2. #2
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    Default Re: BarCard CCA request from Australia

    Hi Jaystar and welcome to the BC forum.

    I've moved your thread from the Barclaysicon to the Barclaycard forum.

    I can only confirm my understanding of the UK situation - whether it applies strictly to Australia where I assume your card was issued, I cannot say.

    If they fail to supply the credit agreement within 12 + 2 days, they are in default and cannot demand payment etc until they comply.

    If there is no credit agreement, you can repay the debt at a rate which you can afford and they cannot enforce the debt in court.

    However, it may take months to reach that stage and, if you fail to keep up payments, they may still refer the debt to DCAicon's or take court action against you, even though they should not.

    They'll not accept any offer to settle at this stage.

    Have you reclaimed all penalty charges on the a/c to reduce the debt.

    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.

  3. #3
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    Default Re: BarCard CCA request from Australia

    Thanks Slick132
    I have noted some of your previous posts with interesticon...(and charges lol).

    The card(s) was from time in the UK, am now in Australia.

    The S.A.R. is the next step...Should I wait, no CCA, refuse payment, trigger their demands, then send S.A.R., or get going now?

    I have the same situation with MBNAicon - same actions?

    Would love to know what the quickest route might be to come to a settlement with these 'people' - paying off the whole amount is not possible right now, however partial as F and F is...?

    Many thanks
    J2020


  4. #4
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    Default Re: BarCard CCA request from Australia

    Hi JS,

    Do you know what you have been charged in penalties in the last 6 yearsicon, even roughly.

    These can be easily reclaimed from BC to reduce the debt.

    In my opinion, you're a long way off from getting BC to take any F&F. In fact this is only likely once they've sold the debt to a DCAicon (for a pittance).

    I think you should focus on getting back any charges. If it transpires that BC don't have a valid Credit Agreement, they should stop adding charges and interesticon to the a/c and you can then repay the debt at a rate you can afford.

    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.

  5. #5
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    Default Re: BarCard CCA request from Australia

    Also, are you using a UK address to d/w this matter at the mo.

    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: BarCard CCA request from Australia

    Hi Slick132,
    Sorry, missed your last post. Update -
    Have CCA'd, and next week will SARicon both Barclaycard and MBNAicon, so that is at least a month away.

    No CCA from Barc as yet, however MBNA have replied - in a fashion. Please check out the post at
    http://www.consumeractiongroup.co.uk...ml#post1902347,
    if you have any advice, fantastic.

    No, address is a PO Box in Australia, for all.

    Am waiting for Barc to respond to the CCA request. I have little idea of charges, would say hundred plus? Same for MBNA. Awaiting SARicon to clarify this.

    Regards

    J2020
    PS I have some good memories of The Planet, playing cricket in the summer evenings. Lovely. The Rec, though, not sure about that wicket!!



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