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 Response from B'card/Goldfish CCA request

    I sent a CCA request to Barclaycard/Goldfish on 6th November 2008. Have finally just received a reply after sending a 2nd letter. They have backdated the letter to 6th January 2009, the date I gave them to respond by.

    All I received was the standard letter, "Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms & Condition. If you need any further information" etc etc. No copy of my credit card agreement, though I'm not surprised I took the card out with Goldfish back in 1998.

    Mercers (barclaycard by another name) are constantly calling, but I can handle it. They never get very far with me, I exasperate them til they hang up, the calls then stop for a week or so.
    I also received a reply to my harrasement letter saying they were doing nothing wrong...

    I'm now going to write a short, straight to the point letter to remind them of their obligations and remind them that the account is in disputeicon.

    Then I don't know what to do.

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  2. #2
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    Default Re: Response from B'card/Goldfish CCA request

    Just a quick update.

    Have still never received a copy of my agreement. I received a letter from Calder Financial today. Going to send them all the copies of the letters I have sent to Barclaycard/Goldfish and tell them if they continue to harass me I will report them to the fosicon and Trading Standards.


  3. #3
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    Default Re: Response from B'card/Goldfish CCA request

    Hi CB,

    BC are unlikely to send you the Credit Agreement in response to your CCA request.

    See here for an alternative strategy - http://www.consumeractiongroup.co.uk...uldnt-use.html



    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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  4. #4
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    Default Re: Response from B'card/Goldfish CCA request

    Thank you for your reply.

    I live in Scotland, does this make any difference regarding Court procedures?


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    Default Re: Response from B'card/Goldfish CCA request

    Hi CB,

    Because of the differences in the 2 legal systems, I'll have to seek further input on this.

    Please bear with us.



    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: Response from B'card/Goldfish CCA request

    Pt2537 has responded as follows:-

    "sadly the CPR only applies in England and Wales

    however since Barclaysicon have a registered office in England the op may be able to make an application under CPR 31.16 but they would need to present the N244icon in the english courts

    thats my understanding"

    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.

  7. #7
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    Default Re: Response from B'card/Goldfish CCA request

    I live in Scotland, does this make any difference regarding Court procedures?
    Unlike in England and Wales, there is no statutory basis for a Pre-Action Protocol in Scotland. The Pre-Action Protocol, covering disclosure of documents etc, is currently voluntary and only covers a small area of the law (accident claims up to 10K).


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    Default Re: Response from B'card/Goldfish CCA request

    Thank you for the replies.

    I'm not sure what to do now.


  9. #9
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    Default Re: Response from B'card/Goldfish CCA request

    Hi CB,

    In the circumstances, the CPR route is not viable unless you (or your BC a/c) are in England.

    So continue to pester them as per the penultimate para of your first post.

    This should fit the bill - http://www.consumeractiongroup.co.uk...ml#post1821561



    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