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)


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Thread: Isubiela -v- BC

  1. #1
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    Smile Isubiela -v- BC

    Hi Slick,
    I have a Barclaycard agreement dating pre April 2007, however my credit limit was increased in 2008 will this have any adverse affect on any claim against an unenforceable CCA?


  2. #2
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    Default Re: Isubiela -v- BC

    Hi Isubiela,

    I've moved your post into your own thread to avoid hijacking.

    BC will probably reduce your limit to what the card is at for their own protection.

    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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    Default Re: Isubiela -v- BC

    Hi Slick,
    I haven't yet made a CCA request but are you saying that should I request one and they find they are not in possesion of a an enforcable agreement that my credit limit is likely to be reduced even if the card is at its current limit?

    Apologies if I have misunderstood you!


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    Default Re: Isubiela -v- BC

    Hi Isu,

    No apology required - I didn't make myself very clear above.

    If you write to BC asking for the credit agree't for the a/c, they will reasonably assume you are challenging the enforceability of the debt you owe. They'd be daft to advance you further credit on an a/c where they may expect you will challenge either the debt itself or the rate of repayment.

    If you had a card with a £3,000 limit, you had £500 owing on it and then you send a CCA request, BC will likely reduce the limit on the a/c to the balance you owe or close to it. Otherwise, you could whack a £2,500 HDTV on it and THEN decide to query the agreement.

    What is your aim in challenging the existance of an agreement with BC.

    Have you suffered any penalty charges on the a/c in the last 6 yearsicon. These can be reclaimed easily now.

    Be aware that, at the mo, if you send them a CCA request, they'll likely respond with only a set of T&C's. Read this as a poss 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.

    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