Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Angry Right, this is WAR! Bookie v Barclays, Part Trois.

    Bookie v Barclaysicon, part Une: 1-0 to Bookie.
    Bookie v Barclays, part Deux: Currently 0-0 due to OFT v Banks untimely intervention.
    Bookie v Barclays, part Trois: Twice in the last 3 weeks, the swines have managed to catch me out in their damned reserve for going over by a couple of quid and charging me £22 each time for the privilege.

    Now, of course, with Barclays beign the kings of offset, one has to wonder why they can't apply this leger-de-main when it would avoid the charges: I had transferred money to my 2nd account (the one from which my mortgageicon comes out), so there were sufficient funds there to cover what came out today, so why not offset there and then? I think we can all guess the answer, boys and girls.

    Anyway, this time I am going to go for the fosicon approach, simply because I am very curious indeed on what their view is on the Reserve fees and so far no-one has told us, so I guess I'll go trailblazing again.

    I shall of course keep this thread updated as and when, but remember that the FOS tends to take their sweet time, so don't hold your breath for too long. ;-)

    Apologies to people who I was in the process of helping, I may be gone some time.

  2. #2
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Hi Bookie,

    There'll be Sooooo many peeps watching this to see how you get on challenging the new Reserve Fees, and I'm booking a ring-side seat now.

    Oh, and go easy avec le Francaise - we don't all parlez so well these days.



    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: Right, this is WAR! Bookie v Barclays, Part Trois.

    Hey - I'm already challenging the reserve fees - just sending off my lbaicon - bit of a long story but Barclaysicon have, in a letter that has crossed with others admitted i'm in financial hardship and offered to refund 50% INCLUDING my new reserve usage fees. Fingers crossed.

    TheKat1979 - Taking Control!

    Taking on -
    Barclaycard via HFO - daft application form sent
    Barclays Current Account - at AQ stage - fingers crossed asked for Hardship
    Egg - various issues! Are about to default me on a disputed debt!
    Bryan Carter CCJ set aside - looks to have been set aside without a trip to court! WOO!

  4. #4
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    im watching too. good luck to you and all


  5. #5
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Right, prelim is off to Churchill Place tomorrow.

    Apologies to people who I was in the process of helping, I may be gone some time.

  6. #6
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    subbingicon.

    This 'reserve' has to be the biggest ripoff yet.

    Good luck with it, Bookie. We'll all be behind you.

    DD xxxxx


  7. #7
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Reply today:

    Dear Mrs BW,

    Thank you for your letter which was received at this office on 9th Feb 09 regarding the service you have experienced frm Barclaysicon. I am sorry that you have had cause to complain.

    A copy of your complaint has been forwarded to a Manager for the relevant area who will arrange to have the matter fully investigated, and for somebody to contact you. You should hear from by no later than 6th March 09.

    I have enclosed a copy of our leaflet... bla bla blah.
    Can't wait.

    Apologies to people who I was in the process of helping, I may be gone some time.

  8. #8
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Good lucky guys.

    I have fired a letter response to Barclaysicon today.

    In my case I already had quite significant overdrafts with them and they just topped them up with no further financial assessment and then charged excessive amounts for doing so.
    They opted me into this scheme automatically and then charged me like a highwayman...well ffs at least dick turpin wore a mask ....

    Will let you know how I go !

    Fingers

    The Story So Far...

    Barclaycard - Fingers Vs Barclaycard
    Egg - Egg Credit Card CCA Agreement - help
    Halifax - Halifax Credit card CCA
    IF - CCA received
    Lloyds - Lloyds CCA
    MBNA-CCA received, challening
    Virgin - Virgin Card CCA May 2006 - Help Required

    OH Barccard - 2 s78 letters, on 2nd cpr

  9. #9
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Response today (very much template letter, btw):

    Bla bla, charges applied correctly, bla bla no refund, bla bla we told everybody, yaa boo sucks...

    Only thing of interesticon is their assertion that "the opt-in is perfectly legal". Well, we shall see, won't we?

    Apologies to people who I was in the process of helping, I may be gone some time.

  10. #10
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Give 'em some 'ammer, Bookie.

    If this has been useful to you, please click on the scales at bottom left of post. Thanks.

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  11. #11
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Quote Originally Posted by Bookworm View Post
    Response today (very much template letter, btw):

    Bla bla, charges applied correctly, bla bla no refund, bla bla we told everybody, yaa boo sucks...

    Only thing of interesticon is their assertion that "the opt-in is perfectly legal". Well, we shall see, won't we?
    Surely if you send a template letter you do not expect a personal reply?


  12. #12
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Hi Bookworm,

    Looking for some thought on the application of Section 140 CCA and the question of irresponsibility - would this supercede or qualify any letter of the law? Meaning opt in/out is only legal if it is applied responsibly?

    Re - successful refunding due to hardship - I don't doubt I could similarly qualify but wonder if this would affect any fosicon (on going... slowly) intervention.

    Over and above the financial difficulty, I am keen to challenge the nature of opt in/out and it's alleged legality, and discouraging the continuation - a first step being claiming due compensation for additional costs, significant reduction in 'quality of life' and the harrassment and a punitive payment for the bank's irresponsible behaviour.

    Need may override intent, but some of your experience applied to the consideration would be very useful.

    Cheers,

    MBNS


  13. #13
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    I filed at Court today for the return of the charges levied unlawfully against me. Fingers crossed. I've asked them not to stay the case as I am in financial hardship, and Barclaysicon admitted I'm in financial hardship yet refused to pay up.

    I'll start a new threadicon with my progress once I've got the papers back from the court - I've included charges, quite a lot of which are for their 'reserve fees'.

    TheKat1979 - Taking Control!

    Taking on -
    Barclaycard via HFO - daft application form sent
    Barclays Current Account - at AQ stage - fingers crossed asked for Hardship
    Egg - various issues! Are about to default me on a disputed debt!
    Bryan Carter CCJ set aside - looks to have been set aside without a trip to court! WOO!

  14. #14
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Quote Originally Posted by yourbank View Post
    Surely if you send a template letter you do not expect a personal reply?
    Lol, no, except my letter wasn't a template, I write my own and this is a new situation, so testing the ground. ;-)

    What I meant however was that they obviously have already got a set of preset replies to say no. This is my 3rd attack on Barclaysicon and believe me, I have had my share of non-templated letters when they were trying to find ways to put us off. This one shows that they have organised themselves ahead, that's the point I was making.

    Apologies to people who I was in the process of helping, I may be gone some time.

  15. #15
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    hi

    I have read this thread with interest and will follow it closely

    One question though, I have a £2k overdrafticon facility with Barclaysicon, must have gone over that at some point and they have been charging this dreadful £22 per five days for months (I was unaware doh)

    When I complained they sent a long letter saying that the charges are ok, that they wrote and told me what they were doing and that they refuse to refund any of the charges. They also said that they have removed the Reserve and I don't actually understand the impact of that. Does that mean that they will now not charge me the £22 per week?

    I have got a thread on this in the legal issues section (possibly the wrong place for it?)

    forgot to include that they at some point added a £500 reserve (even though there was only £30 per month going into the account to cover the overdraft interest charges)
    many thanks


  16. #16
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Quote Originally Posted by Bookworm View Post
    Lol, no, except my letter wasn't a template, I write my own and this is a new situation, so testing the ground. ;-)

    What I meant however was that they obviously have already got a set of preset replies to say no. This is my 3rd attack on Barclaysicon and believe me, I have had my share of non-templated letters when they were trying to find ways to put us off. This one shows that they have organised themselves ahead, that's the point I was making.
    All banks have set formats to respond to letters, and the off script is usually not really off script. I knew what you meant and you are absolutely right in the point you made. All banks have a No letter to letters of that nature and some have a Yes to it as well.


  17. #17
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Sunshine, your thread is now in the Barclaysicon forum.



    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.

  18. #18
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    i,m getting ready to go against Barclaysicon, good luck (proberly not requiered)

    LF53

  19. #19
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    Bookie, will you still be going down the fosicon route if the banks conceed defeat, if so is this because you still want to try and ascertain what they think about this reserve business?.

    I realise it's not the same, just wondered if today's news has got you thinking about your options? YB seems to think it would be challengable under UTCCR.


  20. #20
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    Default Re: Right, this is WAR! Bookie v Barclays, Part Trois.

    All the best bookie!



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