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.

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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.

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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

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  1. #1
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    Red face *****offer of payment!*****

    hi there,
    barclay card have sold my account to hfo, have not paid since 2007, acc stood at about £2300 inc. their charges etc.
    i have asked b/card for refund of charges for £900 (inc. of 8% int)
    today i recieved a letter from them, same usual comments about they believe they are fair etc, but as a goodwill gestureicon, they have offered me £300 which is difference in charges after £12 plus 8% int.
    they said that they would knock this off the bill and amend it and inform the relevent agency (hfo)
    the problem i have is : do i accept this, in which case i still owe hfo, or do i accept in part payment?
    the other question is: hfo havn't as yet (for many months!) come up with a cca, so i will def. not pay them anything!
    all has been quiet since i last sent them a harrassment letter, i have sent them a serious default letter due to lack of cca.
    i know this is going to sound really greedy! but ... ...is there any way that b/c could not pay the money to me, as i did pay a lot of the charges
    before the account was passed over and closed?
    if not, i will be doing this, just for them to alter a few figures on my alledged debt! to a company who can't proove they own the alledged debt! and i could sure use the money!!!
    don't mean to sound greedy, but any advice is most appreciated!
    thanks


  2. #2
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    Default Re: *****offer of payment!*****

    Hi Redroo,

    Send them a Rejection letter from here - http://www.consumeractiongroup.co.uk...ng-offers.html

    The refund will be set against the o/s debt in your circumstances. Sorry but I don't see this happening any other way.



    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: *****offer of payment!*****

    hi slick,
    i'm glad you answered, as i wanted to let you know how i got on!!
    this is the letter you said they would send me!
    not really bothered that i can't have money, although it would be nice eh??
    just can't see how b/c can alter debt as they don't own it now!!
    anyway, thanks again


  4. #4
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    Default Re: *****offer of payment!*****

    Sorry but as the debt is now owned by HFO and not BC, the situation may be different.

    Have you asked BC or HFO for sight of the Credit Agreement on this a/c.

    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: *****offer of payment!*****

    Don't forget this £12 ceiling fee is only a RECOMMENDATION by the OFT, they have no clout to make it legal. They merely said that if a charge was above this £12 guideline they would be taking an interesticon. I bet your letter implied this was legally binding.

    You say you included the 8% - I am assuming this is without filing at court. You can only claim the 8% when you file. Not too worry, it is only a small error and you arn't the 1st -or last person - to make this error. If it was only your prelim letter I suggest combining the rejection letter with the lbaicon. Allthe best

    If my advice has been helpful tip the scales

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  6. #6
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    Default Re: *****offer of payment!*****

    REJECT their offer Send the letter I have ended up with 4xBC Accounts, 2 have agreed to repayment plans with no interesticon or charges and 2x have offered part settlements.......... have rejected them both, charges plus interest at 8%, what the heck, lol


  7. #7
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    Default Re: *****offer of payment!*****

    hi all,
    thanks so much for your advice.
    i have asked hfo for the cca, and sent them the serious default letter, not heard anything yet, will put on here when i/if i do.
    they are such a nasty company, but am not so worried about dealing with them, since learning all the time on here, nice to know that there are people out there , that are willing to help others and not for their own gain!!
    wasn't sure who got the money if settled, as i have said b/c sold the alledged debt to hfo, but as yet, they havn't come up with the cca!!
    i did have an idea that b/c would just take the amount off, but not really fair as i did pay a lot of those charges to b/c before it was passed over to hfo. really wanted to ask them to pay me by cheque he he he bit cheeky though !!
    anyway, thanks again


  8. #8
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    Default Re: *****offer of payment!*****

    If BC have sold the debt, it has nothing to do with them.

    If HFO have no valid credit agreement, they cannot enfoce the debt.

    But they may have a duty to refund the penalty charges levied against you. I'll see if Noomill is around to comment on this further.



    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.

  9. #9
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    Default Re: *****offer of payment!*****

    thanks once again slick!!
    i would really appreciate that


  10. #10
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    Default Re: *****offer of payment!*****

    Have you asked BC or HFO for sight of the Credit Agreement on this a/c.
    You didn't answer this and we need to know.

    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.

  11. #11
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    Default Re: *****offer of payment!*****

    is that the cca? If so, yes i asked hfo for the cca, as b/c passed it to them.


  12. #12
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    Default Re: *****offer of payment!*****

    Havent read all this thread, just the forst few lines of the first post.

    I claim charges + contractual rate on each charge as the main claim

    If I have to start small claimicon, I claim:

    Charges+ contractual rate + court interesticon at the contractual rate + court fee.

    OK, I'll go back and read the rest of the thread...


  13. #13
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    Default Re: *****offer of payment!*****

    OK, the "debt" has been bought by a DCAicon (I assume the DCA has stated this in a letter sent)

    Its the DCA who owe you money, so sue them, not Sharkleys.


  14. #14
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    Default Re: *****offer of payment!*****

    Have to go out for half an hour, back in a bit. Play nicely.


  15. #15
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    Default Re: *****offer of payment!*****

    the reason i am persuing b/c is that the charges they made and i paid before they put over to d/c really nasty company!
    i have got a (really long!!) thread about this all called:
    Ooops!! Have Argued With Hfo, Not Sure What To Do Next!!
    basically sent cca to d/c, and SARicon to b/c results are b/c sent letter today, and hfo still have no cca, but they did send a letter saying they now own the debt! but like i said i have sent them a serious default letter, and am waiting for the time to expire, as i have heard nothing from them for a while! as they have already bought the debt, i can't see how b/c can alter it??
    thanks for your help


  16. #16
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    Default Re: *****offer of payment!*****

    Quote Originally Posted by redroo555 View Post
    is that the cca? If so, yes i asked hfo for the cca, as b/c passed it to them.
    And what was HFO's response to your CCA request.

    When did you CCA them and was it sent by Rec'd Del'y.

    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.

  17. #17
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    Default Re: *****offer of payment!*****

    please don't think i'm being rude, as you are helping me, but have to go to bed now as i have a really early start in the morning!!
    thanks slick and noomill060
    will catch up tom!!


  18. #18
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    Default Re: *****offer of payment!*****

    hfo's response was a letter to state they now own debt,
    just a straightforward letter!
    then they decided to send the same letter to my brother in law!! i think to embarrass me!
    waiting for response to serious default letter


  19. #19
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    Default Re: *****offer of payment!*****

    all sent by rec del, and checked that recieved and also the electronic copy of signiture.
    the letter was sent on the 24/01/09 and they signed for it on the 27/01/09


  20. #20
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    Default Re: *****offer of payment!*****

    Good- that make it easier to sue them.

    Its HFO you should be chasing, ignore Barclaysicon offer for time being.

    Catch you tomorrow.



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