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.
I am about to start claiming all my charges back from Barclaycard. This is an old card for an account that is no longer open and had been sold on to a DCA, but they never had a valid CCA and stopped persuing me.
Now, I assume I need to give barclaycard my old and new address? If someone claiming has got married and their name is now different to the actual account name do they have to enclose a marriage certificate.
Asking as we are several people claiming at work! Can you also point me in the direction of template letters? I am unable to find them Doh!
Hi Pank and welcome to CAG. Hello to the several others too.
Each case is individual, so be aware that general advice may not cover all situations. It may be that you each need to start your own threads.
Read the Reclaiming Guide at Link No1 in my signature below.
You can pursue BC for a refund of penalty charges made to the a/c in the last 6 years. You can also insist that you be repaid by cheque and not have the refund used to reduce the debt. If you decide to clear the debt, or part of it along with other debts, that is your choice.
Write to BC using your current name and address but give them all relvant info such as Maiden Name, old a/c nos., old addresses, etc.
If they want sight of a marriage cert, no doubt they'll tell you.
Read other threads and you'll see BC are refunding with little trouble at the mo, unless you are claiming the higher rates of interest or your claim is for charges beyond 6 years.
They'll barely argue before repaying. Claiming the higher interest may significantly boost your claim, but BC will fight it all the way up to court and will only settle just before a full court hearing.
Personal bank account charges reclaims are dealt with differently and will be Stayed (adjourned) by the court when they reach a certain stage, because of the OFT test case.
However, you should still start any bank reclaim to protect older charges which would become over 6 years old and not be taken into account.
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.