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

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  1. #1
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    Default re-claiming my charges!?!? **WON** with Contractual Interest and no court claim !

    hi, I would like to proceed with getting my money back from my Barclaysicon credit card. if anybody could be kind enough to point me in the right direction, i would be very gratefull, thx.


  2. #2
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    Default Re: re-claiming my charges!?!?

    Hi D1cky,

    If you don't have 6 yearsicon' statements, get them with an SARicon + £10 fee to BC.

    Fill in the Site spreadsheet listing all penalty charges to make your SOC.

    Send to BC with this letter - http://www.consumeractiongroup.co.uk...RD-letter.html

    See Link No1 in my signatureicon below - Reclaiming Guide.

    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: re-claiming my charges!?!?

    well im missing page 1 from april 05, apart from that i have all statements from january 05 right the way up till march 08. funny actually because i havnt used my card since it was paid off in march 08 but i recieve a statement thru the door of january this year with a £35 card protection fee charged to me. Obviously rang them and told them to remove this strait away but what a cheek! any way back to the statements how am i to know if theier are any statements prior 05, is this where i should write and ask for copy of statemnts for anythig before may 05?


  4. #4
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    Default Re: re-claiming my charges!?!?

    Send them a SAR , dicky, asking for everything they have on you ......... cost £10 goes back 6 yearsicon ......

    Subject access requesticon (Subject access requesticon

    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/516-1-data-protection-act.html

    Explanation –what a Subject Access Request is
    http://www.ico.gov.uk/upload/documen...a_subjects.pdf

    S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10


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    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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  5. #5
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    Default Re: re-claiming my charges!?!?

    k, will do. thx


  6. #6
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    Default Re: re-claiming my charges!?!?

    are the letters exactly the same if its for credit cards rather than banks?


  7. #7
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    Default Re: re-claiming my charges!?!?

    If it's a SARicon not a CCA - I would say yes , you want all they've got on you Credit Card orientated ........


    Nemo me impune lacessit


    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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  8. #8
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    Default Re: re-claiming my charges!?!?

    If it's a SARicon for a credit card, make sure you include specific mention of your executed Credit Agreement. If they fail to provide this, you can complain to the Info'n Comm'rs Office.

    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: re-claiming my charges!?!?

    ive just printed off the template letters as they are but just added my name and address, thier name and address, and my acount number have not changed anything else on them! should I and if so what and where?


  10. #10
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    Default Re: re-claiming my charges!?!?

    If you've amended a template to suit your own case, that should be fine.



    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: re-claiming my charges!?!?

    Quote Originally Posted by slick132 View Post
    If it's a SARicon for a credit card, make sure you include specific mention of your executed Credit Agreement. If they fail to provide this, you can complain to the Info'n Comm'rs Office.

    there is no mention of executed credit agreement in these template letters! these letters are designed for bank charges! are there not any template letters on here for if you are dealing with credit card comanies and not the banks?


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    Default Re: re-claiming my charges!?!?

    Try this one

    http://www.consumeractiongroup.co.uk...5-sar-ppi.html

    This is a self help forum, you have to do SOME things yourself.

    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  13. #13
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    Default Re: re-claiming my charges!?!?

    lol, I know I do apoligies but I really do strugle when it comes to letters and formal things like this. I do try as much as possible!

    Any way thanx for this link. I have actually altered it a bit and I will post it on here for Anybody to use if they are just dealing with a credit card account. Please point out to me If theres anything thats not right about it.


  14. #14
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    Default Re: re-claiming my charges!?!?

    Thier address your address






    Date: xx/xx/xx

    DATA PROTECTION ACT 1998
    Subject access requesticon


    Dear Sir/Madam
    My name: xxx xxx
    Account No: xxxxxxxxxxxxxxxx



    I understand that you currently hold details of my personal and financial information within your internal record systems with regard to the credit card account no. as above.

    Please supply me with a complete list of transactions and charges relating to my credit card history with your organization, INCLUDING, payment protection insurance and any other products. Alternatively a complete set of statements for the account is acceptable. I would be grateful if you would provide the following for the account I have held with your organization:
    -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

    - A complete list of all transactions or statements relating to my credit cardwith your organization.

    -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

    -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

    - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

    -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

    I enclose a cheque in the sum of £10 to cover your fee.

    IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

    I look forward to hearing from you in the first instance of receipt.

    Yours faithfully




    your name



    I don't want any credit for this as this is mainly wrote by somebody else, I have just altered it a bit for anybody that just wants a S.A.R letter for credit cards. If you want the original copy then click on the link a cpl/few posts prior to this one. The original is for if you require an S.A.R request for a few different services i.e credit cards and loans but supplied by the same company i.e if you had a credit card and a loan supplied by say HSBCicon, then you would require the original copy.



  15. #15
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    Default Re: re-claiming my charges!?!?

    Hi D1cky,

    As it's a forum template letter, please don't put it on your thread just now.

    You've raised a good point about the SARicon not addressing the Credit Agreement and I'll take 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.

  16. #16
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    Default Re: re-claiming my charges!?!?

    Doh !!

    Too late.



    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: re-claiming my charges!?!?

    lol, sorry!


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    Default Re: re-claiming my charges!?!?

    Hi slick . I'm a wee bit confused here(but that's nothing unusual ! )

    You've raised a good point about the Subject access requesticon not addressing the Credit Agreement and I'll take this further.
    Surely a SARicon , by it's very nature asks for everything they hold on you , with your name on it - doesn't that include Credit Agreements ....?

    There's also this one ...... Letter N

    http://www.consumeractiongroup.co.uk...tml#post162353


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    Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


    If you think I've helped you please feel free to tickle my star

  19. #19
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    Default Re: re-claiming my charges!?!?

    wow, he has been a busy man. none of them are any good for me tho are they?


  20. #20
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    Default Re: re-claiming my charges!?!?

    Howdy JM,

    Letter N is the CCA request made under the CCA1974, which is totally different to ..........

    ............ the SARicon which is made under the Data Protection Act, as you know.

    I totally agree that a bank SHOULD provide everything they hold on you. However, the reality is that they appear to be selective (massive understatement) with their replies.

    BC are not sending out Agreements when asked in a CCA request, so highlighting this in a SARicon may help in enforcing compliance, either through the ICO or court.

    I've already raised this with the Site Team and I'm sure any amendments will follow if deemed necessary.

    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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