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 reclaim charges cca or sar??

    Hi, Not sure where to start, got a thread in getting out of debt as I was trying to get cc to agree to reduced payments. Bcard have been particularly unhelpful so far and I received a letter from mercers yesterday. What i'd like to know is, I want to reclaim the charges back, do I need to send a SARicon or cca. Even if they dont have a valid signed agreement surely the fact that I've asked for reduced payments and have used the account means that I've agreed with their terms. Sorry to be so thick! Was worried about annoying them but Seeing as they've repeatedly refused my requests thought I may as well go for it.
    Any advice on the first step would be greatly appreciated! Had the card for years. Also want to do cap 1 and BOSicon but starting off slowly with one 1st!


  2. #2
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    Default Re: reclaim charges cca or sar??

    You need to send a SARicon to get a Breakdownicon of the charges on the account. You need to have a read through the FAQ's to familiarise yourself with the reclaiming process. The process is the same for credit card charges as for bank charges.


  3. #3
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    Default Re: reclaim charges cca or sar??

    Thanks Rory, will have a look.


  4. #4
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    Default Re: reclaim charges cca or sar??

    Hi BainMarie,

    BC are repaying charges quite readily, and reclaiming them will do nothing to jeopardise your position.

    Read the Reclaiming Guide at Link No1 in my signatureicon below.

    Come back with any Q's.



    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: reclaim charges cca or sar??

    Thanks Slick, the letter from Mercers was a default notice. Have written to Mercers & enclosed copies of the letters I sent to barclaycard telling them I can't pay anymore than I have already offered. will have a read through and let you know how I get on.


  6. #6
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    Default Re: reclaim charges cca or sar??

    You have grounds to complain about the Default Notice if it includes any unlawful penalty charges.

    Read here - http://www.consumeractiongroup.co.uk...efault-issues/

    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.

  7. #7
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    Default barclaycard cpr?

    Hi Slick,
    Just seen your note about bcard cca a waste of time & should go down the cpr route. Not sure what this is.
    Basically, have been trying to get bcard to agree to reduced payments since Jan. Have been making monthly payments in line with the offer but they're still bunging on charges etc. Been passed to Mercers who issued a default and had a letter from power2call who havent shown up. Last letter I had was from bcard who said unless I pay the arrears in full I may get somthing to take money direct from my wages of a charging order against my house. Seeing as i'm making the payment can't see a court enforcing this. Getting loads of calls to my mobile, recently changed my home number so getting a bit of peace there! Got other cards but want to start with one first to see how it goes. Coud you advise about the cpr route please. Wont send anything yet till I hear from you.
    Thank you


  8. #8
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    Default Re: reclaim charges cca or sar??

    Hi BM,

    2 threads merged - please stick to the one, so your case stays together.

    Read Link No2 in my signatureicon below about the CPR route - the first few posts will explain the basics and show the letters you need to send to get the ball rolling. We're doing this because BC won't send you a credit agreement in response to a CCA request.

    See this thread for a guide on how smt37's case goes on the CPR route - http://www.consumeractiongroup.co.uk...ighlight=smt37

    Most of BC's threats are hot air. They may eventually send someone round. Read this in case they do - http://www.consumerforums.com/resour...ep-visit-.html

    Before they can take any enforcement action, they have to produce a valid credit agreement. So forget the threats about your home or wages and ignore their calls.

    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: reclaim charges cca or sar??

    Thank you. Sorry about the 2 threads.
    I probabley sound like a real wimp but the thought of any court action terrifies me. Really not very confident with all this stuff but i'm trying to learn. Just wanted to know, if I go cpr route whats likely to happen, i'm trying to read thru everything but tend to get a bit overwhelmd by it!
    Also do I send it to bc or mercers and do i send a £1?
    Thank you
    Also having problems with Barclaysicon bank acc & cap oneicon but will start separate thread for that, i'm confused enough already!


  10. #10
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    Default Re: reclaim charges cca or sar??

    Send the CPR letter to BC and a copy to Mercers.

    No fee is payable for the CPR request.

    I know it is overwhelming but you'll get more used to the phrases and abbreviations as you go along.

    At the moment, you can just send the first CPR letter, followed by the second after 21 days. You don't HAVE to understand it all at this stage.

    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: reclaim charges cca or sar??

    Thanks Slick, will get the CPR request off tomorrow.


  12. #12
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    Default Re: reclaim charges cca or sar??

    Sorry, more questions. should I cca b'card 1st. Most of the threads I've read have tried the cca and not had any luck which was why they went cpr. I just wandered of it would look better to a court if you tried cca 1st or would'nt it matter? Also is there a link to the address for BC to send the letters to?
    Thank you


  13. #13
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    Default Re: reclaim charges cca or sar??

    Hi BM,

    You can send off the CPR letters without wasting time and energy with a CCA request.

    Have you've seen the good newsicon about smt37 and the CPR strategy - http://www.consumeractiongroup.co.uk...t-success.html

    We'll have to see how BC deal with the order from the court.

    Use this address for the CPR request - http://www.consumeractiongroup.co.uk...ml#post1871443

    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.

  14. #14
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    Default Re: reclaim charges cca or sar??

    Thanks, will just send the cpr letter.
    Brilliant news about smt, really gives you a push to make a stand and fight your case.


  15. #15
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    Default Re: reclaim charges cca or sar??

    Just wanted to check, have printed my name on the CPR letter, is this ok?


  16. #16
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    Default Re: reclaim charges cca or sar??

    Yup, that's fine.

    Or use your signatureicon but strike a bold line through it, so it can't be copied or "lifted" for use on another document.



    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: reclaim charges cca or sar??

    Thank you, will let you know when/if I hear from them!



  18. #18
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    Default Re: reclaim charges cca or sar??

    Hi, bit worried now, just read what banker rhymes with wrote in kiani's thread about starting with cca then SARicon, I havent done either of thes, just gone straight in with a cpr request, will this be a problem??
    Cheers BM


  19. #19
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    Default Re: reclaim charges cca or sar??

    I think not - the only benefit of using the CCA first is you can say they've failed to respond properly, so you're entitled to stop payment. You can also say they must stop collection activity.

    However, BC disagree with this view (and there's at least some merit in their argument). So they'll continue trying to collect anyway.

    I'd press on with the CPR route if you want to get sight of the agreement.

    If this troubles you, send a CCA request and fee anyway. It'll cost you £1.

    Have you had a reply to your SARicon so you have statements to see what penalty charges you've suffered.



    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.

  20. #20
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    Default Re: reclaim charges cca or sar??

    Thanks again Slick,
    Sent CPR request on Tuesday, havent sent SARicon yet as not often i've got a spare tenner! Can i still send off for a SARicon now seeing as I've only just sent a CPR??
    Sorry for all the questions



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