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. 17th March 2009 20:03 #1
    BlackFalcon BlackFalcon is offline
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    Default cnfclarke/Barclaycard CCA -Advice please

    I went to file an N1 today to try to force Barclaycard to provide me with a copy of a legally correct credit agreement.

    So far they have stalled me for ages and then (eventually) provided me with a copy of the original application form, not the credit agreement.

    The courts wanted £150 to file the papers, even though the claim is for no money.

    The forums state that I shouldn't use MCOL as the claim will be automatically stayed, but since I am not yet trying to reclaim charges and trying to get a copy of my credit agreement, I wondered if it was still possible to use it.

    MCOL is a bit vague in its guidance by saying that the claim must be for a fixed amount (£0) but it doesn't state that it can't be used "to issue proceedings where your claim is for something other than money".

    I have searched the threads for hours but have not yet been able to find anyone taking the route that I am. Usually people wait for the credit card companies to take them to court. I have always been a bit of a fighter.

    It seems to me that if they cannot provide me with a legally enforceable credit agreement then they will have to come to some arrangement with me to pay off the debt that is a little bit more in my favour - if at all.

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  2. 17th March 2009 20:11 #2
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    Default Re: Money Claim On-Line and Barclaycard

    I'm afraid that they are correct. You need to make a part 8 applicaton and this costs £150.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
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  3. 17th March 2009 20:23 #3
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    Default Re: Money Claim On-Line and Barclaycard

    Are you sure?

    I am now so confused - there are several places in the forums where N1 (and therefore MCOL) has been specified above and beyond the part 8.

    £150 is a lot of money to someone who has none!

    If I file with MCOL what will happen?

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  4. 18th March 2009 15:58 #4
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    Default Re: Money Claim On-Line and Barclaycard

    Did you read this thread - http://www.consumeractiongroup.co.uk...uldnt-use.html

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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  5. 22nd March 2009 20:24 #5
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    Default Re: Money Claim On-Line and Barclaycard

    OK - no I hadn't read that, but no surprise as I started out before you started your thread.

    I have gone down the route of demanding under the CCA 1974 for Barclaycard to provide me with my credit agreement.

    Eventually, and after breaking all the deadlines they sent me a copy of my original application form.

    What do I do next?

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  6. 23rd March 2009 10:22 #6
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    Default Re: Money Claim On-Line and Barclaycard

    Have a read in the Barclaycard forums-theres no shortage of posts there,which will answer most,if not all of your questions.I will move your thread there from here.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
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  7. 23rd March 2009 14:34 #7
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    Default Re: cnfclarke/Barclaycard CCA -Advice please

    You can scan the Application form they sent you and post it here for checking. See here for guidance on this - http://www.consumeractiongroup.co.uk...i-dummies.html

    Re the CPR route, watch this thread to see how it pans out - http://www.consumeractiongroup.co.uk...-goldfish.html

    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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  8. 1st April 2009 18:07 #8
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    Default Re: cnfclarke/Barclaycard CCA -Advice please

    Hi Blackfalcon,

    I've just got my original application form too. I wondered when yours was from?

    Does it have any synopsis of T&Cs?

    My computer has crashed or I would try and post it up. It does refer to "Agreement sent on xxxx" (stamped on). Does yours?

    Best wishes,
    DD

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