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 barclaycard charges

    hi
    could anyone give me some advice please.
    My barclaycard account was closed in sept 2006.
    In 2008 they sold it to LOwell Portfollio who I am paying. The account owed £700.
    If I claim my charges will barclaycard send me the full amount of charges they refund or will they deduct it from the amount owing even though they have sold the account and so are no longer the holders of the debt
    your comments would be helpfull
    bob


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    Default Re: barclaycard charges

    Hi, Bob.

    HBOSicon paid my claimed charges back to Lowell when I won my claim, I have since been advised that you can ask them for a cheque, made out to you.
    It's your money and you should decide how to spend it,

    They will try to tell you different, but stick to your guns and continue with your claim if they do not comply.

    It's been done many times before, successfully

    Regards.

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    If in doubt, you should seek the opinion of a Qualified Professional.

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  3. #3
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    Default Re: barclaycard charges

    Hi Scott
    thanks for that info I wil certainly go ahead and insist on a cheque
    bob


  4. #4
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    Default Re: barclaycard charges

    Hi Robbie,

    Roughly how much can you reclaim in penalty charges.

    Have you made a CCA request to Lowells for your credit agreement.

    If the a/c is now owned by Lowells, they must produce the credit agreement. They are also responsible for repaying the penalty charges.

    You may have to issue a court claim for the charges as they're unlikely to agree to repay you direct.

    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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  5. #5
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    Smile Re: barclaycard charges

    Hi
    hooray they have agreed to pay back charges with interesticon.

    But they have said that they intend to pay it to Lowell who hold the account, even though I asked for a cheque to be paid to me, surely they cannot pay any money owed to me to a third party as they sold this debt to lowell and surely therefore have no hold on it, and if I contacted Lowell to make a one off payment they would offer me a huge discount.

    So can I go back to Barclaycard and insist on a cheque to be paid to me.

    your comments woulkd be appreciated

    bob


  6. #6
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    Default Re: barclaycard charges

    You can insist that BC repay the charges to you.

    If they refuse, which they no doubt will, you'll have to file a claim at your local county courticon.

    Roughly how much will you get back in chgs and how does this compare to the alleged debt.

    I see from your 1st post that you are paying Lowells - did you send them, or BC, a CCA request.

    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 Re: barclaycard charges

    Hi
    Thanks for your comments,I have written to BC demanding they send a cheque to me and not a third party.
    I owe Lowell £656 and BC have offered me £832
    I have a letter from BC stating that they sold the acoount to Lowell on the 25/07/2008.
    No I did not send any request to either for a cca


  8. #8
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    Default Re: barclaycard charges

    In the circumstances, would you not accept a set-off of the balance against the refund so get a net refund of £176.

    This would clear the debt, which you said you are still paying.

    Of course, it's up to you, and you have the right to seek a full refund so you could, for instance, make a pro-rata settlement to several Creditors and not just Lowells.

    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: barclaycard charges

    Hi
    yes I intended to negotiate a one off payment and then I could pay other creditors
    bob


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    Default Re: barclaycard charges

    See how they respond.

    Then decide if you feel the court route is your best option.



    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: barclaycard charges

    Hi
    thanks yes I will see what transpires with them.

    If I do go down the court route how will I have to word my actions could you advise please
    bob


  12. #12
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    Default Re: barclaycard charges

    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.

  13. #13
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    Default Re: barclaycard charges

    Hi
    just an update I wrote to BC requesting they pay me and not a 3rd party no response so have now sent a 2nd letter informing them if I do not receive cheque within 14 days then I shall instigate court proceedings, which I have every intention of doing
    bob


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    Default Re: barclaycard charges

    Good stuff, Bob.

    Slick'll keep you straight.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
    Help keep it up and active, helping people like you.


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  15. #15
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    Default Re: barclaycard charges

    Bob,

    Just a quick point. Before BC pay anything to Lowells, send Lowells/ring Lowells and ask what they would settle for as a Full and finalicon settlement.

    Ask them to confirm in writing.

    If BC then send them too much, take Lowells to Court for the extra

    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

  16. #16
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    Default Re: barclaycard charges

    Hi
    thanks for that it sounds like one way to go.

    If I have to continue with my original plan, if BC dosent pay me what would be the best way to fill the court papers because they have agreed to repay my charges but not to me
    any ideas
    bob


  17. #17
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    Default Re: barclaycard charges

    If you want the refund direct, you'll have to issue court proceedings to force BC's hand.

    If you're doing this, you may also want to consider claiming interesticon from them at the contractual rates they've charged you (25-30% APR !!).

    You still have to consider how to clear the BC a/c if you got the direct refund.

    Work out the poss claim if you use contractual interest rates. You may find you can clear the debt and have money left over.

    Read this - http://www.consumerforums.com/resour...-tutorial.html.

    In particular, try using the "simpler" spreadsheets linked in the "Credit Cards" heading.

    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.

  18. #18
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    Default Re: barclaycard charges

    Hi
    received a letter from BC today saying to contact customer services with my bank details and they will transfer my refund £831.48, phoned customer services and was told yes they will refund the difference from the amount they pay to Lowell.
    I told them that it was totally unacceptable and will have no other course than to issue court proceedings.
    So it seems that is the course to go
    bob


  19. #19
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    Default Re: barclaycard charges

    If you want it all back, you'll have to issue court proceedings.

    It's up to you.

    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: barclaycard charges

    Hi
    BC have offered to pay charges to Lowell I have said no.
    Issued court papers they have responded saying intend to defend and also wanted it struck off for wasting the courts time
    Now received court date of the 28th September for a 20 minute hearing
    should be interesting not sure what to say but I will have a go
    bob



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