Patricia Pearl - Small Claims Procedure - A Practical Guide


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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.

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  1. #1
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    Default Beachy v Barclaycard/Mercers take 2

    November '08 sent cca request to Barclaycard, 12+2 days passed so they were sent dispute letter.

    Eventually received T&C's as my cca, further dispute letter sent - no response, filed letter of complaint sent & in return received another set of T&C's.
    In response I fired off a lbaicon/dispute letter and again received third set of T&C's claiming it to be my cca.

    Although account has been in dispute since last November they have continued to add interesticon & charges, the charges I have successfully got refunded apart from £48 for Feb & March, telephone callsicon have been relentless and have totalled 754 since they failed to provide the cca.

    In order to regain peace & quite managed to scrape together enough money to purchase True Call (a life saver - thank you True Call - highly recommended), low & behold this morning received default notice from Mercers (first contact from them) demanding I pay the arrears by 12th April.

    I will post up what they have sent later (at work at the moment).

    Incidently they have also failed to comply to my SARicon & this is already with the ICO who are dealing with this complaint on my behalf.

    Although I have won back charges, my next battle is to reclaim £2,500 from them 2002 - 2004, can't go back any further because they refuse to provide those statements.

    Depressed Beachy


  2. #2
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Mods.

    Just realized posted in wrong section, please could someone move this to debt collectionicon Industry Section where I would get the advice I need.

    Thanks


  3. #3
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    Default Re: Beachy v Barclaycard/Mercers take 2

    you are doing fine

    Excellent work so far.

    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

  4. #4
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Thanks JOgs,

    Your the only reply I have got on this thread.

    How do I take the battle to Mercers, they are bang out of order as well as BC for passing it to them.

    BC will not entertain any form of payment plan (other than full minimum payment) even budget planner from NDL.

    They drove me last year to the brink of me harming myself with their constant harassment, I had to miss other payments in order to get them off my back, this was of course before I found CAGicon.

    Beachy


  5. #5
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Bumping

    For advice on how to deal with default notices from Mercers.


  6. #6
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Have you sent the account in dispute/bemused letter?

    I know it's like teaching grannies to suck eggs when I'm talking to you BC, but I have to ask! (It's my new job)

    Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!
    Thames Credit -statute barred sent 13/11/08
    BCW- prove debt letter- 14/08/08
    Apex- CCA 14/08/08
    Redcats UK- SAR 14/04/09
    Call Serve- CCA 14/08/08
    Littlewoods- no CCA letter 03/09/08- Lowells now
    Wescot- CCA 19/9/08
    Capital One/Debitas- now with Lowells

    Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

  7. #7
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Did you every follow up on the lbaicon letter?

    Every journey begins with a single step

    Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

    If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You


    The only person entitled to your Personal Finance details is a Judge not a DCA

    Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

    Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

  8. #8
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Quote Originally Posted by emmaf01 View Post
    Have you sent the account in dispute/bemused letter?

    I know it's like teaching grannies to suck eggs when I'm talking to you BC, but I have to ask! (It's my new job)

    Hi emma,

    Thank goodness someones out there, starting to think I'd been left out in the cold.

    I have been sending dispute letters since they failed to provide a copy of my agreement last November, all I get in reply is copies of T&C's 'at the time the account was opened' & current T&C's.

    They totally ignored my lbaicon in regard to non compliance to SARicon in which I also asked for a copy of my agreement - this complaint is currently with ICO.

    I have been paying double the amount NDL said I should pay because BC flatly refuse any sort of payment plan, even in default they are adding interesticon & charges to the account.

    Mercers have now popped out from the woodwork and slapped two default notices on each account (this has been the only contact from Mercers, I am hoping to scan the notice up tonight when I get back as Iam sure they don't comply. I want to avoid having these defaults being registered with the CRA's if possible has I bank with Barclaysicon - although C1 has already ruined my Credit rating.

    I have asked for their complaints procedure but this has also been ignored, I wonder whether I should send the bemused letter to Mercers and a stinking letter to barclaycard.

    And I thought C1 were hard to deal with!

    Don't worry about the sucking eggs comment, tried blowing birds eggs as a kid with my older brother (before it was illegal) second attempt I had a very rotten Eggicon which promptly stopped the 'collecting' I must add that this was over 50 years ago.

    Beachy


  9. #9
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Quote Originally Posted by harrassed senior View Post
    Did you every follow up on the lbaicon letter?

    TBH, I haven't followed it up with court action, it's only been a few weeks since my deadline - mainly due to costs issues - I have been waiting to see what the ICO came up with.

    Iam well known for being a pesimistic optimist.


  10. #10
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    Default Re: Beachy v Barclaycard/Mercers take 2

    I take it you've been chasing the ICO?

    Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!
    Thames Credit -statute barred sent 13/11/08
    BCW- prove debt letter- 14/08/08
    Apex- CCA 14/08/08
    Redcats UK- SAR 14/04/09
    Call Serve- CCA 14/08/08
    Littlewoods- no CCA letter 03/09/08- Lowells now
    Wescot- CCA 19/9/08
    Capital One/Debitas- now with Lowells

    Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

  11. #11
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Mornin'

    Yeap '....being investigated & awaiting a response from Barclaycard'.

    Funny how when you owe money they want it like yesterday, but when you have cause for complaint or they owe you money it takes for ever.

    Beachy


  12. #12
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Haven't they got any idea of timescales? It is terrible.

    Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!
    Thames Credit -statute barred sent 13/11/08
    BCW- prove debt letter- 14/08/08
    Apex- CCA 14/08/08
    Redcats UK- SAR 14/04/09
    Call Serve- CCA 14/08/08
    Littlewoods- no CCA letter 03/09/08- Lowells now
    Wescot- CCA 19/9/08
    Capital One/Debitas- now with Lowells

    Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

  13. #13
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    Default Re: Beachy v Barclaycard/Mercers take 2

    No not any mention of time scales

    Filing report to TS, OFT today

    Also firing off breachs of OFT to Barclaycard & a strongly worded 'bemused' letter to Mercers.


  14. #14
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Right well here we go :-

    scan 1 & 2 is the cca Barclaycard have sent, each time I complain/dispute they send the same again, this has been going on since Nov. '08, I have enough now to start floggin' 'em on ebayicon!





    Scan 2





    Mercers have now appeared on the scene and without any previous correspondence from them I have received the following default notice :-










    Beachy


  15. #15
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Bump


  16. #16
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    Default Re: Beachy v Barclaycard/Mercers take 2

    ..


  17. #17
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Have you sent one of the new complaint letters based on the CPR 31 (I think)? Bit more relevant than the old ones in your case.

    They probably don't have your CCA, the account is in disputeicon over charges and the ICO are investigating- How many disputes do they want?

    Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!
    Thames Credit -statute barred sent 13/11/08
    BCW- prove debt letter- 14/08/08
    Apex- CCA 14/08/08
    Redcats UK- SAR 14/04/09
    Call Serve- CCA 14/08/08
    Littlewoods- no CCA letter 03/09/08- Lowells now
    Wescot- CCA 19/9/08
    Capital One/Debitas- now with Lowells

    Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

  18. #18
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    Default Re: Beachy v Barclaycard/Mercers take 2

    That was lucky! I was just pulling away from Mumbury Services on the M4.

    I managed to fire off a snotty bemused letter to mercers this afternoon, I can remember seeing somewhere a letter to the OC about passing an account to a DCAicon while in dispute but can't remember where I saw it, fed up sending dispute letters so need something strong.

    Intend firing off a CPR letter tomorrow, didn't know there was a newer version - any pointers as to where I find it? I think this is my next step also.

    Giving ICO another call tomorrow as well as fosicon, TS and possibly my MP.

    What I would like to know is if Mercers DN complies, I have my doubts.

    Slick has confirmed in the past that they have not complied to my cca request as all they sent (each time) is T&C's.

    Have to move off now or I'll miss my drop off slot, I can receive updates while on the move but won't be able to reply until I park up again.

    Beachy


  19. #19
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    Default Re: Beachy v Barclaycard/Mercers take 2

    DOH ! !

    Out of the blue this morning the postman delivered - wait for it - my fifth copy of T &C's which Barclayshark claims to be my true copy of cca, strange thing is I didn't request it via the £1.00 route! It was request via the CPR route.

    Beachy


  20. #20
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    Default Re: Beachy v Barclaycard/Mercers take 2

    Quote Originally Posted by beachcomber60 View Post
    DOH ! !

    Out of the blue this morning the postman delivered - wait for it - my fifth copy of T &C's which Barclayshark claims to be my true copy of cca, strange thing is I didn't request it via the £1.00 route! It was request via the CPR route.

    Beachy
    Dont suppose they put in a covering letter did they... usually they say thank you for your request under s77/78 even though you specified CPR.

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