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 lee32uk v Barclaycard

    Hi all
    I sent Barclaycard a CCA request under s77/78 back in January 09 and as yet i have not had a reply.
    I sent them the following message through my online banking message system:

    Dear Sir/madam,
    I sent a CCA request on January 30th 2009, which was received at your Northampton address on 2nd February 2009.I am yet to receive a reply. Please note that until i do, the account will remain in dispute. Please refrain from telephoning me regarding payment, as non will be forthcoming until such time as i receive an adequate reply.


    I received back the following message which is quite puzzling


    Dear Sir/Madam

    Thank you for your e-mail.
    Barclaycard aims to treat all our customers equally regarding claims under
    section 75 of the Consumer Credit Act, irrespective of whether they are the main cardholder or an authorised user on the account.

    This is not a legal obligation within the Consumer Credit Act. However,
    Barclaycard adopts a voluntary policy whereby all cardholders are protected under Section 75 whether they use their Barclaycard at home or abroad.

    We deal with every claim on a case-by-case basis but as a rule, will cover the amount spent on the card only, as opposed to the full purchase amount. The limits for cover are the same for foreign purchases as well as purchases in the UK - a minimum claim amount of £100 and a maximum of £30,000

    In order for us to effectively be able to resolve your query, please
    call Barclaycard Customer Services on 0844 811 9111, or from
    abroad on ++ 44 1604 230230 to clarify the relevant details.
    When calling the Customer Services number, press 6 and you will
    be transferred to a Customer Account Manager.

    For your convenience, a Customer Account Manager will be available
    to assist you 24 hours a day, seven days a week.

    I trust the matter will soon be resolved.



    Anyone any idea what the heck they are on about???? It mentions section 75 and a claim I havent made any claim, i just want a true copy of my CCA for which i have paid £1


    Maybe i should just send them another message


    thanks
    Lee


  2. #2
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    Default Re: lee32uk v Barclaycard

    I would email them again - obviously having a senile moment


  3. #3
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    Default Re: lee32uk v Barclaycard

    Hi Lee,

    I wouldn't waste your time with another email. They will not supply you with a copy of your credit agreement in response to your CCA request, or any emails.

    Try the CPR route - see Link No2 in my signatureicon below. Also, keep an eye on this thread to see how it pans out - http://www.consumeractiongroup.co.uk...-goldfish.html

    If you read other BC threads here, you'll see that 95% of threads are about users trying to get their agreements from BC.



    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.

  4. #4
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    Default Re: lee32uk v Barclaycard

    Thanks for the replies

    I thought i would send them another email, and they now seem to have grasped what i am refering too
    Apparently they are going to send my agreement within the next 7-10 days, so we shall wait and see.
    From reading some of the other posts on here, no doubt i will receive a cca for someone living in Lancashire

    cheers

    Lee


  5. #5
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    Default Re: lee32uk v Barclaycard

    Quote Originally Posted by lee32uk View Post
    Thanks for the replies

    I thought i would send them another email, and they now seem to have grasped what i am refering too
    Apparently they are going to send my agreement within the next 7-10 days, so we shall wait and see.
    From reading some of the other posts on here, no doubt i will receive a cca for someone living in Lancashire

    cheers

    Lee

    No you won't but you will receive Terms & Conditions like I did + another two copies after complaining.


  6. #6
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    Default Re: lee32uk v Barclaycard

    Quote Originally Posted by beachcomber60 View Post
    No you won't but you will receive Terms & Conditions like I did + another two copies after complaining.

    Spot on

    Received two seperate letters from Barclayshark.One had the terms and conditionsicon and the other was just a covering letter stating my credit limit etc.Looks like i will have to go down the cpr31.16 route.


  7. #7
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    Default Re: lee32uk v Barclaycard

    These swines sure know how to harass you.Had 3 calls in the space of 9mins today (SAT) and they woke me up at 8.45am.
    How would i go on about going to court for harassment ? or is it not a good idea
    I plan on sending them the harassment by telephone letter first thing Tuesday.

    thanks
    Lee


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    Default Re: lee32uk v Barclaycard

    Keep a log of the time and date of all calls from them.

    They tend to get bored when they see you're not going to react to their harassment. Send the phone Harassment letter and see if that has any effect.

    If you find it's the DCAicon after you've answered, just hang up.

    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: lee32uk v Barclaycard

    Received a Default Notice (Saturday) from Mercers I know that they are Barclaycards in house collection department, but should the default notice have come from Barclaycard ? or does it not matter ?
    In any case the notice looks valid so I will just have to wait on their next move.Looks like I am now going to get harassed by Mercers....oh what joy
    Will I need to send another telephone harassment letter to Mercers or am I wasting my time ?


    thanks


  10. #10
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    Default Re: lee32uk v Barclaycard

    Check the validity of the DN with this guide - http://www.consumeractiongroup.co.uk...ml#post1940698

    Phone harassment letter to Mercers may have some effect.

    Follow the CPR strategy as per my post #3 above.



    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: lee32uk v Barclaycard

    Thanks for the link Slick.

    I will post a copy of the Notice up too so that others can comment.I think they may have only given me 13 days.

    Regarding going down the CPR route to get the CCA, would this work instead?

    1) I send Barclaycard a SARicon asking for all the usual stuff, and also request a true copy of the credit agreement.
    2) They send everything apart from the CCA
    3) I write back telling them that they have not fully complied with my SARicon as the CCA is missing.I give them a further 7 days to comply.
    4) If they still don't comply I apply to the Court to make them.

    Would the above work the same ?

    I have been reading through the CPR thread and it is a bit confusing for someone like me


    cheers
    Lee


  12. #12
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    Default Re: lee32uk v Barclaycard

    Here is the Default Notice Mercer's sent me.Reading the link given by Slick above I presume that if the letter is dated Thurs 14th May then it would deem to have been served 2 working days later, so Monday 18th May.Fourteen clear days from then is 1st June, but they have given me until 31st May.Am I correct in my calculations?

    thanks





  13. #13
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    Default Re: lee32uk v Barclaycard

    Hi Lee,

    Have you suffered any penalty charges on this a/c - if so and they are included in the Default Notice balance, the DN is inaccurate and invalid.

    Also, you can set about reclaiming all such charges in full.

    If you send a SARicon and they fail to supply the credit agreement in response, you can complain to the Information Commissioners Office about their failure to comply with the SARicon.

    You could alternatively seek a court order for the document's production under the DPAct.

    The CPR thread may be long and confusing but the strategy is simple:-

    Letter 1 gives 21 days to reply
    Letter 2 gives a further 21 days
    After which you can make an N244icon Application to the court.

    Have you read this thread - http://www.consumeractiongroup.co.uk...t-success.html

    Smt37's thread sets out a good example.

    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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