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)


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  1. #1
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    Default Barclaycard and CPR 31.16

    Having challenged 5 card agreements I received a letter from barclaycard as they are reducing my credit limit due to info from the CRA's. I have not yet challenged barclaycard and have been paying off my debt with them but if this is how they want to play it perhaps I should challenge them as well. I have read extensively on here and can see that the CCA route is pretty futile and have seen that the CPR route is probably the one to take with them having seen 'smt's' win.

    Should I try to negotiate with them or challenge them? I think I know what the response will be on here but interested to here what people think. The balance is my smallest at less than 4K. I did not have a problem with them before this and I am on a 'lifetime of the balance' low interesticon rate.


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    Default Re: Barclaycard and CPR 31.16

    Hi Exchange,

    Yep, CCA is a waste of time so if you want sight of your agreement, CPR is the way to go.

    As you are still servicing the a/c properly, they'll have no interesticon or need to consider a F&F settlement (which is what I assume you're considering).

    Even if the a/c was delinquent, BC don't often negotiate in this way. They seem to prefer to sell the debt for a pittance and leave the DCAicon's to hound you.

    I assume that, if you stopped paying because they fail to produce your agreement in response to a CCA or CPR request, the low interest rate you currently enjoy will be rapidly replaced with a far higher monthly rate.

    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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  3. #3
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    Default Re: Barclaycard and CPR 31.16

    Thanks for the reply slick. I think I am going to continue to pay off this one for now as the 5 disputed accounts are enough to deal with at the moment. I have gone the CPR route now on the other 5 after CCA'ing them first and getting the usual barrage of letters but not many phone callsicon so far. I have separate threads for these.


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    Default Re: Barclaycard and CPR 31.16

    Noted.

    Keep us informed if you decide to take on BC as well as the others.



    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: Barclaycard and CPR 31.16

    Quote Originally Posted by slick132 View Post

    Yep, CCA is a waste of time so if you want sight of your agreement, CPR is the way to go.
    I dont mean to gatecrash your thread but can you tell me if it is possible to send a CPR request at the first instance when a DCAicon has contacted you regarding a debt, even before there has been any mention of court proceedings???


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    Default Re: Barclaycard and CPR 31.16

    Hi Redletter,

    The first response would normally be a CCA Request using Letter N from here - http://www.consumeractiongroup.co.uk...templates.html

    If they fail to produce the credit agreement, then you could move on to the CPR strategy.

    However, if it's with BC, a CCA Request is a waste of time and I'd suggest you forget CCA and go straight for the CPR route.

    If you have your own thread, send me a link and I'll take a look. If you don't have a thread, start one in the right forum.

    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 and CPR 31.16


  8. #8
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    Default Re: Barclaycard and CPR 31.16

    Redletter,

    I've answered on your Cabot thread to avoid further hijacking of this one.

    Sorry Exchange



    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 and CPR 31.16

    Thanks slick and yes apologies exchange I will vacate your thread now!



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    Default Re: Barclaycard and CPR 31.16

    Having got to 'account terminated' with at least one of my 5 'in dispute' accounts and feeling more confident about taking on barclaycard, is there anything I should know where a debt is less than £5K? Is this treated any differently or is it just the court process can be different?


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    Default Re: Barclaycard and CPR 31.16

    Quote Originally Posted by exchange View Post
    Having got to 'account terminated' with at least one of my 5 'in dispute' accounts and feeling more confident about taking on barclaycard, is there anything I should know where a debt is less than £5K? Is this treated any differently or is it just the court process can be different?
    Hi excange.

    Less than 5k is considered 'small claims' and if a CCJ was awarded it wouldn't attract 'contractural interesticon' but as a credit card debt is regulated anyway that's really not an issue.

    I think small claims is also less likely to be as expensive 'costs wise' as 'fastrack'

    Spam.


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    Default Re: Barclaycard and CPR 31.16

    Thanks Spam.



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