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.
The more threads that I read the more confused I become!:-?
So several questions in one post
I am not in default with any of the cards but am only able to pay the minimum sum requested every month-interest rate now in the high 20's!]
I would like to reclaim charges against my credit cards [I need the statements] so which is the recommended procedure or the one that is the most successful?
I would like a copy [fat chance I know] of my CCA so is it the £1 postal order route or a Subject access request or is it now recommended to go straight to the CPR or is it an advantage to ask for the CCA & SAR at the same time albeit sent as separate requests?
As I have both Visa & Mastercards with Barclaycard, would a separate request -and duplicate fees?- be required for each one?
Dependant on the answers to the above,would they apply to any or all credit cards from other issuers?
PPI is not an issue as I have successfully claimed on several occasions and it has proved to be very useful.
Thanks for reading and thanks in advance for any advice
What are you looking to do with the credit card? Are you looking to reclaim charges and therefore reducing the balance of the card? Or are you looking at whether the credit card is enforceable?
Both--reclaiming the charges would appear to be relatively easy from the posts that I've read and if there was a possibility of testing/disputing the enforcability of the agreement[s] I would like to persue that avenue.
[If they didn't keep increasing the interest rate and banging on late charges then I wouldn't be considering this action!]
I've had the cards since the 1990's [possibly longer,I don't remember!] so I presume that if BC have problems locating agreements taken out only a few years ago finding mine might be a difficult task for them.
If I requested a SAR from Barclays PLC could I require them to supply me with everything that the PLC hold on me fot the one £10 fee ---viz. all information to do with my credit cards as well as all the information relating to my business bank account which was terminated by them in 2006?
[loads of charges there that I might still be able to reclaim?]
As you're not in default as yet, send the SAR. you won't need to CCA as well as the creditor will have to send everything they have.
This will get you back statements, agreement, screenshots in fact your life in print.
Usually the golden rule is not to sign anything but creditors are starting to demand signatures so my advise would be to sign but put a couple of lines through it as well
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Thanks silverfox-I'll do that but to which address should I send the SAR please?
Do I have to specify how far back a time frame for this information or will they just send me the last 6 years worth?
Should I be specific with want I want to receive or are they ''legally obliged'' to send me everything including copies of internal memos and emails,dates,times and notes of telephone calls as well as the more obvious like the statements etc.
Do they have to include copies of cheques and all or any recorded telephone conversations--or can they pick and choose what to send?
Should give me a zillion pages to peruse this summer!
In your SAR put both account numbers, they have to supply all the info for one fee (£10)
Be as specific as you want. I don't think they'll be able to send copies of cheques you have written but you should state what you want- manual intervention on the account, phone recordings in fact everything they have. They have a duty to go back as far as possible even if that is more than 6 years although you can only reclaim charges going back 6 years.
Check their website out for a suitable address
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Thanks silverfox and thanks for the link-will invest £10 tomorrow.
As going back 6 years is the claimable time frame I'll probably just ask for that--if I had all my [bank] statements going back to year dot I think I'd only upset myself if I totalled up all of their charges
OR
I could be bloody minded and insist on everything-every little scrap of info over 20 odd years [and more] and give them the option of wiping my slate clean instead of having to spend a great many man/woman hours collating such a pile!---[I'm sure that I could find many omissions in whatever they send me if I tried to!]
On a lighter note if/when the majority of the bank's customers ask for a SAR they would logistically be unable to comply--could that bring about a reform to the legislation regarding Subject Access before the banking system as we know it caved in?
Thanks silverfox and thanks for the link-will invest £10 tomorrow.
As going back 6 years is the claimable time frame I'll probably just ask for that--if I had all my [bank] statements going back to year dot I think I'd only upset myself if I totalled up all of their charges
OR
I could be bloody minded and insist on everything-every little scrap of info over 20 odd years [and more] and give them the option of wiping my slate clean instead of having to spend a great many man/woman hours collating such a pile!---[I'm sure that I could find many omissions in whatever they send me if I tried to!]
There is no chance of them having the info that far back
On a lighter note if/when the majority of the bank's customers ask for a SAR they would logistically be unable to comply--could that bring about a reform to the legislation regarding Subject Access before the banking system as we know it caved in?
Just having a look out of my window and I can't see any flying pigs yet
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Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
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.
Which is the best approach?
]
] of my CCA so is it the £1 postal order route or a Subject access request
or is it now recommended to go straight to the CPR or is it an advantage to ask for the CCA & SAR
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Originally Posted by middenmess
