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.

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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 me v bc-cpr reply

    Hi, back in feb i sent cca request for my bc, and inr eturn received an unreadable copy of conditions only, nothing else at all.
    I couldnt be bothered to argue with them, so i sent a cpr request a couple of weeks ago, and received this in reply.
    So many responses i could type to this, not sure which way to go though.





    hmm not to clever at this lark, 2 secs


  2. #2
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    Default Re: me v bc-cpr reply




  3. #3
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    Default Re: me v bc-cpr reply



    any suggestions, cpr letter two, or something a bit more acidic?
    they claim to have sent me the agreement, but i have nothing but a piece of paper tilted conditions.


  4. #4
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    Default Re: me v bc-cpr reply

    Hi Izzit,

    This is now their standard response to CCA and CPR requests. Continue with the CPR strategy.

    Also consider a complaint to the fosicon about their failure to supply the credit agreement in response to your 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.

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  5. #5
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    Default Re: me v bc-cpr reply

    ok thanks slick, so cpr letter 2 this week then, im pretty reluctant to use the fosicon tbh, i dont like their 'moral' standards!
    One reason is cos most letters the reccomend them, and i dont like that kind of recommendation, i dont trust it.


  6. #6
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    Default Re: me v bc-cpr reply

    ok well i banged up a letter that basically pointed out their failings under the cca, and then also reminded them it was not a cca request, but a cpr request and got that sent off.


  7. #7
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    Default Re: me v bc-cpr reply

    well they didnt like that one at all!
    had a phone callicon telling me i have to pay and that they will send a doorstep collectoricon round, and collections will continue, and that they never have to have a copy of my agreement with my sig on :O

    cpr2 will go next monday as it will have been 14 days from my last letter, which was just a reminder that they hadnt complied, and it was cpr request, not cca.


  8. #8
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    Default Re: me v bc-cpr reply

    Hi Izzit,

    Remember, the people calling you probably have no knowledge of, or interesticon in, your CPR request or anything else to do with your case. They are just after a payment.

    Read about threats of a DCA visit items 3 and 4 in the debt collectorsicon section of the Consumer Forum Libraries - The Consumer Forums - Library

    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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  9. #9
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    Default Re: me v bc-cpr reply

    yeh ive been looking through in anticipation, incidentally, so people are aware, 5 mins before they called i had a call from an unknown dmpicon company, whose name i dont recall now, and i told them i had no problems with any debt, and hung up.
    Will be firing off the go away from my door letter tommorow morning.
    The guy on the phone insisted they had sent their requirements under my cca reqeust (a copy of conditions only) and that they would be continuing collection activity.
    So i think a complaint to ts is in order which i will get sorted out this week to.
    He did spend time looking through the details, as he had put me on hold for a good 5 mins. Didnt record the call but made it clear they wouldnt get anything till i saw the signed agreement, which he claimed they have no obligation to show me. He then said goodbye.


  10. #10
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    Default Re: me v bc-cpr reply

    Hi Izzit,

    If you mention, at the start of any call, that it's being recorded because your case is in dispute, you may find they have a different attitude.

    Otherwise, hang up and avoid the calls altogether.

    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: me v bc-cpr reply

    yeh will be doing that form now on, thanks


  12. #12
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    Default Re: me v bc-cpr reply

    subbingicon

    gl


  13. #13
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    Default Re: me v bc-cpr reply

    ooh a lovelt, completely invalid DN from mercers on this today.
    I assume a Dn is automatically invalid if the account is in disputeicon with the oc?
    Usual letters fired off today


  14. #14
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    Default Re: me v bc-cpr reply

    Hi Izzit,

    Playing Devil's Advocate here but you can't assume the DN is invalid.

    You say the a/c is In Default - BC say it is not. It's certainly not clear that they are in the wrong as their argument for sending out T&C's does have some merit.

    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.

  15. #15
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    Default Re: me v bc-cpr reply

    thats the thing, i didnt get t&c, i got a barely legible copy of conditions only, a single page, most of the top half is unreadable.


  16. #16
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    Default Re: me v bc-cpr reply

    so would it be best to start cpr strategy again, but to mercers this time then since they seem to have handed it over?


  17. #17
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    Default Re: me v bc-cpr reply

    No need to start again.

    If you've had no reply to Letters 1 and 2, you should read further on the CPR thread and get on with the court Application using form N244icon.

    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: me v bc-cpr reply

    ahh ok thanks.


  19. #19
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    Default Re: me v bc-cpr reply

    ok have an update now, and a final response from bc.
    Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.
    Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.

    This is a final response to so my complaint will be flying off to the fosicon today, as they seem to agree that im entitled to see the signed document.


  20. #20
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    Default Re: me v bc-cpr reply

    Quote Originally Posted by izzitme101 View Post
    ok have an update now, and a final response from bc.
    Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.
    Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.

    This is a final response to so my complaint will be flying off to the fosicon today, as they seem to agree that im entitled to see the signed document.
    They are correct in so much as s77 is for loans s78 is for credit cards, I'm guessing your request had both mentioned.

    Oh and as far as the default notice goes... does Barclaycard's name and address appear on it at all? ;-) After all they are the creditor arent they and regulations state the creditors name and address MUST be on a default notice.

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