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.
I received my Barclays card tc and i am preparing to write them another letter but i am confused on how to go ahead. I used the s78 and i have read on the site that s78 might not produce the desire results. should i continue and write them a dispute letter following the s78 i have written and write another letter using the format of pt2357.
2. I have recently got some charges back on my wife's credit card, i am wondering if i can request for her agreement too with a view of challenging it or accepting the charges can damage my chance of winning.?
3. i had a Vanquis card which i have recently paid off and cancel. can i still challenge this by requesting for the agreement too?
1. Start with the CCA request anyway but, when BC fail to send your agreement, use the CPR strategy. You should, however, only do this if you intend to pursue the matter to court.
2. Reclaiming Charges does not affect the enforceability of the a/c.
3. If the a/c is paid off, there is no point in challenging the a/c's enforceability. However, if there were any penalty charges, you can reclaim these in full.
Start a thread for each separate case so they don't get confused and use this thread just for the BC case.
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.
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.
Having started the request using the s78 consumer credit Act 1974, do i continue the request sending them the 2nd CPR strategy letter or start all over again with a new CCA request using the CPR strategy. I am wondering if this might confuse them mixing the two strategies.
I assume this a/c is still active with a balance owing to BC.
As they've now replied to your CCA request and not supplied the agreement, you can send an "A/c In Dispute" letter. Adapt and use this - http://www.consumeractiongroup.co.uk...ml#post1821561 There are other good letters to use on that thread.
You could now stop paying, if you haven't done already. But BC will say they've fulfilled their obligations, the a/c is not in dispute and they're entitled to harass you for payment.
It's up to you if you now want to seek the agreement using the CPR 31.16 strategy. Only start this if you're prepared to follow through with court action.
Alternatively, let BC and their DCA arms do the litigating and then defend if nec'y.
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.
Thank you slick132,
I have sent them a dispute letter and the above reply is what i got from them. Do i send another one or wait for thier action or go to CPR straight, i am determine to go all the way to the court but i want to make sure i am doing the right thing so as not to look stupid infront of a judge and i will like to be seen that i have given them enough opportunity to answer to my request. Thanks for your help.
cheers
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.
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.
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.
I got this reply from Barclays and my first letter from Mercers.
" I write further to your recent letter alleging that we have failed to comply with our obiligation in relation to your request for documents pursuant to section 78 of the consumer credit act.
Please note that we have already set out, in details, why we are satisfied that the documents already provided to you have discharged our obligation under the act. We are under no legal obligation to provide any further documentation to you in this regard.
We note your refrence to the Civil Procedure rules(the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and then usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1(2)).
Your's
Barclays.
Do i fill the N1 at this stage or send them another letter?
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.
I need advise on which letter to send to bloody, annoying, edit Mercers. I thought they wont get to me with thier calls but i am irritated now. they call me 10times a day. called early this morning just as i was sleeping after a 14hrs shift. I need a letter to send to them before i am done for GBH on the phone.
If not and you want to try another route, try a complaint to the fos. It may be slower but is less costly and carries no risk, apart from maybe not working.
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.
Calling you like that is against CPUTR2008 in line with the OFT's guidelines on debt collection -
f. contacting debtors at unreasonable times
g. ignoring or disregarding debtors' legitimate wishes in respect
of when and where to contact them, for example, shift workers who
ask not to be telephoned during certain times of the day
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
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And calling you 10 times a day is pure harrassment - send this letter recorded, make sure you write down the exact times and dates they call you also.
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR2008 in line with the OFT's guidelines on debt collection, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, fos, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Yours faithfully,
[NAME HERE]
.
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Mercers take no notice of harasment letter or at leasst thats what ive found so far they are now ringing me from 2 different numbers up to 3 times a day on each number
Barclaycard V jando
card tc and i am preparing to write them another letter but i am confused on how to go ahead. I used the s78 and i have read on the site that s78 might not produce the desire results. should i continue and write them a dispute letter following the s78 i have written and write another letter using the format of pt2357.
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