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

reg. office:
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London
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  1. #1
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    Default IceBlue v Barclaycard Visa

    Hi all.

    Sent BC a CCA request and just received a letter stating my current limit, balance and payment due.

    Have also sent what looks like a photocopy of Terms & Conditions for 'January to December 2000 Classic/Gold/Platinum/Student Card'.

    Nothing has my name, or date, or signatureicon. In fact its probably what dozens on here have received before.

    So my next step to send them an Account in Default Letter?


  2. #2
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    Default Re: IceBlue v Barclaycard Visa

    Hi IceBlue,

    Yes, send them a letter confirming they haven't replied properly and the a/c is now in dispute.

    You'll find useful letters here - http://www.consumeractiongroup.co.uk...RD-no-cca.html

    Read up on the CPR strategy in link No2 in my signatureicon below.



    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.

  3. #3
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    Default Re: IceBlue v Barclaycard Visa

    Thanks for link Slick.

    Sending letters tomorrow. Will post any updates.


  4. #4
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    Default Re: IceBlue v Barclaycard Visa

    typical responce from Barclaysicon , they never do feel they have to comply fully to a cca request.

    just read a few threads here

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  5. #5
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    Default Re: IceBlue v Barclaycard Visa

    Barclaycard are by far and away the most difficult to deal with,if you read other threads you will find the CCA response will end up with" unless you can put forward a good legal case do not bother us again with CCA matters we have complied with the act" Try SARicon,you will get statements but you will have to fight for the signed agreement and copies of any Default Notices.Im having the same problem with BC WISH YOU THE BEST OF LUCK,......FIRSTSHIP


  6. #6
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    Default Re: IceBlue v Barclaycard Visa

    Just curious.

    If you send Barclaycard a CCA request and they do no reply with one. You then send Account in Dispute Letter and stop paying.

    Trying to figure out why we would continue to try and get a copy of our agreement. Surely seeing as we have stopped paying and account is in disputeicon, it is up to Barclaycard to produce one.

    Or am I missing something?


  7. #7
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    Default Re: IceBlue v Barclaycard Visa

    The trouble is that BC :-

    1. Will not send you the credit agreement.

    2. Do not agree that the a/c is in dispute, so they....

    3. Will continue to press for pay't, issue Defaults and pass the a/c to Mercers, Calders, RMA or any other DCAicon's they fancy.

    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.

  8. #8
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    Default Re: IceBlue v Barclaycard Visa

    I'm having the same problem. 2 letters now using CPR angle and still they come back with '...under CCA1974 we have fulfilled request...a/c not in dispute...' etc....content of letters are just ignored/not read properly.
    Guess it's court action next.


  9. #9
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    Default Re: IceBlue v Barclaycard Visa

    Am wondering if anyone has tried just ignoring BC, after using the CCA & CPR approach and getting nowhere.

    Surely if they want payments to resume its up to them to confirm they have a signed agreement.

    Can we not just sit tight and ignore their letters and consequent DCAicon letters as BC ignored ours?


  10. #10
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    Default Re: IceBlue v Barclaycard Visa

    Sure, that's an option but you run the risk of a DN or a court claim against you resulting in a CCJ.

    However, to get that, they need to produce your credit agreement !!

    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: IceBlue v Barclaycard Visa

    slick, you say "However, to get that, they need to produce your credit agreement !! ", so basically if they dont have the origional signed agreement, then they can not take you to court, is that right?

    sorry this is my first post, been a lurker for quite a while now, but extreamly interested in this


  12. #12
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    Default Re: IceBlue v Barclaycard Visa

    cannot should that not read.......
    or would be rather stupid to.

    it doesn't make the debt go away just because there is no enforceable cca, it means they cannot enforce it until one appears.

    it does allow you to offer a very small F&F to p'haps closed the matter.

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  13. #13
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    Default Re: IceBlue v Barclaycard Visa

    have now added "not" to the above question, thanks for pointing that out


  14. #14
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    Default Re: IceBlue v Barclaycard Visa

    Hi Winston and welcome to CAGicon.

    Many banks or their "legal reps" have taken cases to court but drop the proceedings if you defend properly and they don't have an agreement.

    Feel free to start your own thread to discuss this further.

    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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