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:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Rycord -v- Barclaycard

    Hi All,

    Just watched Dispatches. Why didn't anyone say "just ignore the calls" ? There was also no mention of valid agreements etc? Maybe thats for another show.

    Anyway, I'm in the same boat here, having had no agreement from them and now receiving calls from Mercers, which have so far been successfully avoided. I have read that BC will not produce agreement even if you SARicon them so is there any point in doing that? I'm in Scotland so can't use CPR.

    Also read something about Mercers being listed as a Dormant, Non Trading company. Could this be mentioned in a letter to them or will the standard "bemused" letter do the trick?

    Thanks
    R


  2. #2
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    Default Re: Rycord -v- Barclaycard

    Hi Rycord,

    I've moved your post into your own BC thread to avoid hijacking.

    I don't think the Dormant Co angle is a useful one to work with personally.

    Ignoring the CCard Co's, when the refuse to produce credit agreements, is a good tactic but may end up with a Default Notice and a court claim against you.

    But at least then they would HAVE to produce the agreement. And ofter they do not.

    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: Rycord -v- Barclaycard

    Thanks Slick,

    So in the meantime is a SARicon to Barclaycard and a "bemused" to Mercers appropriate or do I just leave the ball in their court?

    There is usually 1 or 2 attempted calls per day from Mercers.

    R


  4. #4
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    Default Re: Rycord -v- Barclaycard

    I assume you have already sent BC a CCA request, and received the usual rubbish in response.

    A SARicon may be useful if there are any penalty charges on the a/c, which you can reclaim in full.

    Send the "bemused" ltr to Mercers and remind them that all calls are now being recorded and logged with time and date for possible further action against them for pursuing while the a/c is In Dispute.

    You could also incorporate the content of the phone harassment ltr but adapt ot so it all makes sense.

    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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    Cool Re: Rycord -v- Barclaycard

    Yes, you are right. I have received the same rubbish as everyone else in response to my CCA request.

    Will send SARicon and "bemused" and post back with any updates.

    Should I make sure SARicon specifies that I want a copy of agreement?

    Thanks
    R


  6. #6
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    Default Re: Rycord -v- Barclaycard

    You can specifically mention the Agreement.

    The SARicon should include this anyway, as you're entitled to sight of all documents and info they have for you.

    They won't send it though.

    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: Rycord -v- Barclaycard

    Hi All,

    Slick, you were right, they did not send the agreement in response to my SARicon. They have just sent a bunch of copy statements.

    Any advice on my next move is much appreciated.

    Thanks
    R


  8. #8
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    Default Re: Rycord -v- Barclaycard

    Write back and tell them you're concerned that they've failed to include a copy of the credit agreement, to which you are entitled.

    Give them 14 days to supply it. (They still won't but then you can complain to ICO or take court action for non-compliance under DP Act)



    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: Rycord -v- Barclaycard

    Hiya,

    Before I reply to them, I've just noticed that the letter with the statements says "The information we have enclosed relating to this account is all that we hold".

    Should I ask them to confirm that they do not hold the agreement?

    Thanks
    R


  10. #10
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    Default Re: Rycord -v- Barclaycard

    Sure, you could say :-

    I refer to your reply dated xxdate in response to my SARicon of xxdate.

    I note that you have not included a copy of the executed Credit Agreement which is an important document and one which you are obliged to supply along with all other data held about me.

    Please send the agreement to me within 14 days, or confirm that you do not have this document.

    If you fail to respond within 14 days, I will refer the matter to the ICO and may also take court action regarding your refusal to comply with the responsibilities placed upon you by the Data Protection Act.

    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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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE