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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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.

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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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    hermanthegerman Novitiate

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    Default PPI and Barclaycard

    Hi,

    I'm going to be looking for advice regarding reclaiming PPIicon from barclaycard.

    I've had an offer from Barclaycard which is for all premiums plus 8% flat interesticon on top.However i have refused this and asked them for ppi+contractual+8% simple.I know they are going to say no,but i do not wish to go to the fosicon as i am going to be waiting for up to a couple of years.I am looking to go the court route, but not having done this before,i am a bit apprehensive.

    There are no problems with the account,for such things as late payment or arrears,but Barclaycard will not supply copy of the signed executed agreement,so i assume it does not exist.

    Repayment of the PPI,plus simple interest from the date of payment should be almost enough to clear the account balance,but i'd really like to take them for the contractual compounded interest that they have charged me. However it does not appear the FOS ask companies to settle compounded contractual interest complaints therefore court appears to be the only route.

    Thanks in advance for any comments,they'd be much appreciated.


  2. #2
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    Default Re: PPI and Barclaycard

    By law they have to supply you the original document if you request it.
    Did you start this claim by sending a SARicon letter?

    IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

    NATWEST PPI SUCCESS £490 25/08/09

    NATWEST PPI 2nd CLAIM WON £1135 02/10/09

    A & L PPI £395 WON

    CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

    BARCLAYCARD STILL PENDING

    LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

  3. #3
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    Default Re: PPI and Barclaycard

    Yes CCA and SARicon requests have been made,but have i only received copies of statements and three copies of terms and conditionsicon.I dont think i want to go down unenforcable route or stop paying,but the fact i they do not have any agreement should surely strengthen any court claim.


  4. #4
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    Default Re: PPI and Barclaycard

    Before you go into any sort of court claim you should try and pressure them more.
    Send them a letter of non compliance first
    you'll find templates in the link below, courtesy of Alanalana

    http://www.consumerforums.com/resour...mplate-letters-

    IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

    NATWEST PPI SUCCESS £490 25/08/09

    NATWEST PPI 2nd CLAIM WON £1135 02/10/09

    A & L PPI £395 WON

    CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

    BARCLAYCARD STILL PENDING

    LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

  5. #5
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    Default Re: PPI and Barclaycard

    none compliance letter sent last week,just waiting for reply.

    Thanks for your advice


  6. #6
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    Default Re: PPI and Barclaycard

    just subscribing as interested in how you get on.

    I've just sent my SARicon and only received 6 yearsicon statements. Just about to write and ask for rest so will be able to reclaim my PPIicon.


  7. #7
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    Default Re: PPI and Barclaycard

    Hi Jan4a,

    Just for info for you,Barclaysicon offer of refund of PPIicon premiums included those outside the usual six year time frame.

    Herman


  8. #8
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    Default Re: PPI and Barclaycard

    Thanks - I've seen other posts saying that but I don't understand how you claimed in the first place if you didn't know how much to ask for. I think the letter on here includes the figures you are claiming so you must have sent a different one?

    But from what I've seen on other threads people are having to go to Information Commissioner to get them to supply older statements off microfiche, so it will take forever to just get the statements.


  9. #9
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    Default Re: PPI and Barclaycard

    Sent letter to barclaycard re mis-selling of PPIicon months beforee i sent off for SARicon.I asked for for refund of premiums etc and gave various reasons for mis-selling.

    When barclaycard made their offer they averaged out premiums post 2003 to compensate for premiums made prior to 2003 even though they say they do not have the corresponding statements.

    This seems to be their policy on my reading of some other thredas.

    Hope this is of help.


  10. #10
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    Default Re: PPI and Barclaycard

    Yes thanks, it probably will. I'm having a "finance weekend" this coming weekend to sort it out. I think I'll work the figure out on the statements I have got though (I mean including the interesticon they charged me) just out of curiousity and to see how much extra it is.

    I've got a PPIicon claim started with a Northern Rockicon loan and was amazed that the interest charged made such a difference, it doubled the claim with the 8% as well, and that was only at a rate of 7.2%. Barclaycard interest rate will no doubt have been a lot higher.


  11. #11
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    Default Re: PPI and Barclaycard

    Quote Originally Posted by hermanthegerman View Post
    Hi,

    I'm going to be looking for advice regarding reclaiming PPIicon from barclaycard.

    I've had an offer from Barclaycard which is for all premiums plus 8% flat interesticon on top.However i have refused this and asked them for ppi+contractual+8% simple.I know they are going to say no,but i do not wish to go to the fosicon as i am going to be waiting for up to a couple of years.I am looking to go the court route, but not having done this before,i am a bit apprehensive.

    There are no problems with the account,for such things as late payment or arrears,but Barclaycard will not supply copy of the signed executed agreement,so i assume it does not exist.

    Repayment of the PPI,plus simple interest from the date of payment should be almost enough to clear the account balance,but i'd really like to take them for the contractual compounded interest that they have charged me. However it does not appear the FOS ask companies to settle compounded contractual interest complaints therefore court appears to be the only route.

    Thanks in advance for any comments,they'd be much appreciated.
    Unlikely to be a couple of years it could be much shorter, My claim was 4 months and the FOS are improving on the timescales for settlement as the complaints keep mounting.

    You should work out your claim using a spreadsheet and resubmit to Barclaysicon insisting on the contractual interest from loan start to loan closure and 8% statutory from loan start to settlement of your claim. If they refuse your claim then send the spreadsheets to the Ombudsman as it is a 90% chance you claim would be upheld.

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  12. #12
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    Default Re: PPI and Barclaycard

    Hi alanalana,

    Thank you for your comments regarding my thread.

    It seems dealing with the fosicon can sometimes be frustrating with seemingly similar cases having varying timescales before a resolution is reached.

    I shall wait for Barclaycard to respond to my request for premiums + contractual + simple before proceeding one way or another.

    Thanks again for your constructive advice


  13. #13
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    Default Re: PPI and Barclaycard

    You are welcome and good luck

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  14. #14
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    Default Re: PPI and Barclaycard

    Letter today from Barclaycard in which they have added simple interesticon at 8% on each payment made,to their previous offer,instead of 8% flat interest.This makes a helluva difference but still no contractual,by the looks of things.

    Looks like tonight is going to an evening doing calculations.


  15. #15
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    Default Re: PPI and Barclaycard

    This is how the fosicon would settle the matter if it helps (for an example)

    1 Where the card account and the PPIicon are still in force
    a/ reconstruct the account by removing any premiums in respect of the PPI and any interesticon or charges in respect of those premiums.
    b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year: and
    c/ send the customer a statement showing the resulkting blance on the account and details of how calculated

    2 Where the card account is still open but PPI has been canceled
    a/ reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
    b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year;and
    c/ send the customer a statement showing the resulting balance on the account with details on how calculated

    3 Where the card account has been cleared and closed and PPI has been cancelled
    a/ reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
    b/ if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year;and
    c/ pay the customer the difference between the revised closing balance and the original closing balance;
    d/ pay the customer interest on that difference at 8% simple per year from the date of closure to the date of payment; and
    e/ send the customer a statement showing the resulting balance on the account with details on how calculated


  16. #16
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    Default Re: PPI and Barclaycard

    Thanks for that.

    The problem seems to be that i have yet to see cases where the fosicon award the compounded contractual rate we have been charged at.

    The FOS seem to just award as per those guidelines, which seems to assume that interesticon was only charged for the particular month the payment was made.

    Or am i wrong?


  17. #17
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    Default Re: PPI and Barclaycard

    I shall let you know, the fosicon have just upheld my complaint, now iam just waiting for the offer.


  18. #18
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    Default Re: PPI and Barclaycard

    Hi everyone,

    If Barclaycard agree to my request for PPIicon premiums and compound interesticon paid on those premiums,how does the 8% simple interest portion work.Is it

    a.based on the premium,or

    b.based on the premium and compounded interest up to date.

    If it is a,then the date the simple interest kicks in is obviously from the date the ppi premium was paid.If it is b,what date do we use for calculation?


  19. #19
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    Default Re: PPI and Barclaycard

    bump


  20. #20
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    Default Re: PPI and Barclaycard

    Right you need to work out each PPIicon payment separately like thus:

    PPI payment + compounded interesticon + 8% stat interest

    As this is a credit card and the interest rolls on month on month you calculate compounded from the date of payment to date of settlement but as you will not know this date I would settle for the date of posting claim

    Same goes for the 8% stat but put something like interest calculated to posting date but is subject to change depending on settlement date in your letter.

    Hope this helps if you need the calculators just shout and ill post them up for you.

    Regards

    PF



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