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.

£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)


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  1. #1
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    Default Traveller vs Barclaycard

    I've read quite a few of the threads, so much so that what passes for my brain has turned to mush under the barrage of details.

    I've a debt with BC on a Platinum card which was cancelled about three years ago. It's been out to Mercers (who I thought were a separate company) then Calders (ditto). All serious stuff and quite scary, even to this 6-foot, too-many-pounds bloke.

    I was doing the decent thing and paying it off slowly. Until I lost my job last autumn. I couldn't pay for 6 months, which is when Mercers/Calders appeared on the monthly statements. No contact at all from them though, no calls, no letters.

    When it 'escalated' from Mercers to Calders I'd just got a job and thought it was time to start doing the decent thing again. So I rang Calders and set up an arrangement to pay them somethng each month.

    So far, no big deal.

    Then I got a letter a few days later stating that they would be adding interesticon to the balance monthly. I'd been interest free since the card was cancelled. You may imagine that I was dis-chuffed about this, it means that one-third of my resumed monthly payment is going in interest. So I rang Calders to enquire why I hadn't been informed about the interest when I spoke to them only a few days previously and ask them to reverse this. If they'd told me on the phone when I called them I'd have told them where to stick it and paid nothing.

    They replied that the day after I'd contacted them (what a coincidence) and set up the payments (which run for an initial 6 months off my Debit card) Barclaycard had instructed them to charge interest on all accounts. There was nothing that they could do about it. It was all down to Barclaycard, etc. The LAw now requires them to charge everyone interest.

    I tried them again a short while later, trying to explore how this might be reversed. Who should I contact? All to no effect, they had their instructions from Barclaycard. Bunch of Jobsworths, I thought. Oh well, better contact BC directly. Since they had given this instruction to Calders plainly only they could reverse it.

    So I did just that. Rang their Customer helpline and got through to one of their own people. Made certain that it was BC I was talking to and not Mercers or Calders. "Yes, Sir, this is BC" Explained who I was, what it was about. She looked through my file on her PC and said something to the effect that "I see that you've already spoken to 2 of my colleagues".

    That's when the light went on. No, no. I said. I've spoken to Calders earlier and you're BC, not Calders. I asked you explicitly and you told me that you were BC, NOT Calders or Mercers. A silence on the other end of the line. Barclaycard, under the name of Mercers/Calders had tried to shunt the blame for the interest charge onto BC, leading me to believe that they had nothing to do with it. The sheer deceit involved in this tangled web of companies, all of whom are really BC, putting the frighteners on people, using psychological scare tactics to indice payment.

    I am so angry that I want to do something. That's how I found this forum and the wealth of information here. I've read about CCA's and SARicon's, N-numbers and CPR until my head is buzzing.

    It seems that I need to do 2 things;
    1) Send off a request for a copy of my Consumer Credit agreement with a postal order for £something. Printed letter, no signatureicon, etc. They will produce a worthless copy of their terms and conditionsicon. This may well lead on into the realms of courts and arm-twisting to produce the original signed CCA at some future date.

    2) Send off another requesting every scrap of data they hold about me enclosing another postal order for £something-different. Again, printed letter, no signature. The result will be 6 yearsicon back history, showing all the PPI and late payment charges which were applied to the account during that time.

    I understand that I ought to be able to get the charges and PPI (which was worthless, I was a company director back then, a case for mis-selling?) paid back?

    My card was first taken out in about 1995. So I can almost guarantee that they don't have the original signed agreement of the CCA. Assuming that I'm right is there a possibility that I could have the debt overturned entirely if they can't prove that it was properly executed?

    I was willing to pay it out, but the multiple deceits they've perpetrated have really angered me. Adding interest on an interest-free debt 24 hours after I resume paying, then discovering that they use a different name, or names, to frighten people like me into paying. 'Incandescent with rage' doesn't begin to describe how I feel.

    Could someone come up with a simple list of steps to take for idiots like me to try and find our way through? Give links from each step to threads that deal with the topic(s). Then Sticky it to the top of the forum. Such a thing would be a useful place for a novice to start.

    I'm not going to go into Lombard, who granted me a loan on the basis that I had to take out the PPI, or it was no deal. An even more wanton case of misselling than BC.

    Sorry to moan at such length. I feel sooooo bitter about this. Finally think I've found somewhere where people know what it's like, are sympathetic and may well offer help and advice.

    Thanks in advance.


  2. #2
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    Default Re: Traveller vs Barclaycard

    Hi
    You have my sympathy.

    I think a SARicon to BC is the thing to do. Here is the link:

    http://www.consumerforums.com/resour...est-debt-a-dca

    It costs £10 but should bring back almost everything they have on you.
    Send a £10 Postal order
    Send by recorded delivery
    Wait 40 days

    I would say not to sign but so many SARicon's have been sent back due to no sig so either check out signguard or sign you SAR slightly differently to normal and keep a copy or sign and put a couple of lines through it.

    fox

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

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  3. #3
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    Default Re: Traveller vs Barclaycard

    Welcome to CAG traveller - you're in the right place & you obviously have the idea! See notes added below. Follow it through step by step & you'll get there.

    Quote Originally Posted by TheTraveller View Post

    I am so angry that I want to do something. That's how I found this forum and the wealth of information here. I've read about CCA's and SARicon's, N-numbers and CPR until my head is buzzing.

    It seems that I need to do 2 things;
    1) Send off a request for a copy of my Consumer Credit agreement with a postal order for £something. Printed letter, no signatureicon, etc. They will produce a worthless copy of their terms and conditionsicon. This may well lead on into the realms of courts and arm-twisting to produce the original signed CCA at some future date.

    The CCA request bit is correct - the rest, wait & see & keep fingers crossed. BTW it's a £1.00 PO. If they don't produce within 12+2 days, you write & put the account in dispute, witholding payments if you want but this may spark them into court action.

    2) Send off another requesting every scrap of data they hold about me enclosing another postal order for £something-different. Again, printed letter, no signature. The result will be 6 yearsicon back history, showing all the PPI and late payment charges which were applied to the account during that time.

    You can ask for more than 6 years' worth although you may not get it. You should specify you want a copy of your agreement, any default notices issued & any notice of assignments. It's called a SARicon, the template is here:http://www.consumerforums.com/resour...ccess-request- It costs £10.00 & the info has to be supplied within 40 days.

    I understand that I ought to be able to get the charges and PPI (which was worthless, I was a company director back then, a case for mis-selling?) paid back?

    Yes, you should calculate your claim when you get your statements, also a claim for unlawful charges (overlimit, late payments etc) if that applies to you.

    My card was first taken out in about 1995. So I can almost guarantee that they don't have the original signed agreement of the CCA. Assuming that I'm right is there a possibility that I could have the debt overturned entirely if they can't prove that it was properly executed?

    If you can prove there is no agreement or an unenforceable one (not executed, slightly different), yes you can have the agreement declared unenforceable in court & not make any further payments or you could offer a F&F on the basis that they can't enforce the debt. Suggest you leave that decision until you have all your info. & then post back for further comments.

    I'm not going to go into Lombard, who granted me a loan on the basis that I had to take out the PPI, or it was no deal. An even more wanton case of misselling than BC.

    You can pursue this too but suggest you take on one problem at a time until you are sure of your ground

    Sorry to moan at such length. I feel sooooo bitter about this.

    You're not the only one!!



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  4. #4
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    Default Re: Traveller vs Barclaycard

    Hi Traveller,

    Your head may, indeed, be buzzing but it's clear you already have a good take on the situation generally.

    I agree you should send of the SARicon to get details of all penalty charges and any mis-sold PPIicon added to the a/c.

    The CCA request will get you nowt but a set of T&C's in return, but this is a good initial step to take. Letter N from here with the £1 fee will do it - http://www.consumeractiongroup.co.uk...templates.html

    Read other threads and you'll see what is happening with other cases, which will help you decide how best to proceed for yourself.

    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: Traveller vs Barclaycard

    The CCA and SARicon letters both went in the post on Monday 5th October, three weeks ago. No reply so far. Not even a lousy set of current T&C's.

    I know that the SARicon has up to 40 days for a reply, but is this long enough in the case of the CCA to place the debt in dispute and stop paying them? That's what foolishgirl suggested on Sept. 22nd.


  6. #6
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    Default Re: Traveller vs Barclaycard

    It's 12+2 days from the date of your S77/78 CCA request, traveller so you can put the account in dispute anytime you want now but if you stop paying be aware that they will almose certainly default you & may commence legal proceedings.

    They have 40 days to produce the info from your SARicon after which time you can report it to the fosicon although it may take them weeks, if not months, to progress it as they have a current backlog.


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



  7. #7
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    Default Re: Traveller vs Barclaycard

    Quote Originally Posted by foolishgirl View Post
    be aware that they will almose certainly default you & may commence legal proceedings. Mercers may default you but that may be some time yet. Legal proceedings would be a long way off still, if they actually use any such proceedings.

    They have 40 days to produce the info from your SARicon after which time you can report it to the fosicon although it may take them weeks, if not months, to progress it as they have a current backlog. A complaint for SARicon non-compliance would go to the ICO.
    If (more likely WHEN) BC fail to supply your credit agreement, you can try a complaint to the FOS, who have recently made BC produce agreements in a couple of BC cases.

    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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