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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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.

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  1. #1
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    Question Jen VS Style (RBOS)

    Can I claim although my account is closed?

    Can I claim a higher interesticon than 8% on the bank interest spreadsheet, because obviously credit cards charge you a few bob more on interest...?

    Thanks in anticipation of your help guys

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  2. #2
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    Default Re: Jen VS Style (RBOS)

    Yes you can claim on a closed account

    There are some people claiming a contractual rate of interesticon
    If you read around you can find some details about this.



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    Question Re: Jen VS Style (RBOS)

    I have been looking at the Credit Card templates (letter and spreadsheet) in the templates libraryicon and there only seems to be one letter giving the Credit Card company 14 days notice before court.

    Do Credit Card companies and Store Card companies not have to have a first letter of notice giving 14 days, then a reminder giving another 14 days like banks do?

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    Default Re: Jen VS Style (RBOS)

    You can use the bank prelim letter for that.



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    Default Re: Jen VS Style (RBOS)

    Thanks for that

    Still can't find anything on contractual rates of interesticon... Shall I just stick to the 8%?!

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  6. #6
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    Default Re: Jen VS Style (RBOS)

    How much we talking if you did go for the CI ?

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    Default Re: Jen VS Style (RBOS)

    Only £90 that I know of, but I'm sure there were more charges. I called them to get my entire statement history, but they were charging £5 PER STATEMENT - That's approximately £75! I quoted Data Protection and Subject access requesticon, but to no avail. How do I get my statements without forking out £75?

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    Default Re: Jen VS Style (RBOS)

    Its unclear why the card issuers appear to think that they can charge what they feel like for statements.
    You could ask them for a schedule or other transactional data that gives this info.........one ot two of the other card issuers do supply this.

    They dont however like to do it this way because the act says the info has to be clear intelligible etc.......so they have to attatch handwritten notes to decipher all the codes.

    Usually a second non compliance letter does the trick have you tried that route ?

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    Question Re: Jen VS Style (RBOS)

    I've just phoned them and asked for that. They're sticking to £5 per statement and insists there's no other way to do it. Should I send them a letter requesting the transactional data of my account, dropping the phrases Data Protection, Subject access requesticon, Fair Charge, Office of Fair Trading?

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    Default Re: Jen VS Style (RBOS)

    I am going to send off the Data Protection Act Subject access requesticon letter.

    I am worried that I will be on a losing battle as I have previously been hassled by two debt collection agencies regarding this account...

    The first, I settled with. They knocked my bill down from four hundred and something to £360. This payment was 'Full and finalicon'.

    The second came after me for the remainder. I contacted Style who stopped the debt collectorsicon after realising their mistake.

    Can they make me pay the remainder of that balence if I start after them for this £90+?

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    Default Re: Jen VS Style (RBOS)

    I'm also confused because of the 8% interesticon...

    I have to include the spreadsheet (which adds up the 8%) in the preliminary letter. Also in the second letter. Definately at court.

    But if they settle before court, do they not have to pay the 8%?

    (Been reading Gargoil's thread)

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  12. #12
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    Default Re: Jen VS Style (RBOS)

    Calm down...............

    Forget the DCAicon for now,and concentrate on the charges.
    Whilst the account is in disputeicon.......no further action can be levied.
    Send tha data protection act request.


    And the meantime if they do hassle you for repaymnt just tell them they are reqiured to suspend action.

    We can deal with the other issues including interesticon later.
    Interest is only added at the court stage.
    This is some time off yet!

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    Smile Re: Jen VS Style (RBOS)

    OK

    Sending the Data Protection letter today

    So, I need to send the 8% Spreadsheet with the claim letters, so they know what they'll have to pay out at court, yeah?

    What's CBA? I'm not getting all this shortened down stuff. There should be a section telling us what all the shortened down stuff is! It confuses me! A glossery! Yeah, one of those! (Unless there already is one, in which case, could you give me directions?!)

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    Default Re: Jen VS Style (RBOS)

    You know in the Data Protection Act 1998 Subject access requesticon letter, where it says: I enclose the statutory maximum fee of £10. Who make that statutory? Was it the Office of Fair Trading? I just want to ensure they don't go off on one with this £5 per statement crap. (excuse my French)

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    Exclamation Re: Jen VS Style (RBOS)

    Ooooo, I've just thought, the charges were only £15 a time... I can claim these back right? It's charges over £12 isn't it?

    Sorry if I can't stop checking things... I worry and stress... It's hereditory... You should meet my mum!!! It gets more annoying as time goes on. I appoligise in advance for future stressing-outs!

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    Question Re: Jen VS Style (RBOS)

    I have another question!!! Ah-ha!

    Can we charge the 8% interesticon on the Data Protection Act - S.A.R (Subject access requesticon) fee?

    Just getting my spreadsheet as ready as I can!

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    Default Re: Jen VS Style (RBOS)

    you can claim for anything whether its 12/15/38/10000000 as long as its a penalty charge. The OFT has not said that £12 is lawful.


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    Default Re: Jen VS Style (RBOS)

    It's the Data Protection Act itself (an Act of Parliament) which regulates the fee - I doubt very much that anyone would argue with it after receiving a valid request for information, which ours is.

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    Default Re: Jen VS Style (RBOS)

    I was just wondering about charging interesticon on the DPASAR fee...

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    Default Re: Jen VS Style (RBOS)

    Well, I suppose if your claim gets to court and you include the fee as part of the overall claim, then you would be entitled to 8% interesticon on the daily rate until settlement part (section 69 interest), but this would be so tiny that you'd probably have to wait about 2 months before it reaches one penny.

    Nothing wrong with claiming the £10 back though.

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