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



+ Reply to Thread
Page 1 of 3
1 2 3 LastLast
Results 1 to 20 of 48
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    I appreciate what u said slick..

    I got more credit cards who are currently taking my repayment offer..however barclaycard which I took in 1999 has threatened to take further action after 23rd Oct 2009..do u think I should ask them now for CPR and Credit agreements request.. they did ask me to pay £3000 for settlement but my condition is so bad that I cannot afford to pay £3000 now I mean by tomorrow.. what do u think I should do now..
    Abbeyicon had same offer but I could not pay, now abbey said they have sold my balance to someone else who has not contacted me yet since last month...
    Citicard also sold the balance but I have not heard from anyone..
    I called both CITIcard and abbey to pay for this month but they said not pay them and wait till I hear from the people to whom they have sold the balance..

    Please note from Abbey I had 3 accounts and I paid 2 off them per agreements , only one credit card balance of £7000 left which they offered me to pay for £2000, but again I have not got that much money to pay at once.. so they sold it though I requested them to hold...
    Please also note all these cards I took sometime n 1999 and 2000 when I was doing my professional exams...

    Please advise..


  2. #2
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason,

    I've copied your post from your other thread in the Legal Issues forum. Stick to one topic per thread and use this new thread ONLY for your BC case.

    Send BC a CCA request to get sight of your credit agreement - http://www.consumerforums.com/resour...request-letter

    If you don't have all the a/c statements, get them with this - http://www.consumerforums.com/resour...access-request- to see what charges you can reclaim on the a/c.



    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
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Hi slick I got today a text message from someone I guess from clarity debt mgmt which I found out by calling the number.. however as the text was not clear who it is from I asked the lady to clarify who are they.. then she said she cannot tell me unless I confirm my details.. then per text message I told her I will call back when I receive the letter.... but she kept asking my name..
    do u think due to postal stike should I tell them my name and see which card they are talking about in case they get CCJ without telling me. At least I can talk before they do such thing.. or should I wait till I get the letter...


  4. #4
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason,

    Avoid all phone contact whenever possible and let them contact you in writing if they have something to tell you.



    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
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    They sent me new txt today asking to talk to someone called Ruth Gardner of Clarity.. I have not call back and have not got any letter from them.. I am scared if i do not call what if they do sent CCJ claim form..but i think this card will not happen agreements as i took this card before 2000...


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    the txt said : 'Further to our letter, it is important that we talk to you. pleae call ruth gardner at clarity on 01604686040 or reply by txt quoting..reference no.....'


  7. #7
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason,

    Don't be bothered by such texts - if they have something worth saying, they can put it in writing to you.

    They're just trying to get you to make a payment, after threatening you with all sorts of nasties.

    They can't just steam in and get a CCJ against you - they'd have to file a claim first which you would then defend.

    A great way to stop their stupid pestering by phone is to record your callsicon. See here - The Consumer Forums - telephone recorders reviews.



    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
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Craftygirl42 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    Posts
    546

    Default Re: Jason mnm -v- Barclaycard

    I wouldnt worry about the texts after all, you dont know who this company is and why they want you. They could be anybody. They would have to send you a Notification of Assignment. We did have someone chasing us for a disputed debt and eventually we recieved a letter from them to say they have been assigned the debt, up until then we had no idea who they were and why they were ringing.


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Hi thr.. I just did something stupid, I have not got their letter yet which they said in test has been sent.. this coudl be due to postal strike..Due to my Natwesticon/Incasso problem (Slick knows it) now I get scared too quick, before I read Slick and Craftygirl advice I have sent an email to clarity today which I found from their website to stop sending email and told my financial situation.. I do not know if I did a sily thing... Anyway guys (specially Slick) I do thank you all for being with me..

    I have not heard anything for my Abbeyicon card yet, I called them last month to pay and the guy said I should not be worried to make payment and wait till I get their leter which I have not yet received for more than 1 month now... Wish they could wipe it off ... that would give me little sleep... anyway good noght to u all till i hear from u..


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Again sorry for my typing....in 4th line for word 'email' should be 'text'


  11. #11
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason, you can edit your own posts if you spot a mistake - click on the EDIT button, amend the text, then click on SAVE.

    As regards the letters you are expecting, you may find they send nothing of the sort. Apart from threat-o-grams and demands.

    Clarity is not a name I've heard of on BC cases, so they may be dealing with another debt. Like I said before, if it's important to them, they'll write. Otherwise, IGNORE their contact attempts.

    Have you sent off the CCA request and the SARicon yet.

    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.

  12. #12
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Hi Slick how r u doing?
    I just recieved letter from Clarity for Citicard anf domeone called debt clear for MBNAicon. CCCS told me I should sent them letter with payment offer per income and expenditure.


    do you think I should send CCA and Subject access requesticon rather than payment offer cause I think they will not have CCA as I took these loan in around 2000.

    Please let me know what shall I do.


  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Also I read a story about a company called Cratel Client Review from BBC website who helped people like me to get money from Lenders. These people charge £495+30% on claim received.
    Do u think I should approach them from my Natwesticon Loan problem that you know...


  14. #14
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason,

    It would be best if this thread is used ONLY to discuss BC case, to avoid confusion (it doesn't take much !! ).

    Re using a CMC, the choice must be yours. However, the upfront fee is hefty and they ALSO take 30% of any refund, which you could get yourself if you read and use the advice here on CAGicon.



    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.

  15. #15
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Hi thr you have not told me what shall i do.. should I sent CCA and subject access. can you kindly sent me the link plz


  16. #16
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    Hi Jason,

    Remember, this is a self-help forum. All the info is here for you to read and use, but you have to make, and be responsible for, your own decisions.

    If you can't, or don't want to, pay BC you should send the CCA request which is in the debt collectorsicon Library - The Consumer Forums - Debt collectors

    You already have the link for the SARicon above.

    Be warned that CCCS may not want to help further if you dispute one of the a/c's as they tend to take a more moral view of your responsibility for debts.

    Thread moved into BC forum.

    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.

  17. #17
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Thanks. I will send CCA request to Abbeyicon, Citi and Barclaycard today...By the by currently I am paying the token payment to Natwesticon card and Eggicon loan which I took in 2001, do u think I shoudl also CCA natwest card and Egg while I am paying the token payments...

    If they cannot honour CCA , how can I get them the balance written off...


  18. #18
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    re Nat West and Eggicon, if you CCA them, there's a chance they'll review the payments you are making. This could happen at any time but is less likely while the payments are made through an agreement made with CCCS.

    And, as said above, CCCS will not agree to you stopping payments if one of the banks cannot produce the necessary 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.

  19. #19
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jason_mnm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2009
    Posts
    347

    Default Re: Jason mnm -v- Barclaycard

    Would you please comment on the following letter for CCA request;
    Is this the correct CCA request letter to send to DCAicon or banks:



    Account/agreement no. XXXX XXXX XXXX XXXX

    Dear Sir /Madam

    This letter is a formal request for a true copy of a correctly executed contract/agreement, numbered as above. Please be aware that I require a true copy, signed by both myself and a representative of your company that contains all the relevant information. This is my right under the Consumer credit act 1974, Sections 77/78. I also require the following.

    1.A full statement of account.
    2.A true copy of any deed of assignment.
    3.A copy of any other documents referred to or related to this matter.

    Please also be aware that I am fully cognisant of my rights under The CCA 1974 and amendments thereafter. I enclose the fee of one pound (£1) to cover your costs, as required.

    I am not asking for;

    1. Any information covered by any DATA Control Act.
    2. A set of terms and conditionsicon.
    3. A copy of an application form.
    4. Any other documentation other than that requested above.

    Under the terms of the aforementioned act you are required to provide this information within 12 working days. Failure to do so is an offence and renders the alleged contract unenforceable without recourse to a court of law.

    Failure to provide the requested documentation within the stipulated time frame will put the account into a very clear dispute. While in dispute the following rules apply.

    A creditor may not:

    1. Demand any payment on the account, and a debtor is not obliged to offer payment.
    2. Add interest or charges to the account.
    3. Pass the account to a third party.
    4. Register any information in respect of the account with a credit reference agency.
    5. Issue a default notice in relation to the account.
    As I am sure you are aware, recourse to a court of law will require you to produce the original correctly executed agreement. If you have it, please provide a true copy as required.

    If you are unable to provide the requested true copy I will require you to take all necessary steps to remove adverse credit references to my name.

    I will also expect you to advise me of all charges and interest made on the account since its inception and your intentions with regard to repayment.

    Failure to contact me within 21 days will result in reports to the Ombudsman and Office of Fair Trading and the possible commencement of legal proceedings.

    The delivery of this letter will be recorded by the Post Office.

    Yours faithfully,
    Jason MNM


  20. #20
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,326

    Default Re: Jason mnm -v- Barclaycard

    The normal letter for this is here - http://www.consumerforums.com/resour...request-letter

    The copy you show mentions about an offence being committed if they fail to respond in time - this no longer applies.

    Any reference to s.77/78 should be changed to show just s.78, which applies to credit card a/c's.

    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.


Browsealoud
Video Tour



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