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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    FunkyChick81 Novitiate

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    Default Me Vs Barclaycard

    Started a new threadicon as it was getting complicated...
    Ok I've sent cca request to barclaycard, this is what i received, just looks like terms and conditionsicon but no agreement or can they class this as an agreement?

    any help would be appreciated, thanks again [IMG]file:///C:/Users/Maria/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]


    http://i850.photobucket.com/albums/a...d/barclay1.jpg
    http://i850.photobucket.com/albums/a...d/barclay2.jpg
    http://i850.photobucket.com/albums/a...d/barclay3.jpg
    http://i850.photobucket.com/albums/a...d/barclay4.jpg
    http://i850.photobucket.com/albums/a...d/barclay5.jpg

    Then I have received this
    http://i850.photobucket.com/albums/a...d/mercers1.jpg
    http://i850.photobucket.com/albums/a...d/mercers2.jpg

    now this letter is dated 01/10/09 and after receiving only t's and c's to my cca request, I sent them a letter dated 02/10/09 which was:

    Dear Sir/Madam

    Thank you for your response to my request under the Consumer Credit Act section 78.
    In your response you confirm this as a true copy of the original agreement executed by yourselves.
    As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).
    I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.
    After this period you should close the file and cease processing any personal data relating to me on this matter.

    Yours faithfully



    I've now received this from barclaycard after I sent the account in dispute letter:
    http://i850.photobucket.com/albums/a...02/barclay.jpg
    http://i850.photobucket.com/albums/a...2/barclay1.jpg
    http://i850.photobucket.com/albums/a...2/barclay2.jpg


    Any Ideas on the next step??

    Thanks in advance






  2. #2
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    Default Re: Me Vs Barclaycard

    Hi FunkyChick,

    Adapt and use this letter to put the a/c into dispute, unless you've already sent it - http://www.consumeractiongroup.co.uk...ml#post2440121

    Then write to the fosicon and complain that BC have failed to supply you with a copy of your credit agreement as required by your CCA request.

    Ask if they would intervene and get BC to send you a copy of the agreement, to which you are entitled.

    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
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    Default Re: Me Vs Barclaycard

    thanks slick


  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

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    Default Re: Me Vs Barclaycard

    Hi FunkyChick,

    If you haven't yet complained to the fosicon and still want to, you could adapt and use this template - http://www.consumeractiongroup.co.uk...ml#post2575342



    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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