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

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  1. #1
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    Default fergal v barclaycard

    Can someone take a look and see what they think about this agreement.
    I really need to have default removed and I think this is unenforceable?
    any help much appreciated


    http://i940.photobucket.com/albums/a...sagreement.jpg


  2. #2
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    Default Re: fergal v barclaycard

    Hi Fergal,

    This appears to be missing the Prescribed Terms as required for it to be enforceable. Send a letter confirming this document is inadequate, and that the a/c is in dispute.

    For help with the DN, see here - The Consumer Forums - Challenge a default on a disputed account

    Also see the Data Protection and Default Issues 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.

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    Default Re: fergal v barclaycard

    Off topic I know (which is kind of the way things are flowing at the moment )

    If you want to embed the picture to your thread like this :-



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  4. #4
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    Default Re: fergal v barclaycard

    hi slick couldnt see anything on there for default added even though account in dispute due to unenforceable agreement .... seems to be more about bank charges????? it also has Y in PPIicon box I did not ask for this????

    do you have a letter for unenforceable agreement defaulted?


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    Default Re: fergal v barclaycard

    Did you read the Stickies and threads in the Data Protection and Default Issues 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.

  6. #6
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    Default Re: fergal v barclaycard

    hi yes I have read so much I think I am confused... should I start legal route cpr 31.14/16 and what is timescale of all this? really confused but can not afford this default on file? is costing me already?


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    Default Re: fergal v barclaycard

    Hi Fergal,

    Yes it is confusing but you need to find the right stuff to read until it becomes clear.

    If there is a clear dispute about the a/c, no default should be placed until the dispute is resolved. If this default costs you money, you could in theory sue for any consequential additional borrowing costs, for example. Read up on the case of Richard Durkin -v- DSG Retail and HFC bank PLC - Case Summaries & Court Reports - CaseCheck - Richard Durkin v DSG Retail Limited & HFC Bank plc, Aberdeen Sheriff Court, 26 March 2008 Although this is a Scottish case, I believe the case can be used as case law to back up an English claim.

    Are there any penalty charges on this a/c. If so, this would be a clearer dispute than the (possible) failure to comply with a CCA request.

    CPR 31.16 would be a possible way forward to get sight of the credit agreement (which you've already done) and to get the account confirmed by the court as unenforceable, if the judge agrees on the day.

    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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    Default Re: fergal v barclaycard

    Sorry, forgot to mention, if there's a tick in the PPIicon box and you didn't know of, or agree to this, start a thread in the PPI forum about reclaiming PPI.



    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.

  9. #9
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    Default Re: fergal v barclaycard

    hi slick I have already claimed back PPIicon and charges including £12 charges on this account..... my complaint is now enforceability....

    agreement not what it should be and they had PPI on there that I was unaware I had or could change... is this a worthwhile case...what is my next steps. Is there a POCicon that I can use anywhere, as I really need to get default removed...


  10. #10
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    Default Re: fergal v barclaycard

    Hi Fergal,

    Try starting a thread in the Defaults forum if that is what you want to concentrate on - http://www.consumeractiongroup.co.uk...efault-issues/



    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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