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)


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  1. #1
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    Default Mightyacorn OH and Barclaycard

    Having gone through SARicon's and Section 78 requests, and having been sent just numerous copies of different terms and conditionsicon, we still haven't received anything resembling an agreement. OH wrote and pointed out that nothing they had sent complied with request, and received the following letter:-

    http://i461.photobucket.com/albums/q...3-11-09pg1.jpg
    http://i461.photobucket.com/albums/q...3-11-09pg2.jpg
    http://i461.photobucket.com/albums/q...3-11-09pg3.jpg

    Could someone please look at the letter and give me some advice on how to respond please.


  2. #2
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    Default Re: Mightyacorn OH and Barclaycard

    hiya mightacorn

    would you now then be supposed to consider this is as their final letter?

    im just wondering if it is now time to complain to fosicon?

    i know of others who have in the past and have got their cca that way
    im thinking of doing my complaint today to fos

    when i can find the links of the threads im thinking of i will come back and edit this post and link in for you

    must dash out for a few hours but will be back later to see how you have got on and see what others have said

    keep positive

    laters angel x

    Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.

    my new motto is,,,",Taking back control of your life and home - such peace is priceless"

    This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel

  3. #3
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    Default Re: Mightyacorn OH and Barclaycard

    Quote Originally Posted by angel_1 View Post
    hiya mightacorn

    would you now then be supposed to consider this is as their final letter?

    im just wondering if it is now time to complain to fosicon?

    i know of others who have in the past and have got their cca that way
    im thinking of doing my complaint today to fos

    when i can find the links of the threads im thinking of i will come back and edit this post and link in for you

    must dash out for a few hours but will be back later to see how you have got on and see what others have said

    keep positive

    laters angel x
    Tks Angel


  4. #4
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    Default Re: Mightyacorn OH and Barclaycard

    Hi Mighty Acorn,

    As the letter says they will not communicate further about this, you can consider this to be their "final response" and, accordingly, you can now complain to the fosicon to see if they'll intervene so you can get sight of the Credit Agreement.

    Read this short thread - http://www.consumeractiongroup.co.uk...rclaycard.html

    Adapt and use the FOS template letter to reflect your own case.



    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: Mightyacorn OH and Barclaycard

    Hiya Mightyacorn

    thanks slick for adding the link, it was the one i was thinking of but yesterday was a bit of a hectic day - my apologies for not getting back

    hope it helps you Mightyacorn and good luck

    laters all angel x

    Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.

    my new motto is,,,",Taking back control of your life and home - such peace is priceless"

    This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel

  6. #6
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    Default Re: Mightyacorn OH and Barclaycard

    Nothing from Barclaycard, till today, they've only gone and sold it to Lowell. Is there a template letter please for this situation, ie Account in dispute and sold on?


  7. #7
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    Default Re: Mightyacorn OH and Barclaycard

    Hi MA,

    Since you started this thread, things have changed a bit and there have been some important rulings, eg:-

    1. Casey v HSBCicon which shows it is no longer generally viable to take a bank to court seeking a ruling of unenfoceability. If the bank takes YOU to court, you still have a good chance of defending if there are faults with the credit agreement.

    2. Kneale v Barclaysicon which Kneale originally won forcing Barclays to produce a credit agreement after a CPR31.16 request. Barclays appealed and won meaning it's no longer wise to seek sight of your credit agreement using CPR31.16.

    If the a/c was not in clear dispute, you may have problems arguing that the a/c should NOT have been sold to Lowells. Have you checked out the Default Notice timing - ie did they give you enough time to remedy after giving you notice. And was the DN fully compliant.

    You can read up on this topic here:-

    http://www.consumeractiongroup.co.uk...sputed-account

    http://www.consumeractiongroup.co.uk...Default-Issues

    If there are any penalty charges on the a/c, you can still reclaim these in full.

    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
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    Default Re: Mightyacorn OH and Barclaycard

    Thanks Slick,
    Time for some reading methinks



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