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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    techie09 Novitiate

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    Default Morgan stanley/Barclaycard CCA

    Hi
    Very new to all this, but have now decided to send out CCA requests to Barclaycard (3 credit cards in total), also have a MBNAicon will start new thread for that one, any help would be appreciated.

    Sent CCA request to Barclaycard Cash Back card, the credit card in question was Morgan Stanley when i applied for it around 2006. They sent reply and credit agreement (7 pages) well within the 12 days.

    Not sure if it meets the prescribed terms as there is no signatureicon , is it enforceable?,any help appreciated.

    http://i984.photobucket.com/albums/a...claycard1a.jpg
    http://i984.photobucket.com/albums/a...claycard1b.jpg
    http://i984.photobucket.com/albums/a...claycard1c.jpg
    http://i984.photobucket.com/albums/a...claycard1d.jpg
    http://i984.photobucket.com/albums/a...claycard1e.jpg
    http://i984.photobucket.com/albums/a...claycard1f.jpg
    http://i984.photobucket.com/albums/a...claycard1g.jpg


  2. #2
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    gazab41 Novitiate

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    Default Re: Morgan stanley/Barclaycard CCA

    hi this looks like the complete garbage that barclaycard send in response to a CCA request.

    All you have been sent is a Copy of terms and conditionsicon dating to |Jan 2002 note the number next to date this relates to what version of terms and conditionsicon sent.

    Barclay card will say this is all they need to send but as no signiture no card number this is the sort of garbage they like to send my advise for what its worth is send an account in dispute letter.

    you may find Barclaysicon will try to wriggle out and try to default you but hey they are wrong and they no it....


  3. #3
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    Default Re: Morgan stanley/Barclaycard CCA

    Hi Techie and welcome to CAG,

    You should send BC a letter to put the a/c "In Dispute". See the letter at post #4 from here - http://www.consumeractiongroup.co.uk...RD-no-cca.html Adapt it to suit your own case and send to BC by Rec'd Del'y.

    When they reply negatively and confirm that they will not correspond further about it, you can complain to the fosicon, to see if they'll intervene and help you get sight of your credit agreement.

    There's a template letter for this here - http://www.consumeractiongroup.co.uk...rclaycard.html but don't use this yet.

    Are there any penalty charges or mis-sold PPI on the a/c which you can reclaim in full with interesticon ?

    If there are such charges but you don't have statements for the last 3 or 4 years, send off a SARicon. Read the Reclaiming Guide at Link No1 in my signatureicon below.

    Read other threads here to see what is happening with other CAGgers cases.

    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.

  4. #4
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    techie09 Novitiate

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    Default Re: Morgan stanley/Barclaycard CCA

    Hi

    Thanks for the advice, i will send barclaycard a/c in dispute letter right away.There is a number of late payment and over limit fees going back 5 months from when i started to run into financial difficulties, i will check the statements and look into reclaiming.

    Will await there response !


  5. #5
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    techie09 Novitiate

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    Default Re: Morgan stanley/Barclaycard CCA

    Just received a interesting letter from Calder Financial with regards to a Full and finalicon settlement as follows:

    Dear Mr xxxx

    We are pleased to advise you that we can now offer a full and final settlement opportunity on your Barclaycard account.
    We can accept £xxxx.xx to settle your account.

    The payment must be received by the 20th May 2010.

    When the amount has been received, the account will be closed on our records and will not be pursued further by Barclaycard.

    Legal action may commence at any time unless an agreement is in place.

    xxxxxx
    Litigation Officer


    The letter is unsigned and not printed on the usual calders letterhead, and they have used a light brown ink.Can this letter be taken seriously, noticed no mention of third party taking on the rest of debt ! wonder if that odd colour ink will fade away in a few months !


  6. #6
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    Default Re: Morgan stanley/Barclaycard CCA

    Hi Techie

    Out of interesticon had you been continuing to make payments during all this time or what was happening during the last few months ?

    Is this their only response to your attempt to claim back fees ?


  7. #7
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    Default Re: Morgan stanley/Barclaycard CCA

    Hi Techie,

    If they have made an offer, they must honour it, subject to the terms they confirmed in the letter.

    What discount are they offering in percentage terms.

    Have you been able to quantify the amount of penalty charges you can reclaim.

    If you don't have all the necessary a/c statements, you can send a SARicon to get them.



    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: Morgan stanley/Barclaycard CCA

    Hi Goshort

    Have stopped making payments, since requesting CCA, they passed account to Mercers than Calders.Have now sent letter of complaint to fosicon, also sending SARicon to look into claiming back those fees.

    Hi Slick132

    The discount they are offering in percentage terms is 45%, and would say around £450 in penalty charges, i think the offer letter is suspect as they do not confirm that the outstanding debt will not be passed onto a third party, may ask them to reword "...and will not be persued further by Barclaycard or a third party.


  9. #9
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    Default Re: Morgan stanley/Barclaycard CCA

    If there are older penalty charges going back a few years, claiming compound interesticon at BC's contractual rate will greatly increase the amount you can get back, on top of the actual charges.

    You will have to decide if the offer is worth considering, if you have the means to pay them in a lump sum.

    If you settled in this way, they would not be able to pursue the debt further, nor would any third party. You would obviously have to check the final wording but I don't think the offer is suspect.

    The a/c would be left showing as "satisfied" on your credit files which is different to "settled". The former term reflects that the debt has been settled with payments that are less than the actual amount due.


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