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 barclaycard help needed

    i currently owe 733.04 to my barclaycard which had a limit of 300 am i still able to apply for a refund of excessive charges now that the banks etc have won in court?


  2. #2
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    Default Re: barclaycard help needed

    Quote Originally Posted by whipsey View Post
    i currently owe 733.04 to my barclaycard which had a limit of 300 am i still able to apply for a refund of excessive charges now that the banks etc have won in court?
    Firstly, the banks have not won in court (have a read around the forums).

    Secondly, the Supreme Court case was not to do with credit cards but bank charges I believe.

    Hope this helps,

    M

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  3. #3
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    Default Re: barclaycard help needed

    that helps a lot thank you


  4. #4
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    Default Re: barclaycard help needed

    Hi, whipsey.

    Like MandM says, the test case had nothing to do with Credit Cards, get your claim in.


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  5. #5
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    Default Re: barclaycard help needed

    Hi Whipsey, posted on your other thread.

    M

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  6. #6
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    Default Re: barclaycard help needed

    Hi Whipsey,

    I see you started the reclaiming process long ago but didn't follow it up. If you are going to do this now, stick to your deadlines and follow up any threats with positive action.

    Start the process from scratch. Get all your statements together and, if you are missing any, send off a SARicon with the £10 to get them from BC.

    Use this letter as your Prelim and your lbaicon, adapted as nec'y.

    Decide if you just want the charges back, or you want to claim the charges plus interesticon at BC's contractual rate. Read up on this in the Interest Tutorial in my signatureicon below.

    If you just want the charges back, BC will refund them in full without you having to file at court.

    If you want contractual interest, you'll have to file a court claim, pay court fees (reclaimable) and prepare your evidence or Court Bundle. The financial rewards can be significant.

    It may help you decide if you calculate the contractual interest using the spreadsheet mentioned in the Int't Tutorial (under the heading Credit Cards), so you can see how much more you can claim.

    BC will refuse to pay all the way up to a court hearing but will usually back down and cough up.

    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.

  7. #7
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    Default Re: barclaycard help needed

    yeah it kinda got put on the sideline last time as i had a lot of funerals etc to deal with in a short space of time but im fired up and ready to sort this out now


  8. #8
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    Default Re: barclaycard help needed

    right the diary is sorted and my SARicon request for Barclaysicon is in my hand let the fun begin


  9. #9
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    Default Re: barclaycard help needed

    Never mind in your hand !!

    Get it posted off.



    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.

  10. #10
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    Default Re: barclaycard help needed

    posted yesterday

    quick question if i beleive the amount is in dispute can i hold off any debt collectionicon action until it is sorted?


  11. #11
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    Default Re: barclaycard help needed

    Hi whipsey.

    Why do you believe the amount is in dispute? (out of interesticon)

    M

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  12. #12
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    Default Re: barclaycard help needed

    my limit on this card was only 300 as i kept itlow but i currently owe 733 on there and can't work out how it got to that


  13. #13
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    Default Re: barclaycard help needed

    Sorry whipsey, just had a read back through the thread so back up to speed now .

    I see Slick said to adapt the letter to use it as your lbaicon, which sounds pretty terminal . (I really should read back further lol) so as the amount is in dispute. There is a letter in the template libraries I believe which should cover this. You OK finding one?

    M

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  14. #14
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    Default Re: barclaycard help needed

    Tuck this away somewhere safe. For your future use

    M

    http://www.consumeractiongroup.co.uk...templates.html

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  15. #15
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    Default Re: barclaycard help needed

    When you get the SARicon response, you should be able to see how the a/c balance got to it's present level.

    The a/c is not in dispute yet as there is no claim underway and no CCA request or SARicon deadline has passed.

    If you don't make monthly payments to the a/c, the debt collectionicon monkeys will be on your back.

    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.

  16. #16
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    Default Re: barclaycard help needed

    Quote Originally Posted by slick132 View Post
    When you get the SARicon response, you should be able to see how the a/c balance got to it's present level.

    The a/c is not in dispute yet as there is no claim underway and no CCA request or SARicon deadline has passed.

    If you don't make monthly payments to the ac/, the debt collectionicon monkeys will be on your back.
    My apologies, I assumed (wrongly) that you were beyond CCA request stage.

    M

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  17. #17
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    Default Re: barclaycard help needed

    right my statements arrived yesterday and my letter to reclaim the charges was sent away this morning totalling £688
    lets hope they pay up


  18. #18
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    Default Re: barclaycard help needed

    They may well make a lower offer initially but will change their tune quickly enough when you make the right response.



    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
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    Default Re: barclaycard help needed

    right i'm still gettin no where with this and am ready to send off a claim to the court but cant find the section on how to do this i remember using moneyclaim online but not sure what to write on it any help will be appreciated


  20. #20
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    Default Re: barclaycard help needed

    Can you tell us what's happened since your last post. Did you claim back the charges alone or with contractual interesticon on top.

    How did BC respond.

    Don't use MCOL if you can avoid it - issue proceedings at your local county courticon. Use the BC POCicon's linked in the Stickies.


    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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