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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    mhill716600 Novitiate

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    Default Mhill -v- Barclaycard (formerly Flyby & MSDW)

    Hello Every body out there.

    Just a quick note i have just had Mercers on the phone regarding my account.
    I explained that i had asked for my signed cca agreement twice and all that was sent was their terms and conditionsicon.

    On the 15th of Dec 09 i got a call from Mercers regarding this and i was told ( we do not have a signed application form/Credit agreement) but she explained that when i did apply and i was accepted then as soon as i used the card that was my agreement,

    I was originaly with Flyby then it went to Morgan Stanley and finally Barclaycard.

    I am at present with Payplan and pay £2.43 towards this debt any suggestions on what i should do now

    Regards

    MH


  2. #2
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    Parry Novitiate

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    Default Re: barclaycard/mercers-is this right?

    Mhill716600, not only note the date but also the time and preferably the name of who you spoke to. I was also told this as well, although the chap did not say about using it being my acceptance, just that all credit cards don’t have an agreement, only loans do


    It may not carry any weight as evidence but it is worth noting down to use in correspondence at a later date It was Calders who told me, different name but another version of BC in house threat monkeys

    Edit to add; have you sent a CCA request yet? Not sure what you should do with the payplan issue but a CCA request would get the ball rolling. I'm sure a more experienced cagger will advise further.


  3. #3
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    mhill716600 Novitiate

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    Smile Re: barclaycard/mercers-is this right?

    Hi Parry, I have cca,d them twice and all i got was Barclay cards terms and conditionsicon. I did get the persons name and have wrote down the time and date.

    i think i will do a SARicon and see what comes back.I will also will keep paying through PAYPLAN as at least i am making an effort.

    Regards

    MH


  4. #4
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    Default Re: Mhill -v- Barclaycard (formerly Flyby & MSDW)

    Hi Mhill,

    I've taken your posts and related reply from the thread where you posted, to avoid further hijack of that thread. Use this one that I've opened for you from now on.

    If you read other threads here in the BC forum, you'll see that many are about BC and their failure to send out credit agreements.

    Have you sent them an Account In Dispute letter.

    Do you know if there are any penalty charges on this a/c.

    Are you paying off several creditors through PayPlan on a pro-rata basis.

    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.

  5. #5
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    Default Re: Mhill -v- Barclaycard (formerly Flyby & MSDW)

    Hi Slick123,Thanks for the help

    I have not put the account into dispute yet should I?

    There are charges on the account, i will SARicon them this week and see what it looks like,

    I have cards,overdrafts and a loan with payplan, I pay a set amount and they dish out the amounts to each individual company, recently though i have been receiving quite a number of calls from Lloydsicon tsb asking for more money?


  6. #6
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    Default Re: Mhill -v- Barclaycard (formerly Flyby & MSDW)

    See post 2 or 4 here for a letter to place the a/c in dispute - http://www.consumeractiongroup.co.uk...RD-no-cca.html

    This may be outdated after the Manchester cases rulings but send it off anyway, until we see how the banks repond to the rulings.



    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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