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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    alexdrake Novitiate alexdrake's Avatar

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    Exclamation CREDIT CARD charges reclaim, how to restart my stayed action

    I started a claim for unfair credit card charges in late 2007. The bank filed a defence which resulted in the case being stayed pending the outcome of the OFT case. I emailed MCOL explaining that this claim was in fact for CREDIT CARD charges, and therefore the request by the bank for it to be stayed was not relevant and should not be granted for that reason. Despite this [and an N244icon plus the fee being sent in early 2008] they were successful in being granted the stay of action.

    I'd really appreciate some advice on where to restart things now. Should I write to bank telling them that I would be happy to settle out of court if they were to refund all charges in my original claim [including the 8% interesticon I added back in 2007] PLUS additional interest that I've been deprived of since their request to have the case stayed when in actual fact they had no right doing so?

    Or...

    Should I contact court and get stay lifted and update particulars of claim to add more interest on??

    Some pointers of how to proceed would be most helpful.


  2. #2
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    recalc your claim and approach them direct
    statin that if they dont comply then you will get the stay lifted and proceed with the case.
    then just update your POCicon

    dx


  3. #3
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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    Thanks for that dx, I'll get calculating! I don't suppose you [or anyone else?] knows of any template letter to send the bank, that I could adapt to fit the circumstances?

    Quote Originally Posted by dx100uk View Post
    recalc your claim and approach them direct
    statin that if they dont comply then you will get the stay lifted and proceed with the case.
    then just update your POCicon

    dx



  4. #4
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    none
    just write a letter.
    plain english.

    dx


  5. #5
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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    Just bumping this in case anyone else has advice to offer?


  6. #6
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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    I hope I am not pushing into someone's thread here, but unfortunately I havnt had a reply to my own thread.concerning advise on 'CLAIM STAYED' ! '28 days given pending a response from the claimant. After that period has elapsed the only action the claimant can then take is to apply to a judge for an order lifting the stay.'.
    Can anyone advise me on my best course of action and what my position is presently, as the the 28days has expired. thanks so much and sorry for butting in here.!!


  7. #7
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    hit the red triangle on your own thread and ask the site team to get someone to drop in.

    dx


  8. #8
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    Default Re: CREDIT CARD charges reclaim, how to restart my stayed action

    great thanks! i shall try that !!



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