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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    ryjayel Novitiate ryjayel's Avatar

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    Smile Barclaycard, totally ignored!!!

    Hi Guys

    So this is my story so far:

    03.08.06 - S.A.R - (Subject access requesticon) letter sent to Barclaycard.

    14.08.06 - Letter received with statements back to 2004, but claiming previous statements are held on michrofiche, ergo out of the Data Protection Act remit...

    16.08.06 - Prelim letter sent demanding payment of £468, dating back to 2002. I actually already had copy statements, because I ordered them for my divorceicon case in 2003, but completed the S.A.R - (Subject access requesticon) in order to stick to the process and be thorough.

    Awaiting response from Barclaycard....they have until Wednesday 30th August.

    I'll keep you posted

    Ryjayel

    Similar Threads:

  2. #2
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    Cool Re: Barclaycard, claiming £468

    Hi all

    I sent my prelim letter on 18th, arrived recorded delivery 22nd August. No response yet so I have prepared lbaicon and will send on Monday 4th September (14 days delay).

    Had the microfiche argument but decided not to pursue this with the ICO in favour of getting MY money back.

    The fight goes on...

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  3. #3
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    Angry Re: Barclaycard, claiming £468

    No reply received to prelim letter sent so lbaicon sent 05.09.06.

    I love being ignored by them!

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  4. #4
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    Angry Re: Barclaycard, claiming £468

    So to recap!

    SARicon sent 3rd August (sent regular 1st class)
    Reply received 15th August

    Prelim sent 18th August (arrived 22nd via recorded delivery)
    No response

    lbaicon sent 5th September (arrived 6th via recorded delivery)
    No response as of 13th September

    Mcol commences Tuesday 19th September...

    Has anyone else been ignored by Barclaycard (or any other bank) like this?

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  5. #5
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    Default Re: Barclaycard, claiming £468

    Hi Ryjayel! Just so you don't feel ignored by everyone!

    Abbey - 547.00 settled in full.
    Second claim: £204 WON.
    Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

    MBNA - Concluded £634.31
    Capital One Concluded £148
    Kinda disappointed I've no more banks to go after now...

  6. #6
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    Talking Re: Barclaycard, claiming £468

    Thanks GMIB!

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  7. #7
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    Question Re: Barclaycard, claiming £468

    HELP!

    Have received a letter in response to my lbaicon. Tomorrow is Mcol day in terms of my calendar.

    They have offered me £168 to reduce the charges back to £12.

    How do I proceed? Whats the best way forward? Write back and accept that as partial payment of my full amount, and extend the time to do Mcol???

    All help gratefully received

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  8. #8
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    Default Re: Barclaycard, claiming £468

    Tell them that you will accept the £168 as partial payment only and continue with your timetable. Best wishes.
    Paul

    MBNA: Paid
    Co-Op: Paid
    Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
    Abbey National: Paid
    Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
    Capital One: Paid
    Cahoot: Paid
    Accord Mortgages: Prelim £9,750 LBA 6/10/06
    MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
    Mother in law Nat West: Paid
    Wife's Nat West MCOL issued 26/03/07

    Rise, like lions after slumber
    In unvanquishable number!
    Shake your chains to earth like dew
    Which in sleep had fallen on you:
    Ye are many - they are few!

    (P. B. Shelley, 'The Masque of Anarchy', 1819)



  9. #9
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    Default Re: Barclaycard, claiming £468

    Thanks Paul

    I'll send them a letter today by recorded delivery and I'll file the mcol tomorrow!

    It would appear thay are resorting to the tactic of reducing the money owed back to £12... too late!

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  10. #10
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    Question Re: Barclaycard, claiming £468

    Hi everyone

    Can I clarify something?

    I have a notice of issue, deemed served on 1st October. On the 5th October B/C acknowledged with intention to defend. They have 28 days from service of the claim form i.e 1st October?

    So by the end of the 29th, I can contact the court and if no defence, ask for judgement?

    Thanks

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  11. #11
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    Default Re: Barclaycard, claiming £468

    Quote Originally Posted by ryjayel
    Hi everyone

    Can I clarify something?

    I have a notice of issue, deemed served on 1st October. On the 5th October B/C acknowledged with intention to defend. They have 28 days from service of the claim form i.e 1st October?

    So by the end of the 29th, I can contact the court and if no defence, ask for judgement?

    Thanks

    Ryjayel
    not if it falls on a weekend so you will have to wait till the 30th. They will probably file a defenceicon on the last day though....

    _________________________ ________________
    Alliance & Leicester MBNA Credit Card
    Data Protection Act letter sent 3 July 2006.
    Incomplete list of charges received 12 August 2006
    Requested repayment of charges 10 November 2006
    LBA sent 24 November 2006
    Estimated £4650 in fines and interest.
    Barclaycard
    Data Protection Act letter sent 3 July 2006.
    Incomplete statements sent 9 July 2006
    Requested repayment of charges 14 August 2006
    LBA sent 30 August 2006
    Estimated £468 in fines and interest.
    Initiated claim at MCOL 20 September 2006
    Claiming £615.47 including fines & interest, s69 interest and costs
    Claim acknowledged 10 October 2006
    Defence filed 20 October 2006
    Settled in full £640 total. 14 December 2006
    Vodafone
    Requested Default Notice removed 10 July 2006
    Received letter agreeing to request 10 August 2006

  12. #12
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    Default Re: Barclaycard, claiming £468

    Yes that's right. Barclaycard told me they were defending, but did not enter a defenceicon in time. Therefore I was granted a decree by the court and Barclaycard were ordered to cough up.

    Abbey - 547.00 settled in full.
    Second claim: £204 WON.
    Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

    MBNA - Concluded £634.31
    Capital One Concluded £148
    Kinda disappointed I've no more banks to go after now...

  13. #13
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    Default Re: Barclaycard, claiming £468

    Hi Ryjayle

    I am in the same situation as you - barclaycard offered me an amount so my charges were only £12 each time. I have since written and accepted it as partial payment but that i will continue to get the remainder. Today received a letter to acknowledge it as a complaint.....Also checked my acc and they have so far credited this back to me so i now know they have received my acceptance.

    They are getting back to me with a decision by 24th Nov !!!!

    Just waiting now !!!

    How is you situation now??


  14. #14
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    Default Re: Barclaycard, claiming £468

    Hi KJ01

    I filed suit against barclaycard the end of september, they acknowledged and defended last month (the standard pile of garbage) and I sent back my aqicon about two weeks ago.

    Awaiting a court date...! I want it settled prior to xmas, but thats in doubt now...:cry:

    Good luck, keep in touch

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  15. #15
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    Default Re: Barclaycard, claiming £468

    Hi Ryjayel

    I have received a letter from Barclaycard saying they will not offer any more money as a refund and reduced the charges to only £12.

    I have to get back to them now however not sure on the next step.

    What did you do next? Do i respond with a letter or start the court claim? Another problem if i start the court claim it prob wont be before xmas and middle of Feb i go away for 4 weeks abroad - what if the court date is around then? Can we re-arrange a date?

    Hope you can help

    KJ01


  16. #16
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    Default Re: Barclaycard, claiming £468

    Stick to the timeframes in your letter - never change that. The court need to see that you have acted reasonably and done exactly what you said you will. If they have said they have reduced the charges to £12 and will only refund the difference, tell them you accept that money ONLY AS PART of the claim and you will continue court action as laid out in your letter for the remainder. If (as I suspect) they have said the new £12 fee is in line with 'the recommendation from OFT' point out that OFT NEVER advised this was fair. They only said that £12 was the amount at which they will become involved.

    My court date was set for when I was on holidayicon, and the court would not allow me to change the date. I had to hire a solicitor (£40 - refundable as part of the charge) to represent me.

    Abbey - 547.00 settled in full.
    Second claim: £204 WON.
    Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

    MBNA - Concluded £634.31
    Capital One Concluded £148
    Kinda disappointed I've no more banks to go after now...

  17. #17
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    Default Re: Barclaycard, claiming £468

    Thanks for the advice - i have already written to accept it as a partial payment and have now written back to point out the information they got wrong and that it my final lbaicon. After this i will start the claim.

    Do you have any idea where i can start with the court paperwork - i have no idea where to begin????

    KJ01


  18. #18
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    Smile Re: Barclaycard, £468: Preparing Court Bundle

    Hi Everyone

    Well, I have a court dates for Barclaycard on Feb 2nd.

    So I'm in the middle of using and expanding Bookworms court bundle (and a big shout out to Bookworm for that).

    I'm going to get it off by tomorrow, show them of my intention to go to court and be prepared for a fight.

    So far its currently 59 pages long, and to this I still need to add the copy statements.

    Its so confusing, and unnerving, making sure you have everything you need!

    Wish me luck!

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .

  19. #19
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    Default Re: Barclaycard, claiming £468

    Hi
    Seeing as noone else has wished you good luck, I shall.
    Let us know how it goes.

    Good Luck



  20. #20
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    Default Re: Barclaycard, claiming £468

    Thanks mate!

    Ryjayel

    ---------------------------------------------------
    Barclaycard & Barclays Bank Done!

    Now finally back to tackle partners THREE instances of highly suspect activity on his file
    .


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