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.
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 divorce case in 2003, but completed the S.A.R - (Subject access request) in order to stick to the process and be thorough.
Awaiting response from Barclaycard....they have until Wednesday 30th August.
I sent my prelim letter on 18th, arrived recorded delivery 22nd August. No response yet so I have prepared lba 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.
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...
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MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times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!
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.
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 defence 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
Yes that's right. Barclaycard told me they were defending, but did not enter a defence 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...
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 !!!!
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 aq 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.
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?
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 holiday, 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...
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 lba. 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????