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.

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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.

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  1. #1
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    Default West V Barclaycard

    Hiya I am just about to start my claim with Barclaycard, can anyone confirm the address I need to send my DPA letter to as in the contact details bit there are about 4 or 5 different address so I do not know which one is best to use.
    Thanks

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  2. #2
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    Default Re: West V Barclaycard

    The Radbroke Hall, Knutford, Cheshire, one.

    Apologies to people who I was in the process of helping, I may be gone some time.

  3. #3
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    Default Re: West V Barclaycard

    Thank you, will get going on that then.

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  4. #4
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    Default Re: West V Barclaycard

    I have just received my statements from Barclaycard, should I send my prelim letter to the same address as my DPA or to the one that is on their reply letter which is
    Barclaycard
    P.O. box 599
    Manchester
    M60 3NF

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  5. #5
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    Default Re: West V Barclaycard

    I sent mine to both the 1234 Pavilion Drive address and to the Customer relations address in Manchester. Acknowledged by Manchester, nothing heard at all from Northampton.



  6. #6
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    Default Re: West V Barclaycard

    I'll use that one then, Thanks

    Prelim will be sent on Monday!! for mine and my husbands accounts!

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  7. #7
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    Default Re: West V Barclaycard

    I have today had a reply from Barclaycard to my prelim letter, offering me £80.00, the claim is for £200.00 they say in their letter that as a goodwill gestureicon they will credit my account with the £80.00 which is the difference between the charges I have incurred and the £12.00 fee recommended by the OFT. Should I now send my lbaicon letter, even though it hasn't been 2 weeks yet since the Prelim was sent or does that not matter now they have replied to that now? If I should send the LBA should I put in it about the £80.00 anywhere?

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  8. #8
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    Default Re: West V Barclaycard

    I'd drop them a reply asap saying that any payment made will be accepted as part settlement only, then continue with the timetable. If it ever gets to court you want to show that you've been as reasonable as possible.

    In your lbaicon say that you're claiming for the full amount less any payment received as goodwill, that's if you've had a payment by then.



  9. #9
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    Default Re: West V Barclaycard

    So send a seperate letter now accepting that as part settlement and then on 2nd of October send the lbaicon (as my prelim was sent on 18th Sept

    HALIFAX
    SETTLED IN FULL 06/09/06 £4,067.00

    MBNA
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    HALIFAX CREDIT CARD
    Data Protection Act Sent 01/09/06

    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


    HUSBANDS BARCLAYCARD
    SETTLED IN FULL March 07 £320.00

    MINT
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  10. #10
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    Default Re: West V Barclaycard

    Quote Originally Posted by west
    So send a seperate letter now accepting that as part settlement and then on 2nd of October send the lbaicon (as my prelim was sent on 18th Sept
    I would. The law about accepting an offer of full payment as part-payment turns on the facts in each case. In a nutshell the effect of the law is that you need to be explicit that an offer is accepted as part-payment only and that you need to let the debtor know this as quickly as possible. Case law suggests that a maximum delay between your receipt of payment and you letting the debtor know that you accept it as part payment only is about 5 days.



  11. #11
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    Default Re: West V Barclaycard

    Thats great thanks for your help

    HALIFAX
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    MBNA
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    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


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  12. #12
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    Default Re: West V Barclaycard

    I have today received a reply to my letter rejecting the £80.00 as full settlement basically saying, they note I am dissatisfied with their offer to refund £80.00, but their position remains the same and they are not prepared to consider any further refund....etc etc....
    Is this the normal for barclaycard?? I have had a look around other peoples threads but can't really see anything about a letter like this.
    I am due to send my lbaicon on 2nd October, do you think I am actually going to get the full amount out of them or is £80.00 all I will get??

    HALIFAX
    SETTLED IN FULL 06/09/06 £4,067.00

    MBNA
    SETTLED IN FULL 25/10/06 £419.00 (settled before court action taken)

    HALIFAX CREDIT CARD
    Data Protection Act Sent 01/09/06

    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


    HUSBANDS BARCLAYCARD
    SETTLED IN FULL March 07 £320.00

    MINT
    Data Protection Act sent 10/09/2006
    Pelim sent 02/10/2006
    LBA sent 18/10/2006


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    Data Protection Act sent 10/09/2006

  13. #13
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    Default Re: West V Barclaycard

    Quote Originally Posted by west
    I have today received a reply to my letter rejecting the £80.00 as full settlement basically saying, they note I am dissatisfied with their offer to refund £80.00, but their position remains the same and they are not prepared to consider any further refund....etc etc....
    Is this the normal for barclaycard?? I have had a look around other peoples threads but can't really see anything about a letter like this.
    I am due to send my lbaicon on 2nd October, do you think I am actually going to get the full amount out of them or is £80.00 all I will get??
    That's the letter I got (shortly followed by a cheque for their offer), I've just started proceedings, so we'll see how it all unfolds...



  14. #14
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    Default Re: West V Barclaycard

    Ok, thanks for that I will keep an eye on how you get on!!!

    HALIFAX
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  15. #15
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    Default Re: West V Barclaycard

    I am about to put in a claim with moneyclaim against Barclaycard, just a quick question I am not sure if anyone can help, but on the MBNAicon section people at their office dealing with the return of charges are adding the interesticon amount to your claim at whatever you are paying on your card, which obviousley amounts to alot more than the 8%, can I claim the percentage being charged on my Barclaycard instead of just the 8%

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    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


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    SETTLED IN FULL March 07 £260.00


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    SETTLED IN FULL March 07 £320.00

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  16. #16
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    Default Re: West V Barclaycard

    As I understand it, yes, you can claim the interesticon back at the contractual rate.

    Its harder to work out and you also need to claim the 8% as a default back up as well.

    Keep reading these threads for more precise information on how to go about that.


  17. #17
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    Default Re: West V Barclaycard

    Is there anyone that can help me with the contractual rate as I have been over and over different things and have just confused myself now. Is there a spreadsheet that works out the contractual interesticon.

    HALIFAX
    SETTLED IN FULL 06/09/06 £4,067.00

    MBNA
    SETTLED IN FULL 25/10/06 £419.00 (settled before court action taken)

    HALIFAX CREDIT CARD
    Data Protection Act Sent 01/09/06

    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


    HUSBANDS BARCLAYCARD
    SETTLED IN FULL March 07 £320.00

    MINT
    Data Protection Act sent 10/09/2006
    Pelim sent 02/10/2006
    LBA sent 18/10/2006


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    Data Protection Act sent 10/09/2006

  18. #18
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    Default Re: West V Barclaycard

    Hiya I am just about to enter my claim with moneyclaim online, just a quick question, I was originally claiming £260.00 but barclaycard have paid up £104.00 so when I am entering the particulars of claim do I now just put in the remainder of £156.00?? and the interesticon amount do I calculate it on the total amount of £260.00 and lastly when I enclose the schedule of charges to the court do I list them all and perhaps add a note to say they have paid up £104.00?? Sorry so many questions but I am getting really confused now... Halifaxicon were so easy compared to this!!!

    HALIFAX
    SETTLED IN FULL 06/09/06 £4,067.00

    MBNA
    SETTLED IN FULL 25/10/06 £419.00 (settled before court action taken)

    HALIFAX CREDIT CARD
    Data Protection Act Sent 01/09/06

    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


    HUSBANDS BARCLAYCARD
    SETTLED IN FULL March 07 £320.00

    MINT
    Data Protection Act sent 10/09/2006
    Pelim sent 02/10/2006
    LBA sent 18/10/2006


    CAPITAL ONE
    Data Protection Act sent 10/09/2006

  19. #19
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    Default Re: West V Barclaycard

    Quote Originally Posted by west
    Hiya I am just about to enter my claim with moneyclaim online, just a quick question, I was originally claiming £260.00 but barclaycard have paid up £104.00 so when I am entering the particulars of claim do I now just put in the remainder of £156.00??
    Yes ,

    and the interesticon amount do I calculate it on the total amount of £260.00
    Yes,

    and lastly when I enclose the schedule of charges to the court do I list them all and perhaps add a note to say they have paid up £104.00??
    Yes!

    Sorry so many questions but I am getting really confused now... Halifaxicon were so easy compared to this!!!
    Good luck!



  20. #20
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    Default Re: West V Barclaycard

    Thank you so much for that, all seems so simple now!!!

    HALIFAX
    SETTLED IN FULL 06/09/06 £4,067.00

    MBNA
    SETTLED IN FULL 25/10/06 £419.00 (settled before court action taken)

    HALIFAX CREDIT CARD
    Data Protection Act Sent 01/09/06

    HALIFAX
    SETTLED IN FULL Dec 06 £2,409.00


    BARCLAYCARD
    SETTLED IN FULL March 07 £260.00


    HUSBANDS BARCLAYCARD
    SETTLED IN FULL March 07 £320.00

    MINT
    Data Protection Act sent 10/09/2006
    Pelim sent 02/10/2006
    LBA sent 18/10/2006


    CAPITAL ONE
    Data Protection Act sent 10/09/2006


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