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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    DANNY.1 Novitiate

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    Default Help needed. Darren V's Barclaycard

    Hi everyone,
    Great site by the way, very helpful indeed. Need some advice for my son, though. Just got his statement's from Barclaycard (no refund of the D.P.A. fee, by the way.Is this refundable?) Plus the Microfiche blurb.

    His statement's break down as such:

    Late Payment charge. £20.00 Can he claim this back ? Yes/No
    Exceeded Limit. £20.00 Can he claim this also ? Yes/No
    Cash ADV/Cheque Handling Fee £2.00 Can he claim this also ? Yes/No
    interesticon on standard balance. ? Yes/No
    Interest on cash balance. ? Yes/No

    As you can see I cant find just which charges you can claim back (I have looked,honestly) Finally does being over your limit/overdrawn have any bearing on what you can claim back.Finally does being over your limit/overdrawn have any bearing on what you can claim back.
    Sorry for being a bit Dim, hope someone can help. thank's.

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  2. #2
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    AndyE Novitiate

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    Default Re: Help needed. Darren V's Barclaycard

    1. The Data Protection Act fee is not refundable, but you could add it to your claim.

    2. Late payment charge - claimable

    3. Overlimit charge - claimable.

    4. Cash advance / cheque handling fee - not claimable as it's a charge for a service, not a penalty charge.

    5. interesticon - all that's claimable is the interest that's been charged on the penalty fees, not the interest on purchases or other service charges.

    6. Being overlimit doesn't have any bearing on what you can claim back. You (or your son) will be in breach of his contract with Barclaycard, but that's a separate issue to the penalty charges.

    7. Microfiche - this is a developing situation. I'd try writing back to them, tell them that they've not fully complied with your DPA request and give them the balance of the 40 days to rectify it. Alternatively if there are only a few statements missing and you're sure that there are charges on those statements then pay up and claim back the £3's along with the rest of the money.



  3. #3
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    Default Re: Help needed. Darren V's Barclaycard

    Thank's for your reply AndyE,
    Going to write for confirmation of the exact date he opened his account now, may actually be the month of his 1st statement. May/04. If so then he dont need any other statement's.Then time to use the highlighter pen, me think's.


  4. #4
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    Default Re: Help needed. Darren V's Barclaycard

    Right made some progress got statement's plus the usual Microfiche garbage, yawn. Sent off the Preliminary Letter plus Spreadsheet got an offer this morning, you know the one Goodwill blah, blah, blah. Do I now send the lbaicon or just the rejection letter or both??? As you can see I am a tad confused. Thank's.


  5. #5
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    Default Re: Help needed. Darren V's Barclaycard

    Hi Folk's,
    Can anyone help me with this question please.I have spent hour's reading past cases but still cant find the answer.Now ready for next stage but still not sure if I send Rejection letter/lbaicon (which is due soon) or both, bit scared of making a mistake to be honest. Hope someone can help. THANK'S.


  6. #6
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    Default Re: Help needed. Darren V's Barclaycard

    Hi Danny

    Send them a letter stating that you accept the payment as a partial refund only and that you intend to continue with your claim to recover the oustanding amount. Then send them your lbaicon, remembering to update for the amount already refunded

    skb

    Victory over Lloyds £890 Click!
    Victory over Vodafone: default removal click!
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    Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)
    The GF's battle against RBS click! stayed awaiting the end of the world

  7. #7
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    Default Re: Help needed. Darren V's Barclaycard

    Thank's for the advice Skb, duly noted.Letter's ready to be posted on Monday. Barclaycard today sent my son a letter to say they had put a credit for (£96) into his account, this was their offer amount. If he can withdraw this in cash Monday morning then he will post Rejection letter/lbaicon after lunch. I get the impression they are expecting the offer to be rejected and have tried to preempt it by making the credit, albeit into an account that has been unused for over a year. Nice try. I must remember to alter/not alter, his amount's depending on whether or not he can withdraw the £96. With the full total being small in relation to many people's, I really feel that to drag it out to the court stages with cost's,interesticon etc is really poor practice. Who would be a bank shareholder eh, poor sod's. LOL.


  8. #8
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    Default Re: Help needed. Darren V's Barclaycard

    Hi Folk's,
    Been a while since I posted,due to a serious family illness plus no PC. This claim has very much been on the back burner. Couple of question's:1, if it is some 2 month's or more since you sent your lbaicon do I have to start again? 2, Had a look at the MCOL form last night but how do you fit all the text on it?


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    Default Re: Help needed. Darren V's Barclaycard

    Quote Originally Posted by DANNY.1 View Post
    Hi Folk's,
    Been a while since I posted,due to a serious family illness plus no PC. This claim has very much been on the back burner. Couple of question's:1, if it is some 2 month's or more since you sent your lbaicon do I have to start again? 2, Had a look at the MCOL form last night but how do you fit all the text on it?
    Nope you can just continue.

    Here is the POCicon for MCOL
    http://www.consumeractiongroup.co.uk...laim-line.html






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE