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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    saddler10 Novitiate

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    Default Saddler10's partner vs Barclaycard

    Hi all, just received info on my partner's Barclaycard from May 2004 and their standard, it seems, Microfiche argument. Almost £700 in charges on the info they have sent, add on the pre-2004 charges plus interesticon and the card will be paid off and then some!

    Paul

    Similar Threads:
    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  2. #2
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    Default Re: Saddler10's partner vs Barclaycard

    Had a bit of a thought on this, we're further down the line with my partner's Barclaysicon current account (moneyclaim issued after a couple of delays). Thinking back, they also sent incomplete information for that account. When 40 days had expired, we sent a lbaicon for non compliance (section 7 of DPA), and within 5 days we had the remaining (microfiche) statements.
    Surely we are dealing with the same people and if they can 'find' the current account information in 5 days, surely they can do the same for the credit card.

    Any thoughts appreciated, Paul

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  3. #3
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    Default Re: Saddler10's partner vs Barclaycard

    Hi, just trying to update all my threads after being tied down with work commitments for a couple of months! We were waiting for the result of Barclaycard's visit from the information commissioner before proceeding. Now there's good news on that front will start chasing Barclaycard for the missing information.

    Paul

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  4. #4
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    Default Re: Saddler10's partner vs Barclaycard

    Hi all, finally today, after contacting the information commissioner, we received the missing information from Barclaycard, along with their apologies for any convenience caused by the delay! This adds another £360.00 to the claim plus any charges made since the start of this process, which seems such a long time ago!

    Cheers, Paul

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  5. #5
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    Default Re: Saddler10's partner vs Barclaycard

    Hi all, just about to do preliminary approach letter, and thinking about what interesticon rate to apply. Have filled in a spreadsheet with 18.9% but see some have applied the unauthorised rate (24.9%?). Did claim interest on my MBNAicon (a&l) card but allowed them to work it out so I guess they used the lower rate!
    As they have taken money they weren't authorised to take then we can argue the the unauthorised rate applies, am I correct?

    Grateful for any advice, Paul

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  6. #6
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    Default Re: Saddler10's partner vs Barclaycard

    Hi, would be grateful for some advice. We were due to start the claim for this last year but we were struggling financially and couldn't get the court fee together, so we decided to put this on hold and start again when our finances improve.
    With our financial situation about to get a lot better very soon, I decided to start preparing. I started looking through statements since last year, and found that Barclaycard gave my partner a partial refund in June last year. I do remember the partial refund being offered but didn't realise they had payed it without us saying that we accept it.
    Now I would like to know, can we pursue the rest as we haven't signed anything saying we accept the partial payment as settlement, or would the court look at the amount of time that has passed and would that work against us?

    thanks Saddler10

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!

  7. #7
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    Default Re: Saddler10's partner vs Barclaycard

    Hi Saddler,

    Start the claim from scratch and prepare your SOC. You can either use the simple spreadsheet for credit cards or the advanced version where you claim Contractual interesticon from the start. See here - http://www.consumeractiongroup.co.uk...eadsheets.html

    Also read this - http://www.shweb.pwp.blueyonder.co.u...20tutorial.doc. In the Credit Card section towards the end there is a link to another spreadsheet which you may find more user-friendly.

    Claiming CI will increase your claim considerably, but BC will not readily agree to this. You'll have to file at court and even then BC will take it up to the wire.

    If claiming CI, you must do this from your 1st letter (Prelim Letter) onwards.

    If you want a quicker result (BC may agree to refund before you file at court), stick with the simple spready. Bear in mind that BC don't have to pay even 8% interest if they agree to refund before you file your claim at court.

    Whichever spready you use, adjust it at the bottom to show the charges already refunded by BC.

    Come back with any queries.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  8. #8
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    Default Re: Saddler10's partner vs Barclaycard

    Thanks Slick, I have got spreadsheets already prepared, will get preliminary letter ready to go over the weekend.

    Saddler10

    Alliance & Leicester, £2944.66 settled in full, donation made!!!

    Capitol One (Partner), £475.01 settled in full, donation made!!!


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