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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    Default rob14973 v Barclaycard

    Hi

    After my second get lost letter, i decided to give barclaycard a phone callicon asking for a list of charges from 2001 to 2004. he could do a list of charges but would send it out in statement form. (approx 40 statements). The kind gentlemen says they have been ordered and will be with u in less than seven days at no cost.

    so lets see if he's a good as his word.

    oh and i know this thread will end up in the wrong section so could a moderator please move as for some reason it will not allow me to start a new threadicon in barclaycard.

    Thanks

    Rob

    Similar Threads:
    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
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    Default Re: rob14973 v Barclaycard

    Consider that done Rob.

    Well done so far keep us posted !!

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  3. #3
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    Arrow Re: rob14973 v Barclaycard

    Hi Rob WELCOME,,
    Always send post Recorded (£1) or Special Delivery(£4.10) at least you can claim of post office if they lose it, and you can track it on PC to see when it arrives you can always claim it back in costs.
    Course if you did any of the above just ignore this.:o

    AL


  4. #4
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    Default Re: rob14973 v Barclaycard

    Hi

    Al thanks for the advice. I send everything recorded post anyway and will be claiming it back if we go to court.

    Cheers mate

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  5. #5
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    Default Re: rob14973 v Barclaycard

    Hi

    Quick update, still waiting for my statements after they had promised to send them 2 weeks ago. Phoned them up yesterday to find out where they are. During the conversation they managed to tell me their filing system does not come under the data protection act Subject access requesticon criteria. I reminded them that the abby national have the same filling system and the information commisioner had stated this being a relevent filling system. They replied well our is different to abbeys mmmmm . Well i left the conversation saying that you have 3 days to get my statements as i will report u and take u to court if i have to. Reply was eerrrrm ok we will get your statements to u within 5 days.

    So complaint gone to the information commisioner

    Just typed up my lbaicon

    rob

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  6. #6
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    Default Re: rob14973 v Barclaycard

    As im justing about to send my lbaicon, my statements from april 2001 have arrived. Very interesting barclaycard stated they only started charges in june 2001. On my april 2001 statement charge for £20 over limit fee. Lying twits

    Right question, do i continue to claim for the charges i have got already and then pursue pre april 2001 when i get the rest of my statements.

    rob

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

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    Unhappy Re: rob14973 v Barclaycard

    they nolonger will do this they now say you have to pay the £3 for each statment


  8. #8
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    Default Re: rob14973 v Barclaycard

    Ok been delayed with this claim! But a quick update i will be sending of my prelim tomorrow for charges and contractual interesticon £1960.

    Rob

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  9. #9
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    Default Re: rob14973 v Barclaycard

    Hi got a response to my prelim letter today saying the usuall bull that we are dealing with your complaint and we will get back to u before the 28th December we have enclosed a valued customer feedback leaflet lol.

    I will give em another 10 days before i send my lbaicon.

    Rob

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  10. #10
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    Default Re: rob14973 v Barclaycard

    Read this, the Information Commissioner have told Barclaycrud they are in breach of DPA and to comply with SARs and are encouraging those microfished to persue Barclaycrud for damages.

    I wonder if we should include this action in with our action to reclaim charges etc?

    http://www.consumeractiongroup.co.uk...hey-wrong.html


  11. #11
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    Default Re: rob14973 v Barclaycard

    Hi another update

    Received a letter yesterday offering £362 difference between the £12 (OFT recommendation NOT!) and the charges levied on my account.

    So lbaicon will go on Monday.

    I will not include the bank commissioner findings in my letters for this particular claim as i have all my statements. However i will use it when i ask for a full S.A.R.

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  12. #12
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    Default Re: rob14973 v Barclaycard

    Hi

    Update

    Had a response to my lbaicon today. I wont bother you with contents, as the details can be summed up in two words 'Feck off'.

    So im going to give them a quick phone callicon before i file with mcol.

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  13. #13
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    Default Re: rob14973 v Barclaycard

    Hi Rob, I am just about at the moneyclaim stage. Following your thread so please keep us up to date. Thank you


  14. #14
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    Default Re: rob14973 v Barclaycard

    Hi

    Made a phonecall to barclaycard which was a complete waste of time. They told me if i want them to settle the claim in full then i had to file a mcol.

    Funny!

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  15. #15
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    Default Re: rob14973 v Barclaycard

    Hi

    Been a bit delayed filing my mcol. But in the claims of particulars i am struggling what to write in the calculations paragraph. I am not claiming s.69 interesticon as im claiming interest on the charges and contractual interest on the whole amount daily with an apr 24.9%

    Any help would be appreciated

    rob

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  16. #16
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    Default Re: rob14973 v Barclaycard

    bump

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  17. #17
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    Default Re: rob14973 v Barclaycard

    If you are claiming contractual, it's recommeneded you file using N1 since there is unlimited space for your POCicon's which need to include:

    "The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xxxxx per day.

    The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdrafticon interest rate that would be applied under the terms of the above mentioned account.

    Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69........"



  18. #18
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    Default Re: rob14973 v Barclaycard

    Thanks for that mr browne

    HALIFAX
    12/09/06 Halifax settled in full £8500
    MBNA
    28/11/06 MBNA Settled in full £2300

    Capital one
    Putting together n1

  19. #19
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    Default Re: rob14973 v Barclaycard

    Hi Michael,

    Is it not to be worded "based on the Defendants Cash Advance Rate" and not the overdrafticon interest rate?

    I may be wrong.

    Tanz


  20. #20
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    Default Re: rob14973 v Barclaycard

    Is it not to be worded "based on the Defendants Cash Advance Rate" and not the overdrafticon interest rate?
    Good point, well spotted. Must pay more attention. Thanks.



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