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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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.

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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.

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 OdaPacket v Barclaycard

    Hi all.Time i got round to starting my own thread.

    Sent my Subject Action Request to Barclaycard two weeks ago on 16/10/06.

    As i am claiming for a Barclay current account and a Barclaycard , i sent the request to ;
    Barclaysicon Data Protection
    Radbroke Hall
    Knutsford
    Cheshire
    WA16 9EU
    I know this is the address for Barclay accounts,but they fowarded it internally and i received a confirmation of request letter a few days later dated 18/10/06 along with my statements back to May 04 and the standard "sorry due to microfiche we cannot go back any further "

    I replied to this on 21/10/06 with a reminder of their obligation to comply with my S.A.R and the arguement of microfiche being a relevant and accessible filing system.

    Their return letter dated 25/10/06 was much the same as the first,backing their original microfiche arguement and opposing my views.They go on to say they are unable to disclose any further statements under the Data Protetion Act but will let me have copy statements at a charge of £3 each.!

    Question

    Should i send a complaint ,estimate my remaining charges or wait until the 40 day deadline passes ?

    All advice welcome

    Will keep you all updated Thanks Oda


    Similar Threads:


    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  2. #2
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    Default Re: OdaPacket v Barclaycard

    Sent my prelim today for £1,701.28 , £545.72 of that being contractual interesticon using the goldcard cash advance rate (my card) of 18.9%,which, as a gesture of good willicon , i reduced to 18%.Sent by registered post.I estimated the charges from July 2001 to May 2004.Dealing with Carl Nuttall.



    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  3. #3
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    Question Re: OdaPacket v Barclaycard

    Hi All.Does anyone know how i work out the daily interesticon on my contractual claim ? I know the formula (claim x 0.00022 )

    Is this correct only for an 8% interest claim?

    I am claiming contractual interest at 18% if that helps but i am stuck on this little query before i send my L.B.A.

    Please help.Read so many posts my eyes have gone square



    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  4. #4
    bong
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    Default Re: OdaPacket v Barclaycard

    Hi there,

    the formula {claim x 0.00022} is for 8% simple interesticon.

    Technically you can't put in a correct daily rate for compounded interest because it increases each day. What you could do is taking your spreadsheet, see how much interest is owing at todays date, then change the date of the spreadsheet to tomorrow's date and the difference will be one day's interest. If you use that figure be aware that over the course of several days you will be claiming less than the spreadsheet is calculating but the difference won't be much and the bank would only have cause for complaint if you were claiming a higher figure, not lower. I hope that makes sense.

    There is another way of doing it, and that is not to state the daily amount, but to state "compound interest at the same rate up to the date of settlement." You will then provide the total when you are nearing settlement. This is the method I have chosen.


  5. #5
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    Question Re: OdaPacket v Barclaycard

    Thanks Bong.

    My claim is contractual but not compounded .As far as i'm aware this makes a difference as to how the interesticon is calculated.Is that right ?

    I assumed the interest is constant rather than continually increasing ? Therefore calculable ?

    Thanks for helping



    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  6. #6
    bong
    Guest

    Default Re: OdaPacket v Barclaycard

    As far as I know, contractual interesticon would be compounded because that is the method used by the banks, and we are applying the same method to our claims. What makes you think the interest you have calculated is simple? If you are right, then to find out the daily rate at 18% you would multiply your total claim (excluding contractual interest) by 0.00049 (18 divided by 100 divided by 365)

    By the way, you don't need to notify me when you make a reply to this thread, once I have made a post in it I am automatically subscribed (unless I opt out of that in my personal settings) and get automatic notifications of all subsequent posts.


  7. #7
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    Question Re: OdaPacket v Barclaycard

    The reason i assumed there was a difference between the two was because when i visited vamps chambers,in the simple section, there is option 1...Throughout claim with contractual interesticon and option 2...Throughout claim with compounded contractual interest.

    Am i wrong in my interpretation Bong ? If so i am going to have to make changes on my claim .

    Slightly worried now as i have sent off my letter before actionicon and my calculations may well be wrong !!! Oooooer



    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  8. #8
    bong
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    Default Re: OdaPacket v Barclaycard

    I wouldn't worry then OP, from the description of the spreadsheets you are doing fine. I don't have experience of Vamps google spreadsheets - so just ignore me. The calculation I gave before still stands though.


  9. #9
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    Question Re: OdaPacket v Barclaycard

    Hi All

    I am now at the court action stage and have a couple of questions i need help with.

    Barclaycard made me a settlement offer of £200 that i politely refused but assured them i would accept as partial settlement.They replied that this was unacceptable and would not budge from their £200 offer ,then credited my account with £200 anyway.

    My account limit is £2,250.The £200 they credited brought my balance down to £2,358.

    With my claim being for £1,701.28 ,am i within my rights to ask for the refunded charges by personal cheque minus enough to bring my account back out of the red ? or do they have the right to knock the entire amount off my balance ?

    I would like to think that as it is my money,it would be my choice,once my account is brought back within their terms and conditionsicon,as to how i spend it ?

    Secondly...with my claim being for contractual interesticon,is there a tried and tested paragraph to include in my particulars of claim to explain this.I have searched but the results are few and far between regarding contractual rather than compounded contractual interest.

    I am assuming after visiting vamps chambers that there is a difference although, as i read more threads ,opinions seem to differ and i note some confusion.

    Lastly ...can anyone give me an idiot proof explanation as to how i place a link on a post i make to someone directing them back to one of my posts or threads ?

    I'm sure its quite simple but i still don't know how ????

    Any help with any of the above is gratefully received.

    Thanks very much ..Oda



    Yorkshire Bank:S.A.R sent 16/10/06;Confirmation 10/11/06, ;Statements received in full 14/11/06;Prelim sent 21/11/06 for £3,643.;22/11/06 prelim aknowledged,repayment refused.Claim flled

    Yorkshire Bank Visa:S.A.R sent 16/10/06;Confirmation 10/11/06 as above.;S.A.R. reminder sent 15/11/06

    Barclays Bank:S.A.R sent 16/10/06 ;Statements received in full 28/10/06 ;Prelim sent 04/11/06 for £1,350; 06/11/06 confirmation of prelim ,investigating claim.;L.B.A sent 24/11/06,Claim filed

    Barclaycard:S.A.R sent 16/10/06 ;Partial statements received 18/10/06 back to 01/05/04.Sent reminder letter 21/10/06.Received second fob off letter 25/10/06;Estimated missing statements/sent prelim for £1,701.28 14/11/06 (contractual interest)LBA sent

    Halifax: ; S.A.R sent 16/10/06;Reminder sent 15/11/06;Statements received in full 20/22/06;



  10. #10
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    TANZARELLI Highly informative TANZARELLI Highly informative TANZARELLI Highly informative TANZARELLI Highly informative TANZARELLI Highly informative TANZARELLI Highly informative

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    Default Re: OdaPacket v Barclaycard

    Quote Originally Posted by OdaPacket View Post
    Hi All

    I am now at the court action stage and have a couple of questions i need help with.

    Barclaycard made me a settlement offer of £200 that i politely refused but assured them i would accept as partial settlement.They replied that this was unacceptable and would not budge from their £200 offer ,then credited my account with £200 anyway.

    My account limit is £2,250.The £200 they credited brought my balance down to £2,358.

    With my claim being for £1,701.28 ,am i within my rights to ask for the refunded charges by personal cheque minus enough to bring my account back out of the red ? or do they have the right to knock the entire amount off my balance ? (I would say yes)

    I would like to think that as it is my money,it would be my choice,once my account is brought back within their terms and conditionsicon,as to how i spend it ? (I agree)

    Secondly...with my claim being for contractual interesticon,is there a tried and tested paragraph to include in my particulars of claim to explain this.I have searched but the results are few and far between regarding contractual rather than compounded contractual interest. (This is not something I can help you with, i suggest reading Bill-K thread)

    I am assuming after visiting vamps chambers that there is a difference although, as i read more threads ,opinions seem to differ and i note some confusion.

    Lastly ...can anyone give me an idiot proof explanation as to how i place a link on a post i make to someone directing them back to one of my posts or threads ? (if you go to the top of the forum tool bar and click on to "Qick Links" then click "Subscribed Threads" this will list all threads you have posted or started, simply right click on the thread you want then click copy shortcut, then go to the thread/reply where you want to place your link right click again and click paste, your link will appear in blue)

    I'm sure its quite simple but i still don't know how ????

    Any help with any of the above is gratefully received.

    Thanks very much ..Oda
    Hope that helps

    Tanzarelli



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