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.
I had a Barclaycard (Connect) until the account was closed in August 1999 and I was defaulted for £578 because, as I now learn, of excessive penalty charges and interest.
Barclays eventually took me to court for £595 on 30/3/200. This figure rose to £770.79 (including court costs), plus ending up with a CCJ. The repayments at that time were more than I could afford and on application to the court via a Variation order I had the payment reduced to a £1 per month. Then in the end, Nov 2005 I decide to clear the debt and paid off the remaining balance.
Since discovering this site, which I think is fabulous for the little guy for fighting back I have learned of the way these institutions have treated us, the customer, is astounding beyond belief and I am determined to turn the tables on them if possible and get my dosh back.
I am considering a Data Protection Act to Barclaycard as the first step in getting my money back but I am a little concerned about the time factor since the original default goes beyond the six year limit. Am I therefore too late? Or should I go ahead anyway and hope they don’t notice?
There is I believe grounds for getting your dosh back based upon the statute of limitations
sect 32 limitations act.
32.--
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....
(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).
Victory over Lloyds PPI claim £2606 click! 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
Barclaycardblues
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The repayments at that time were more than I could afford and on application to the court via a Variation order I had the payment reduced to a £1 per month. Then in the end, Nov 2005 I decide to clear the debt and paid off the remaining balance.
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