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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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.

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  1. #1
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    Default Ropey v Barclays.**WON**

    Well, I got my MSE email this morning, that spurred me to finally sign up for the forums there which lead me to this trove of information.

    I work in the oil and gas industry offshore and I think that the fact of my absences for two weeks at a time offshore may prove to be a little bit of a problem later with regard to court dates etc. We shall see.

    As I couldn't be bothered to wait until next week before sending off my SARicon, i'ved just phoned Barclaysicon with it, they charged me £5 and promised it will be with me in a couple of working days. That'll make for a good bit of light reading on my first weekend home

    It's a shame I didn't wake up to this sooner as I've had some shocking years past for charges (1997 was a doozy). The £5 was taken straight from my account and with a little luck will be the last they ever take from me.

    Bring on the wolves.

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  2. #2
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  3. #3
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    Default Re: Ropey v Barclays.

    This may well be a very stupid question but...

    We all know that Barclaysicon are going to dither, obfuscate and ignore all letters. They only seem to respond to a court date, is there a good reason for not giving it to them?

    i.e. Instead of Prelim letter saying 'You owe me this much'
    Followed by their response: 'Get lost'

    Followed by 'No, you really owe me this much (x), I'll take you to court if you don't pay me.'
    To which they reply 'No we don't, we will however give you, out of the goodness of our hearts (x/4) to go away and leave us alone.'

    So we pay the court some money and Barclays tell us we are fools and they'll destroy us in court...Until the day of hearing when they say 'Okay, here's your money plus interesticon, plus fees, not that we owe you any. Now don't tell anyone'.

    What I'm asking in my illogical way is: Why bother with the letter writing stage?


  4. #4
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    Default Re: Ropey v Barclays.

    Never mind, it obviously falls under the concept of reasonable andwill upset the court no end if I behave in a rash and hasty manner. Aren't FAQs great?


  5. #5
    Mumofthreeboys
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    Default Re: Ropey v Barclays.

    You need to be able to show the courts that you have given the bank an opportunity to repay, which is generally accepted as being 28 days - 14 for preliminary letter and 14 for lbaicon.


  6. #6
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    Default Re: Ropey v Barclays.

    Hi Ropey
    Thanks for your congrats (Unicorn v Barclaycard). This one took a while and was right on the line. Did the usual. Prelim letter, lbaicon letter. They offered me £84 which was 3/4 less than i was asking, saying this would be the £12 OFT had declared was reasonable. I told them to get stuffed and proceeded through Aberdeen Sheriff Court at Castlegate. Known very well there now as have been in quite a few times with all my other claims lol. My return date was yesterday, but had letter from Barclaycard solicitors on Wednesday to say they would pay up. Obviously, as always, they were not in the wrong and said my claim lacked merit and would fail !!!Unfortunately they made a big mistake. They paid me £84 into my Barclaycard account without telling me and the accounts been closed and cards cut up since May 2006 !!!!! Phoned the solicitors and eventually got it all soretd out and they agreed to send me a cheque for the full amount once i'd faxed the copy letter they'd sent and a copy of the letter i would send to the court saying i'd stop any proceedings. I also scored out on the copy letter that i would not sign any confidentiality agreement either and changed all their figures to the correct ones. Nightmare !!. Bloke at solicitors office had very posh london accent and was trying to be a wee but clever, but as soon as he realised i knew what i was talking about and that i would not be bullied or fobbed off, he soon changed his tune. So hopefully should receive a cheque in next few days. take it your in Aberdeen as well ?

    :grin: WON
    GOLDFISH £291.90
    MARBLES £174.47
    RBOS VISA £232.19
    AMEX (BLUE) £148.40
    BARCLAYCARD £251.31
    AMEX (BA) £151.50
    RBOS M/C £222.00
    RBOS (MY ACC) £430.00
    BARCLAYS £505.00
    MBNA £250.00
    RBOS (JOINT) £2975.00
    :grin:

  7. #7
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    Default Re: Ropey v Barclays.

    Thanks for the reply and encouragement Unicorn, I am in Aberdeen but I'm toying with the idea of taking Barclaysicon to court in England, it depends on the numbers involved.

    It's nice to see that they aren't taking every case as far as possible. I have a (not so) secret dread that I'll be offshore on some important court date and Barclays will try for a judgement. Still, it seems the courts are willing to grant a little time and I'm sure Aberdeen have heard that as a reason for being unable to attend more than once.


  8. #8
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    Default Re: Ropey v Barclays.

    Would that mean if you had to turn up to defend you would have to go to the uk. I'm not sure how the uk system works. Have heard of this mcol which is online, but i dont anything about it.

    :grin: WON
    GOLDFISH £291.90
    MARBLES £174.47
    RBOS VISA £232.19
    AMEX (BLUE) £148.40
    BARCLAYCARD £251.31
    AMEX (BA) £151.50
    RBOS M/C £222.00
    RBOS (MY ACC) £430.00
    BARCLAYS £505.00
    MBNA £250.00
    RBOS (JOINT) £2975.00
    :grin:

  9. #9
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    Default Re: Ropey v Barclays.

    It would. The likelihood of actually going to court seems smaller in England though. I'll enjoy a few days with my dad in any case.

    It all depends on the contents of my statements.

    (oh and by the way, WE are in the UK too )


  10. #10
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    Default Re: Ropey v Barclays.

    lol i keep doing that !!!! keeping thinking uk is england since i've been in scotland lol

    :grin: WON
    GOLDFISH £291.90
    MARBLES £174.47
    RBOS VISA £232.19
    AMEX (BLUE) £148.40
    BARCLAYCARD £251.31
    AMEX (BA) £151.50
    RBOS M/C £222.00
    RBOS (MY ACC) £430.00
    BARCLAYS £505.00
    MBNA £250.00
    RBOS (JOINT) £2975.00
    :grin:

  11. #11
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    Default Re: Ropey v Barclays.

    Well, I got home and there were two fat envelopes waiting. Not the most user friendly format but Barclaysicon do provide a very useful indicator of where the charges are.

    A couple of hours later, it looks like they owe me £575 so it looks like I won't need to travel to England. Aberdeen Sherrifs court here I come. (once the charade of letter, refusal, 'nother letter 'nother refusal has all been played out)

    I seem to be contagious, quite a few banks will be getting less money over the coming months as my family, friends and workmates give them a bit of a doing.


  12. #12
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    Default Re: Ropey v Barclays.

    Best of luck.






    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.

  13. #13
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    Default Re: Ropey v Barclays.

    Just printed up the Prelim letter and Charges schedule, I'll pop them in to the branch tomorrow.

    I took out the 'shocked and dismayed' paragraph to streamline it a little:

    Quote Originally Posted by Prelim Letter
    ADDRESSES

    Dear Sir/Madam,

    ACCOUNT NUMBER: XXXXXXXX


    My request
    I am writing to ask you to refund to me the charges which have been levied from my account over the last 5 years.
    I now understand that the regime of fees which you have been applying to my account in relation to direct debiticon refusals, exceeding overdrafticon limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdownicon of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

    Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

    Your responsibilities
    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

    Your concealment of the true nature of your charges has prevented me from asserting my right until now.

    What I require
    I calculate that you have taken £575. I enclose a schedule of the charges which I am claiming with this letter

    My targets to resolve this matter
    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

    I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

    If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before actionicon giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

    After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.




    Yours faithfully,



  14. #14
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    Default Re: Ropey v Barclays.

    Handed in today and addressed to the Leicester address. It's weird, I got some butterflies while handing it over the counter.

    Off and running then.


  15. #15
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    Default Re: Ropey v Barclays.

    Good luck Ropey, I look forward to reading your triumphs over the coming weeks

    My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.
    READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

    My active claims:
    Owed £150 from Barclays.
    Husbands claims:
    Owed £1049 from Lloyds.

    Glorious Victories!:
    Barclays Joint Account- Settled £823.
    HSBC Joint account-Settled £50.
    Studio- Settled £80.
    HSBC Student account- Settled £560.
    Lloyds Credit Card- Settled £72.
    Freemans- Settled £40.
    Abbey Joint Account- Settled £330.
    Waiting till all claims settled then Donation-A-Rama.

  16. #16
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    Default Re: Ropey v Barclays.

    Got back my 'We're looking into it' acknowledgment letter. December 18th til they get back to me. I don't think so.

    Still, it's probably the first letter I've ever had, from Barclaysicon, signed by a real person.


  17. #17
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    Default Re: Ropey v Barclays.

    A quick update, I received my partial offer letter while I was away in London this week. £290 offered, I'll get the thanks but no thanks letter sent off tomorrow.


  18. #18
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    Default Re: Ropey v Barclays.

    A question, if anyone could help.

    I was away in London last week and got a partial offer letter, today is my lbaicon day. Is it worth acknowledging the partial offer in the LBA or should I just ignore it and send off a standard LBA?

    All advice gratefully accepted.


  19. #19
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    Default Re: Ropey v Barclays.

    You can amend the lbaicon but many have been putting a copy of the rejection letter in with the LBA. either way, they've then been told.

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  20. #20
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    Default Re: Ropey v Barclays.

    Good Morning all,

    Good Luck with your claim, Ropey. However by the look of the threads ive been reading "you won't even need it"

    I sent off my preliminary letter to First Direct (HSBCicon)on Friday...will let u know how i get on!



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