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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    Default Can They issue a CCJ ?

    I am in progress of reclaiming my charges, to this end I have £231 outstanding on my account, which I told them I would pay when the dispute was resolved. They ignored all my letters, they Terminated my account whilst the claim is in progress, and only gave 14 days notice not 30 as it says on their terms & conditions. What's more they are now threatening me with legal action, debt collectoricon and county courticon Judgements - they have completely ignored the last few letters I have sent.

    can they do this?

    sharpblue v Barclaysicon

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  2. #2
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    Default Re: Can They issue a CCJ ?

    Hiys sharp.

    They can threaten but only a judge can award a CCJ. You Should get notifiation from the court when a hearing for the CCJ is about to be heard then you can present a case to state you dispute the amount owed (ie you are counter claiming aginst them).

    However quiet often you may not get the paper work and the CCj is given in your absence - if that happens you will have to have a hearing to have the CCJ set asideicon. You will have a good case Ie :- 1)you didnt have offical notiifcation and 2) the amount in questionis in dispute.

    However I feel that this is just a scaring letter sent by the banks to frighten you and stop you from pursueing your rightful money!!!!

    Its ok I had one from Natwesticon debt collectoricon informing me thatI could go to prison (Lies all Lies), I think they are assuming we do not know our rights!!!!

    I think if you have notified the bank and sent your letter recorded delivery and they are still not listening you can send them a copy of this letter see if that helps.

    http://www.consumeractiongroup.co.uk...ction-act.html

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  3. #3
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    Default Re: Can They issue a CCJ ?

    Surely you have told them the account is in disputeicon and so as per 13.6 of the Banking Codeicon they should wait for the dispute to be resolved.

    If they do issue a court summons, enter a counter claim for the amount of the charges, plus interesticon


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    Default Re: Can They issue a CCJ ?

    Hi,
    If they do CC you defend and counterclaim.


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    Default Re: Can They issue a CCJ ?

    oh, they know alright - but this is Barclaysicon ********s we are talking about, from what I see on this forum they are the worst bank of them all to get anything done. True my account is in arrears by £231 measily quid, they tell me that this is a separate issue to my claim, but i have always stated that I will pay this amount in respect of my dispute being resolved. They chose to ignore this.

    Other advice on this forum states to make them an offer but I don't know!


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    Default Re: Can They issue a CCJ ?

    Is there any way you can pay £32 off the debt, as I understand that ccj's
    cannot be applied to sums below £200. Check that out first as I cannot now
    find the site on which that was stated. Or perhaps someone else can confirm?


  7. #7
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    Default Re: Can They issue a CCJ ?

    Well I sort of crumbled and offered £40 pcm for now, well I am going to have to pay it anyway. Interestingly enough the chap I spoke to at Barclay's noticed I had a claim for charges going through and said I could if I wish pay the remainder off when I get my money.



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