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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    Cool sezj127 V Barclaycard ***WON***

    Hi all, I have just sent my SARicon off to Barclaycard today, 17/11/2006. I have noticed that there have been problems with getting all info back so the countdown begins to see a) when I get my statements and b) how many I get. My account was opened in May 2002 so i may have to pay for some if they wont cover them all with my enclosed £10.

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  2. #2
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    Smile SAR sent and delivered

    '17/11/2006 Sent SARicon by recorded delivery. Was delivered from KNUTSFORD Delivery Office on 20/11/06'. Again the same as with my Halifaxicon cc i will play the waiting game to recieve my statements. The 40 days will be up on the 30th December, so it will be a new year and a new claim....heehehe. Will keep you all posted here.


  3. #3
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    Question Re: sezj127 V Barclaycard

    WOW!! That was quick. I received my statements albeit only dating back till May 2004(...blah, blah, blah microfiche) in what i think is record time as SARicon was only delivered on 20th. Have worked out £240 worth of charges since then. Now, not too sure whether to write and complain because they wont meet with the 40 days or to do my claim in 2parts as i cannot afford to pay the £3 per statement for 2years worth. (yet ) If i do the claim in 2parts surely i can do from May2004-present and then a second claim for pre-May2004??


  4. #4
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    Smile Re: sezj127 V Barclaycard

    Ok have sent my Prelim off. Am going to do the claim in 2parts so the first one went off today recorded for £240

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  5. #5
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    Default Re: sezj127 V Barclaycard

    Barclaycard have been told that the Microfiche filing system is a relevent one, so they do have to supply you with all information requested under your S.A.R request. I had the same problem as you and have now just sent them a letter requesting that they comply with my DPA (SARicon) letter and compensate me for all the trouble.!

    Cap One (me)
    Data Protection Act sent 15/08
    Prem letter sent 23/09 £800
    Partial offer £312
    LBA sent 04/10
    File at court 27/11
    /B/C (me)
    Data Protection Act sent 18/08
    Account pre may 04 ordered statements
    11/09

    B/C (old mans)
    Data Protection Act sent 18/08
    missing statement letter 29/08
    Prem letter sent 26/9 £500 + £1172.00 Est

    Nat West (joint)
    DPA letter sent 28/07
    LBA non-compliance letter 11/09

  6. #6
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    Smile Re: sezj127 V Barclaycard

    Thakns for that...But has this now been ruled by the budsman/oft?? I know it happened with Abbeyicon just wasnt sure if Barclaycard have had the same ruling?? I will send them another little letter to nudge them on and add into my 2nd letter the extra charges. Thanks for that!!

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  7. #7
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    Default Re: sezj127 V Barclaycard

    I have just got off the phone with Barclaycard and it seems that they will now send ALL statements requested regardless of the micro-fishe. So they are sending the rest of my statements out.

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  8. #8
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    Default Re: sezj127 V Barclaycard

    Wow. Just went to look at my statement online and Barclaycard have given me a refund of £120 straight into my account. Gave them a ring as i hadnt recieved anything in the post about this and they said they are automatically refunding around half the requested amounts of charges at the minute. So half way there. I also asked if my other statements have been posted yet and she has said yes, but it may take up to a month to recieve them. So i shall sit twiddling my thumbs til they arrive before i continue. Think that i might send my lbaicon in the meantime though for the other £120 that i know of and add any extra in before i file the N1.

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  9. #9
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    Default Re: sezj127 V Barclaycard

    Im still waiting for mine. Cannot get my head around the bit that says that your statements are in the post, but take up to 1 month for them to be delivered? Is there a postal strike on! or is she talking c**p. Still, at least you have received some of your charges back.

    Cap One (me)
    Data Protection Act sent 15/08
    Prem letter sent 23/09 £800
    Partial offer £312
    LBA sent 04/10
    File at court 27/11
    /B/C (me)
    Data Protection Act sent 18/08
    Account pre may 04 ordered statements
    11/09

    B/C (old mans)
    Data Protection Act sent 18/08
    missing statement letter 29/08
    Prem letter sent 26/9 £500 + £1172.00 Est

    Nat West (joint)
    DPA letter sent 28/07
    LBA non-compliance letter 11/09

  10. #10
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    Default Re: sezj127 V Barclaycard

    N1 filed today for £311.

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  11. #11
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    Default Re: sezj127 V Barclaycard

    Ok they had till today to acknowledge the claim and guess what they have....so they now have till 28th feb to defend. Has anyone else been getting problems with Barclaycard stalling??

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  12. #12
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    Default Re: sezj127 V Barclaycard

    Ok my aqicon has arrived and needs to be returned by the 19thMarch. Im using the new method with the AQ by the way. Just one quick question. The rest of my statements have arrived since i filed the claim with the court. Will i be able to add these on my schedule of charges and add into the AQ or will i now have to file a seperate claim for these? Oh also has anyone got contact details ie, phone numbers/e-mail addies for their legal team (Legal and Compliance)?

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  13. #13
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    Default Re: sezj127 V Barclaycard

    aqicon was filed at court on Mon 19th March. Wonder how long it will take to get them to pay up?

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  14. #14
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    Default Re: sezj127 V Barclaycard

    It shouldnt take long now, can anyone who has won their claim let sezj127 know how long it takes, Im not that advanced with barclaycard still doing business with cap 1

    Cap One (me)
    Data Protection Act sent 15/08
    Prem letter sent 23/09 £800
    Partial offer £312
    LBA sent 04/10
    File at court 27/11
    /B/C (me)
    Data Protection Act sent 18/08
    Account pre may 04 ordered statements
    11/09

    B/C (old mans)
    Data Protection Act sent 18/08
    missing statement letter 29/08
    Prem letter sent 26/9 £500 + £1172.00 Est

    Nat West (joint)
    DPA letter sent 28/07
    LBA non-compliance letter 11/09

  15. #15
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    Question Re: sezj127 V Barclaycard

    Ok this has arrived this morning......

    Before DISTRICT JUDGE GREEN sitting at Medway county courticon.
    Upon the courts ouw motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7days of recieving it.
    IT IS ORDERED THAT:
    1, The Claimant be permitted to substitue ''Barclaysicon Bank t/a Barclay card'' as defendant in place of ''Barclays''. Filing and service of amended pleadings dispensed with.
    2, Claim allocated to the Small Claims Track.
    3, Claim to be listed for hearing on the first open date after 6 weeks, time estimate 2hours.
    4. Standard Small Claims Track directions.
    Dated 26 March 2007

    Ok so on that note....HELP!!!! I take it with 4, that they have rejected my directions i had asked for. I cant seem to understand why they have listed at 3, hearing time of 2hours as everyone else seems to be kept short and sweet. 2, is self explanitory as it has allowed it to go in the small claims track. But not too sure on order 1. I think its just a standard name change but dont quite understand what they are 'dispensed' with?
    I also cant remember what i need to start printing out now as i had hoped it wouldnt go this far. :-? :-?

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  16. #16
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    Default Re: sezj127 V Barclaycard

    Shame they ignored the draft, but not a disater. The end result will be exactly the same.

    1) means Barclaysicon have changed the name of the defendant on the claim form, lord knows why - perhaps they got their credit cards and current accounts mixed up? Who knows. "Filing and service of amended pleadings dispensed with" just means that there's no need to submit a new POCicon or defence.
    2) Obvious
    3) Nothing to worry about, usual sort of timescale
    4) Standard SCT directions are these -
    Each party must file and serve copies of all documents on which that party intends to rely at the hearing, no later than fourteen days before the hearing.

    The original documents must be brought to the hearing
    See this thread - http://www.consumeractiongroup.co.uk...ate-guide.html

    Please remember to DONATE! Help CAG keep up the fight!


    Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

  17. #17
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    Default Re: sezj127 V Barclaycard

    Ok so a date was set for the 22nd May (yes i know its gone) but recieved a letter on 8th May offering full settlement so applied for a postponment from the court until funds are in account otherwise will get a new court date. Nearly there now!!!

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  18. #18
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    Default Re: sezj127 V Barclaycard

    All paid into account now....my final charges recovered!!! Feel quite sad bout it really....but sure i can help others out!!!

    Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

    Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.
    £120 part payment recieved 09/01/2007.
    LBA sent 10/01/2007.
    N1 filed 29/01/2007.
    AQ filed 19/03/2007.
    Letter for offer in full 8/05/2007.
    Settled 05/06/2007 £433

    Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.
    Prelim sent 29/01/2007 £407 owed.
    N1 filed 19/03/2007.
    Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

    Hubby:
    HSBC: Prelim sent 27/11/2006,
    LBA sent 12/12/2006 £3231 owed.
    N1 filed.
    Defence filed 14/2/2007.
    AQ filed 5/3/2007. Settled 16/03/2007 £4238.15
    Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

  19. #19
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    Default Re: sezj127 V Barclaycard

    Congratulations sezj127!!!

    Go and spend that long awaited money



  20. #20
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    Talking Re: sezj127 V Barclaycard ***WON***

    :grin: CONGRATULATIONS!



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