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.
Just as a note: Barclaycard are well known for cashing the DPA cheque onto your Barclaycard balance instead of using it for the DPA request. Id check your balance to see if theyve done this.
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
Statements back to May 2004 arrived on Saturday. Usual letter about the microfishe. There was also a very large computer printout regarding the complete account history. It is a bit confusing but interesting. Hidden on one of the pages it states the number of missed payments and the number of times over the limit during the account history.
My first approach for payment will be based on this number X by £20
I will also continue with the SAR for the missing years and add that to the summons if they do not comply
Roger, where on the printout were the hidden details about late payments & overlimit charges etc? I can't find anything like that on the printout they sent my son. What was the heading on the section sheet?
I had two sets of prfintouts one for each of my sons.
On one of them it is on the bottom of page four under heading Cardholder / account details
It has a sub heading Months overlimit and then a number
Then just underneath about 3 lines further down it has number of times one payment missed
On the second sons printout it has the same info about Months overlimit and missed payments but in missed payments it has 0 having looked at ther statements I have he has deffinately missed some payments so I havnt worked out why it says 0.
I havnt had a great deal of time to study it in detail which I will do tomorrow and try and make some sense of it.
Ill let you know if I can deciphere it in more detail
Thanks Roger. I KNOW my son was overlimit and late with payment many many times so I think I may have to follow Bookworm's route and make something up to try and force their hand!
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
Just to let you know, i have started a claim against Barclaycard (~i have my own thread), they refused to send all statements and i have therefore started a claim against them for estimated interest and included in my claim that Barclaycard failed to send all information under the DPA request.
Its now up to them to correct the amount/provide the statements, so hopefully i would of forced them to send the statements or to confirm the actual charge amounts. Am sure you could do the same.
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
lba sent to barclaycard 13.7.06. Only covers charges from May 2004 560GBP. When they have kindly returned these charges I will use some of the money to pay for the pre 2004 statements. Make another claim and include the 3quid per statement as costs.
This seems the least troublesome route and it can all be done via MCOL. Potentially I could lose about 100 GBP getting the statements but Im about 2 grand up at the moment and feeling lucky.
Barclay cards only response to the lba was a default letter received today.
MCOL completed for just short of 600 Quid. This only covers from May 2004. I expect at least that again when This is won and I pay for the remainder of statements
Letter to Barclay card reminding them of S13 / 6 of Banking Code re defaulting accounts in dispute
Getting a letter a day from Barclaycard at the moment. Several apologising about the delay in dealing with my complaint about threatening to default an account in dispute. I can bearly be bothered to open them they contain so much rubbish.
They have very kindly credited the account with 260.00 without any mention of it being in settlement just being the difference between 12.00 and 20.00
They gave me no choice of accepting it or not just credited the account.
I think I will write to the court stating the claim has been part settled but the case for the rest goes on.
Re the microfishe issue. I will write to Barclaycard and remind them that in light of the decision re Abbeys microfishe best they coff up with the missing 2 years ASAP.
I've also gone down this route, I only sent the Preliminary letter last week, L.B.A due to be sent on 27th October.
Originally Posted by johnfower
Just to let you know, i have started a claim against Barclaycard (~i have my own thread), they refused to send all statements and i have therefore started a claim against them for estimated interest and included in my claim that Barclaycard failed to send all information under the Data Protection Act request.
Its now up to them to correct the amount/provide the statements, so hopefully i would of forced them to send the statements or to confirm the actual charge amounts. Am sure you could do the same.
Having been refunded the charges since may 2004 I wrote to Barclaycard requesting statements pre May 2004.
They claimed that they are correct and the IC is wrong but supplied them in any case. They also stated that they wouldnt communicate anymore with me regarding this matter.
nice of them.
Ive worked out they owe another 120.00. IAP will be going out Monday
I decided to spend a bit of time calulating exactly the interest they had charged on these older charges. Took about 2 hours and a calculater but managed to come out with a figure of about £350.
Dpa sent 24.4 Barclaycard
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Originally Posted by johnfower