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)


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  1. #1
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    verdant Novitiate

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    Default Christmas cheer. Not from Barclaycard.

    I've just been to hire a car I reserved weeks ago so that I can get up to my parents for Christmas. Earlier this week I paid off my Barclaycard in full so that I could use it to pay for the hire. I was rather shocked when my card was refused. Barclaycard had reduced my limit on 22nd of December, despite a good history of paying. I had checked my account online yesterday and it wasn't showing a reduction in the credit limit.

    I had phoned them up last week and asked for a refund of an overlimit charge that they had applied because the interesticon had taken me over my credit limit. I can only assume there is no coincidence.

    A deliberate attempt to try and make Christmas difficult.

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    • #2
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      Default Re: Christmas cheer. Not from Barclaycard.

      Hi Verdant
      How terrible that they should do this and especially at this time of year. I personally do not know what you can do, but it sure does not sound right to me.
      I do hope that someone on this site can give you some useful advice.
      Regards
      DS


    • #3
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      Default Re: Christmas cheer. Not from Barclaycard.

      Yes, I was fortunate that I had other means of paying but they didn't know that. As far as I can tell, the decision was a cynical one by Barclaycard to try and cause difficulties at Christmas.

      I don't believe I've missed a payment on the account so I can't see why they would feel the need to take this action other than my request to have a charge refunded. I have been charged on other occasions as well, always for going slightly over my credit limit.

      I've printed out my Subject access requesticon letter and I will be sending it on Wednesday.


    • #4
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      Default Re: Christmas cheer. Not from Barclaycard.

      Good plan. You might as well get them all refunded. They are an arrogant lot. Sounds to me like they thought "well if thats how they want to play it we'll p*ss um off"

      Have a good Christmas anyway.


    • #5
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      Default Re: Christmas cheer. Not from Barclaycard.

      I though they have to give you 30 days notice of any change?


    • #6
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      Default Re: Christmas cheer. Not from Barclaycard.

      I don't have a copy of the Ts&Cs so I can't check how much notice they have to give. I do know that I checked my available credit yesterday (Friday) and there was plenty then my card was declined today. They had literally applied the change overnight without any prior warning.


    • #7
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      Default Re: Christmas cheer. Not from Barclaycard.

      Im pretty damn sure they need to give 30 days notice under the Banking Codeicon.


    • #8
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      Default Re: Christmas cheer. Not from Barclaycard.

      I'll see if I can find anything about this on the net


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      Default Re: Christmas cheer. Not from Barclaycard.

      Hi verdant/noomill060 etc!

      Quote Originally Posted by verdant View Post
      I don't have a copy of the Ts&Cs so I can't check how much notice they have to give...They had literally applied the change overnight without any prior warning.
      For what it's worth, Barclaycard slashed my credit limit by £700 on one of my cards just last month.
      ...Immediately putting me OVER my limit!

      I got the letter informing me of the reduction, a week AFTER accidently noticing it online, and then complaining via a helpful little soul, reading a set script off a card, somewhere in the Sub-Continent!

      They must have been upset that I haven't had to make an unlawful charge payment to them for a couple of months?!...

      Have been waiting until the microfiche situation was sorted before re-claiming.
      ...This NOW seems to be the case and I'll be dealing with them early in the new year!

      Bon Noel tout le monde!...


    • #10
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      Default Re: Christmas cheer. Not from Barclaycard.

      Happened to me too - rather bizarely the day after I closed my account!!

      It seems that if you have had a poor credit history with them or other parts of the barclaycard part of Barclaysicon, then as soon as you pay your account off in full they slash your limit.

      I had £3750 limit, paid it off and closed the account.
      The next day they wrote what was clearly a completely computer generated letter reducing my limit down to £278!!

      As they decided to write to me, I have replied and enclosed my S.A.R.!

      Merry xmas all


    • #11
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      Default Re: Christmas cheer. Not from Barclaycard.

      I received a letter from Barclaycard yesterday telling me that they weren't going to fulfil my Subject access requesticon within the 40 day limit (I think they have actually already breached the 40 days but I've recently moved house and haven't unpacked all my paperwork yet, so I can't verify it against the recorded delivery receipt).

      Dear Verdant,

      Barclaycard Services
      Account number: xxxx xxxx xxxx xxxx

      Data Protection Act 1998 - Subject access requesticon

      Further to your request for copy statements, we are writing to inform you that the 40 day legal time limit for supplying this information is about to expire.

      The reason for the delay in our providing this information is the very large number of identical requests that we have received, all of which we are obliged to respond to within the same timescale.

      We have made the Information Commissioner's Office aware of the volume challenges we face and that we are writing to you in these terms. We are sorry for the delay but assure you that we will let you have your statements as soon as we can.

      We regret that we are not able to enter into correspondance with you about this issue.

      Yours sincerely

      Adrian Whalley
      Head of Privacy and Data Protection
      Legal Counsel


      I managed to speak to Adrian Whalley last night. He told me that there were many people in this situation and gave me the impression that the Information Commissioner's Office approved of the delay.

      According to Adrian Whalley the delay is due to the time taken to retrieve data from microfiche. He didn't really have an adequate explanation for the delay in sending the other information which is stored electronically.

      I contacted the Information Commissioner's Office this morning to ask if they had approved the breaches of the Data Protection Act. I was informed that they had simply been made aware of the situation and it wasn't up to them to approve it. I asked what action they proposed to take and was told that it isn't up to the Information Commissioners Office to enforce the Data Protection Act and that I could make an individual complaint if I wanted but it would take a very long time to deal with it.

      Has anyone else had one of these letters? What are the Information Commissioner's Office for? They have no interesticon in taking action about criminal behaviour on a large scale by Barclaycard.


    • #12
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      Default Re: Christmas cheer. Not from Barclaycard.

      Oh, and I forgot to mention, Barclaycard cashed the £10 cheque quite a while back.


    • #13
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      Default Re: Christmas cheer. Not from Barclaycard.

      ASSUMING THE 40 days are up AND DONT SEND IT UNLESS YOU MEAN TO FOLLOW THROUGH WITH IT!


      **your address**

      Mr Adrian Whalley
      The Data Protection Manager
      Data Protection Team Department
      Barclaysicon Bank PLC
      Northampton
      NN475G
      *date*

      *letter before actionicon* Section 7 – Data Protection Act 1998
      Dear Adrian Whalley,
      Account Number:****************
      You have failed to comply with my Data Protection Act Subject access requesticon dated ** ***** 2006
      If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with all court costs, professional legal fees and damages under section 13 of the Data Protection Act, and without any further notice.

      May I also point out that, on the 21/11/06 a Royal Bank of Scotlandicon customer was
      granted a county courticon order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act.
      District Judge Forrester, making the order commented that had the claimant been able
      to supply him with the name of the data controller at the Royal Bank of Scotland, that he would have added a threat of imprisonment for non-compliance.

      I suggest you consider your failure to comply carefully, I require this information to be sent to me within 7 days of receipt of this letter.
      Should there be any further attempts to delay compliance, ADRIAN WHALLEY,
      I will be left with no alternative but to commence a County Court action under sections 7, 13 and 15(2) of the Data Protection Act 1998, naming you as Data Controller .

      Yours faithfully,

      **your name*

      Signed ******* *****


    • #14
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      Default Re: Christmas cheer. Not from Barclaycard.

      Add the £10 SARicon fee to the total when you claim your charges back.


    • #15
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      Default Re: Christmas cheer. Not from Barclaycard.

      Hi Folks,
      Hi Verdant - Barclaycard sent me the same letter stating they had been inundated with similar requests blah, blah, blah, cannot comply with 40 days, blah, blah, blah.
      I then sent back the one stating you've got 7 days!
      Now I have received a letter saying that they have withdrawn my UK cash advance facility - dirty tactics or what?
      What I say is 'bring it on' and I will see them in court?
      Keep up the fight.
      Regards, Chrissy

      Chris

    • #16
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      Default Re: Christmas cheer. Not from Barclaycard.

      Quote Originally Posted by chrissy3554 View Post
      Hi Folks,
      Now I have received a letter saying that they have withdrawn my UK cash advance facility - dirty tactics or what?

      They've already withdrawn my cash facility and reduced my credit limit all because I queried one charge. I don't believe it was a coincidence that I complained about one charge that appeared to have been applied due to interesticon charges taking my account over its limit and the credit limit was slashed.


    • #17
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      Default Re: Christmas cheer. Not from Barclaycard.

      I am reading loads of threads about credit limits being reduced, cards withdrawn etc. Cynical though I may be I am convinced the banks are doing this because they gave borrowers such ridiculously high credit limits - and then we all started to claim back the unlawful charges - so they've now knee jerked into reducing the limits so that a) - they can't be accused of "irresponsible lending" and b) the less they lend us the likelihood is the less the interesticon & charges will be, so they won't have to pay us so much back when we claim against them!


    • #18
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      Default Re: Christmas cheer. Not from Barclaycard.

      I had my limit reduced just before Xmas too. I paid £500 off on the card so I could book a flighticon for going away over Xmas and 2 days later, they reduced my limit by £500. I was informed of this 5 days later!

      Needless to say, I'm now going for them! Their 40 days was up today - lbaicon sent recorded delivery



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