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

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  1. #1
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    Default M_A_A_B Vs Barclaycard

    Have sent off my SARicon letter and £10 fee today (30/1/2007)....

    Will update on here as and when and shout for help when I need it!

    Similar Threads:

  2. #2
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    Default Re: M_A_A_B Vs Barclaycard

    Word of warning maab. Barclaycard are notorious for stalling. Read through some other people experiences to find out what is going on and how you should tackle their delaying tactics.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  3. #3
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    Default Re: M_A_A_B Vs Barclaycard

    Thanks...I'm reading through stuff all the time it seems! It's taken a little while to get to grips with it but I think I'm there now...thanks for the advice

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  4. #4
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    Default Re: M_A_A_B Vs Barclaycard

    Had a letter from Barclaycard on the 19th to say that my statements will be sent to me within the 40 day time frame.

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  5. #5
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    Default Re: M_A_A_B Vs Barclaycard

    Haven't received my statements. 40 days are up. Phoned Barclaycard today (13/3/2007) and after speaking to some very rude people and being passed around a lot I finally found out that they have been 'inundated' with these requests and so will not be able to carry out my request within the specified time frame (which they already haven't).

    I'm going to read up on here to see what my next course of action should be

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  6. #6
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    Default Re: M_A_A_B Vs Barclaycard

    A complaint to:
    Information Commissioner's Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF

    Remember to include copies of all correspondence with Barclaysharks.

    Also the letter in the templates libraryicon ought to focus their minds.
    All the best,
    Paul

    MBNA: Paid
    Co-Op: Paid
    Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
    Abbey National: Paid
    Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
    Capital One: Paid
    Cahoot: Paid
    Accord Mortgages: Prelim £9,750 LBA 6/10/06
    MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
    Mother in law Nat West: Paid
    Wife's Nat West MCOL issued 26/03/07

    Rise, like lions after slumber
    In unvanquishable number!
    Shake your chains to earth like dew
    Which in sleep had fallen on you:
    Ye are many - they are few!

    (P. B. Shelley, 'The Masque of Anarchy', 1819)



  7. #7
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    Default Re: M_A_A_B Vs Barclaycard

    cheers Paul

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  8. #8
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    Default Re: M_A_A_B Vs Barclaycard

    Will be sending my lbaicon for non-compliance of my SARicon letter tomorrow (15/3/2007)

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  9. #9
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    Default Re: M_A_A_B Vs Barclaycard

    Good stuff!

    MBNA: Paid
    Co-Op: Paid
    Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
    Abbey National: Paid
    Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
    Capital One: Paid
    Cahoot: Paid
    Accord Mortgages: Prelim £9,750 LBA 6/10/06
    MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
    Mother in law Nat West: Paid
    Wife's Nat West MCOL issued 26/03/07

    Rise, like lions after slumber
    In unvanquishable number!
    Shake your chains to earth like dew
    Which in sleep had fallen on you:
    Ye are many - they are few!

    (P. B. Shelley, 'The Masque of Anarchy', 1819)



  10. #10
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    Default Re: M_A_A_B Vs Barclaycard

    Recieved a letter from Barclaycard today dated 20th March 2007:


    Dear M_A_A_B

    I write further to your recent letter, your correspondence has been passed to me in order that I may investigate and on behalf of the company.

    With regard to your request for refund of charges I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our terms and conditionsicon, and on the reverse of every monthly statement. These charges are avoidable by staying within your limit and making your monthly payment on time.

    In your correspondence you have outlined case law which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

    Putting the above to one side, as a goodwill gestureicon and without any admission of liability Barclaycard is prepared to credit you with £200.00. The adjustment will be confirmed on your next statement.

    Please be advised that from 1st August 2006, Barclaycard reduced its fee to £12.00 following the publication of the statement by the OFT.

    I hope this now clarifies the situation. Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsmanicon Service. Further details of this service are available on request.

    If I have not heard from you within 8 weeks from the date of this letter, I will close my file in accordance with our usual practice.

    Yours Sincerely,

    Customer Services
    They still havent actually sent me my statements so I dont even know what they owe me yet!

    What would be my next step? I sent them a lbaicon for non compliance on the 15/3/2007....the 7 days I gave them are almost up....

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  11. #11
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    Default Re: M_A_A_B Vs Barclaycard

    You continue with the non compliance, they have not sent you the statements.






    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.

  12. #12
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    Default Re: M_A_A_B Vs Barclaycard

    Thanks...do I acknowledge the letter I got from them today?

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  13. #13
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    Default Re: M_A_A_B Vs Barclaycard

    Quote Originally Posted by M_A_A_B View Post
    Thanks...do I acknowledge the letter I got from them today?
    Yes inform them that you are reporting them to the ICO for non compliance. I take it you dont have a figure of how much they owe you as you dont have the statements. so this £200 is the figure they have come up with?






    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.

  14. #14
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    Default Re: M_A_A_B Vs Barclaycard

    Also...I'm at the stage where I'm going to have to go through the courts as the lbaicon for non compliance runs out tomorrow....do I use the N1 form (I think I do from what I've read)...also, if I do use the N1 form, can I use the pdf version that's in the library on here?

    Bit nervous about this bit so might be asking for help a lot!

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  15. #15
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    Default Re: M_A_A_B Vs Barclaycard

    Quote Originally Posted by livelylad View Post
    Yes inform them that you are reporting them to the ICO for non compliance. I take it you dont have a figure of how much they owe you as you dont have the statements. so this £200 is the figure they have come up with?
    I dont have a figure yet...I was waiting for my statements...I'm pretty sure that £200 is no where near as much as they will owe me though....I thought they were just being tricky with me because the account is now with a DCAicon (because of the charges I might add)

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  16. #16
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    Default Re: M_A_A_B Vs Barclaycard

    Quote Originally Posted by M_A_A_B View Post
    I dont have a figure yet...I was waiting for my statements...I'm pretty sure that £200 is no where near as much as they will owe me though....I thought they were just being tricky with me because the account is now with a DCAicon (because of the charges I might add)
    Ok you need to take them to court for non compliance of the DPA SARicon. Once you have your statements you can then reclaim your charges. The £200 you can accept as a part settlement inform them of this.






    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.

  17. #17
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    Default Re: M_A_A_B Vs Barclaycard

    cool...thanks for all your help

    Do I use the N1 forms for court?

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  18. #18
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    Default Re: M_A_A_B Vs Barclaycard

    Quote Originally Posted by M_A_A_B View Post
    cool...thanks for all your help

    Do I use the N1 forms for court?
    Yes, have a look through this as well
    http://www.consumeractiongroup.co.uk...n-act-non.html
    and this

    http://www.consumeractiongroup.co.uk...n-act-non.html






    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.

  19. #19
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    Default Re: M_A_A_B Vs Barclaycard

    sent a complaint to ICO via their website (21/3/2007 at 22.50)

    I have already sent Barclaycard a letter regarding non compliance...their 7 days ends tomorrow so I'm looking through the N1 pdf file now ready for court action....

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13


  20. #20
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    Default Re: M_A_A_B Vs Barclaycard

    I was all ready to file against Barclaycard for non compliance today and my statements have arrived!

    They even sent me ones that were stored on microfilm as a 'gesture of goodwillicon' lol.

    Totalling up now...

    Halifax

    S.A.R - (Subject Access Request) sent - 30/1/2007
    Prelim letter sent asking for total of 1571.52 - 15/3/2007
    LBA sent 30/3/2007
    court papers filed
    Offer letter received - £1495.13



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