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 bobsp v Barclaycard

    Hi all,

    S.A.R - (Subject access requesticon) sent 14/12/06
    They called the Mrs (this is Mrs bobsp v Barclaycard) saying they will send something out by 01/02/07
    Nothing recieved so sent lbaicon 05/02/07.

    As we have no idea what the charges for Barclaycard are what do I do after LBA expires. MCOL for what though?

    I apologise if this is on the forum, i have been reading sooo much over the last few weeks my little brain if frying, I am watching around 10 other cases and trying to keep up.

    Thanks in advance

    Similar Threads:

  2. #2
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    Default Re: bobsp v Barclaycard

    how can you have sent an lbaicon if you dont know the charges?

    Did you estimate them from some statements you had?

    If you think my advice has been helpful, please click on the scales to the left thank you!

    Non illegitimi carborundum


    I wish I was a glow worm,
    A glow worm's never glum!

    How can you be grumpy,
    when the sun shines out yer bum?!


    Amex * 2 *** WON *** Settled
    Marbles ****WON*** In full settlement
    Capital 1 ***WON*** In full settlement
    MBNA ***WON**** In full settlement
    Barclaycard ***WON*** In full settlement
    Barclays Bank - ***WON*** In full settlement
    Abbey ***WON*** In full settlement
    Abbey (Mrs Chorlton) ***WON*** In full settlement
    Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

  3. #3
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    Default Re: bobsp v Barclaycard

    The lbaicon is to force them to comply with the S.A.R - (Subject access requesticon) as they have not sent anything out. Should I have gone another route? How cab I get them to send the statements out?


  4. #4
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    Default Re: bobsp v Barclaycard

    possibly my misinterpretation - did you send a "claim" lbaicon out or an "SARicon non-compliance" LBA out?

    If you think my advice has been helpful, please click on the scales to the left thank you!

    Non illegitimi carborundum


    I wish I was a glow worm,
    A glow worm's never glum!

    How can you be grumpy,
    when the sun shines out yer bum?!


    Amex * 2 *** WON *** Settled
    Marbles ****WON*** In full settlement
    Capital 1 ***WON*** In full settlement
    MBNA ***WON**** In full settlement
    Barclaycard ***WON*** In full settlement
    Barclays Bank - ***WON*** In full settlement
    Abbey ***WON*** In full settlement
    Abbey (Mrs Chorlton) ***WON*** In full settlement
    Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

  5. #5
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    Default Re: bobsp v Barclaycard

    S.A.R - (Subject access requesticon) non-compliance


  6. #6
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    Default Re: bobsp v Barclaycard

    Have a look at the library of documents on the general bank charges forum. There is a template for the non-compliance court claim.

    The Badger


  7. #7
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    Default Re: bobsp v Barclaycard

    OK, letter sent asking for £431 on 26/02/07, on 01/03/07 they just credited £143. I called B/Card to see what the CR was for, and I was told that it was the difference between what I was charged and the £12, that they should have charged, there will be no further credits.

    I am sending a letter declining the CR, or that I will take as part payment, but if they dont pay the full amount, and I file MCOL, how much do I claim, and how does the interesticon side work?

    Thanks

    Bob


  8. #8
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    sallysas Informative sallysas Informative sallysas Informative sallysas Informative sallysas's Avatar

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    Default Re: bobsp v Barclaycard

    They had 14 days to comply with the non disclosure lbaicon so if it were me I would

    1. Send letter as you state above accepting as part payment only.
    2. Proceed to court forcing them to provide data/statements.

    Sorry you didn't say if the £400 odd you are claiming was because they sent you the info. If so I suggest you follow step 1 only.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL


  9. #9
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    Default Re: bobsp v Barclaycard

    Hi,

    We eventually got the statements after hounding Adrian Whalley.

    I will write stating the above (no1) and remind them they have xx days left to pay the full amount, after that time an lbaicon, then MCOL.

    Thanks


  10. #10
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    sallysas Informative sallysas Informative sallysas Informative sallysas Informative sallysas's Avatar

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    Default Re: bobsp v Barclaycard

    What interesticon did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

    Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL


  11. #11
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    Default Re: bobsp v Barclaycard

    Quote Originally Posted by sallysas View Post
    What interesticon did you state on your prelim?
    I stated 8% on my own spreadsheet which I formatted.

    Thanks


  12. #12
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    Default Re: bobsp v Barclaycard

    I have heard more and more banks are trying to refund the difference of what people have been charged and this £12 "As recommended by the OFT". I cant find anywhere that says the OFT recommend £12. Is there any kind of template or referral that can be sent back with the, partial payment/refusal letter that quashes these banks claims.

    Thanks


  13. #13
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    Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative

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    Default Re: bobsp v Barclaycard

    Office of Fair Trading - Credit Card Report Summary
    http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf


  14. #14
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    Default Re: bobsp v Barclaycard

    Bad link, thanks anyway


  15. #15
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    Default Re: bobsp v Barclaycard


  16. #16
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    Default Re: bobsp v Barclaycard

    Quote Originally Posted by bobsp View Post
    I stated 8% on my own spreadsheet which I formatted.

    Thanks
    you dont include the 8% until you raise a court claim.


  17. #17
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    Default Re: bobsp v Barclaycard

    Thanks, just what I was looking for.


  18. #18
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    Default Re: bobsp v Barclaycard

    Quote Originally Posted by sallysas View Post
    What interesticon did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.

    Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck

    i agree with sallysas. just follow the tried and trusted method. after all CAGicon wouldnt be here a year later otherwise. dont try and fix what aint broken


  19. #19
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    Default Re: bobsp v Barclaycard

    Is it worth supplying them with a copy of this, which I am sure they are aware of, well is there any harm in supplying a copy?


  20. #20
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    Default Re: bobsp v Barclaycard

    Quote Originally Posted by bobsp View Post
    I stated 8% on my own spreadsheet which I formatted.

    Thanks
    you do not add 8% until COURT CLAIM!



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