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.

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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.

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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.

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  1. #1
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    Default madhouse5 v barclays***WON***

    I sent letter requesting charges back of £1260 on 25th January 2007 got a letter back within a week. Standard letter saying sorry your not happy with service etc etc, saying they would respond by 26th February 2007. Their 14 days were up last friday so sent letter saying they've got 7 days or I'll take them to court. Sent by recorded delivery post office said will be with them by 1pm today.

    Fingers crossed they will respond soon.

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  2. #2
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    Default Re: madhouse5 v barclays

    Quote Originally Posted by madhouse5 View Post
    I sent letter requesting charges back of £1260 on 25th January 2007 got a letter back within a week. Standard letter saying sorry your not happy with service etc etc, saying they would respond by 26th February 2007. Their 14 days were up last friday so sent letter saying they've got 7 days or I'll take them to court. Sent by recorded delivery post office said will be with them by 1pm today.

    Fingers crossed they will respond soon.
    hi you really should have given them 14 days for the second letter as well, however you can always allow the extra week. Its best to stick to the step by step instryuctions these are linked in my signatureicon.






    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.

  3. #3
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    Default Re: madhouse5 v barclays

    thanks, i'll give them the extra time. I've just found this site, i got template letters from another site and used them, they say to give them 7 days.

    It's all so confusing, i've read so much on this subject lately i don't whether i'm coming or going. Some of the info is conflicting.

    thanks again


  4. #4
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    Default Re: madhouse5 v barclays

    Quote Originally Posted by madhouse5 View Post
    thanks, i'll give them the extra time. I've just found this site, i got template letters from another site and used them, they say to give them 7 days.

    It's all so confusing, i've read so much on this subject lately i don't whether i'm coming or going. Some of the info is conflicting.

    thanks again
    Ok Livelylad's top tip..... Trust this site

    THIS SITE IS:
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  5. #5
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    Default Re: madhouse5 v barclays

    i read through FAQ's very helpful.

    i was just wondering because i only gave 7 days written notice will this make any difference when/if i get to court even though i'm giving them extra time.


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    Default Re: madhouse5 v barclays

    Quote Originally Posted by madhouse5 View Post
    i read through FAQ's very helpful.

    i was just wondering because i only gave 7 days written notice will this make any difference when/if i get to court even though i'm giving them extra time.
    Well i doubt that you would see the inside of a court.
    However we do stick to the timetable just to be safe.






    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.

  7. #7
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    Default Re: madhouse5 v barclays

    I've had yet another phone callicon today from Barclays about my overdrafticon, how do i intend to pay it back, they have withdrawn my overdraft. I have told them I have requested my charges back, they asked what date. They said ok but should be aware that they may take action against me to recover the amount, I informed them when they return unfair charges this will more than cover the overdraft and I can then close the account.

    I'm going to phone tomorrow offering to pay £10.00 a month as good will gesture also shows I'm willing to pay it back. Also will leave me more money spare when they do pay up.


  8. #8
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    Default Re: madhouse5 v barclays

    Hi Madhouse,

    Was the withdrawl of your overdrafticon a surprise? I don't know how to say this without being personal. I am worried because I am overdrawn by over £2000 and have heard of Barclaysicon requesting their overdraft back once you ask for the bank charges refunded. If this happens to me I will be completely stuffed as I dont have £2000 to spare! Also if this happens no doubt it will go against my credit rating which is not the best as it is!

    Any advice or suggestion would enlighten me and be much appreciated.

    Teach57


  9. #9
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    Default Re: madhouse5 v barclays

    Hi Teach57,

    Withdrawl of overdrafticon was not really a surprise, basically got annoyed with Barclays for all the charges and told them so on the phone. Told them i was removing all ingoing money ie child benefit, child tax credits (hubby's wages already going into FD account) months ago and i wanted to close the account, they said i couldn't do this until overdraft cleared but they did return account to basic so no more account fees. Just hoping barclays settle before hubby is made redundanticon end of may. Keeping fingers crossed.

    How much are you claiming back from them? If it does not cover your overdraft then offer to pay it back at rate you can afford. Try setting up arrangement now if you can, it shows them your willing to pay it back.

    Good luck


  10. #10
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    Default Re: madhouse5 v barclays

    Had a letter this morning confirming what they told me on the phone yesterday, overdrafticon been withdrawn, want my debit card and cheque book back. Fine by me.

    One thing does concern me, when I do win can I request payment by cheque or will they automatically pay it into my Barclaysicon account?

    If they do later how do I get the money as I will have no card?


  11. #11
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    Default Re: madhouse5 v barclays

    I got another letter today saying my account facilities have been cancelled, the next from them will be a Termination Notice. Termination Notice is legal notice demanding full repayment of the outstanding balance.

    Also checked Royal Mail website they did indeed receive my lbaicon on the 13th February 2007. So 14 days is up begining of next week so I will file with MCOL on 28th February (when we get paid).

    Bring it on barclay


  12. #12
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    Default Re: madhouse5 v barclays

    I had a phone callicon from Barclays yesterday asking how I wish to pay back my overdraft, offered £10 a month was refused as it would not pay it off quickly enough, asked to increase offer said I was unable to as we have 5 kids to support and hubby is being made redundanticon soon.

    They inform me will be senting a Termination Notice if I do not pay off quickly, told them as far as I was aware they could not take any action as my account is in disputeicon as I'm claiming charges back. I was asked details of this eg date's letters sent, amount claiming etc. Was then ok no more action will be taken on account until this matter is resolved.

    This morning I get letter from Barclays TERMINATION NOTICE dated yesterday, saying they are within their rights to pass my account to debt recovery agencies and the banks intention to register details of the account with credit reference agencies.

    Is this just scare tactics? I told them on the phone that I was filing MCOL on wednesday 28th Feb. I won't let them intimidate me I'm still filing on wednesday.

    Keep on smiling they won't get to me

    madhouse5


  13. #13
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    Default Re: madhouse5 v barclays

    Barclaysicon have not responded to lbaicon, they haven't even met their deadline of today. So MCOL here I come on Wednesday (don't get paid til then).


  14. #14
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    Default Re: madhouse5 v barclays

    I receiveed an offer this morning for £645 as I'm claiming £1260 I think I'll turn it down and proceed to court.


  15. #15
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    Default Re: madhouse5 v barclays

    Which is the best way to file with the courts MCOL or with N1 at local court?

    Barclaysicon are now charging my account daily interesticon of £0.32 because they have terminated my account. That's £2.24 a week.


  16. #16
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    Default Re: madhouse5 v barclays

    Have you spoken to them again about them terminating an account that is in dispute?

    Seeing as the letter was sent out (prob before your phone convo with them) you may be able to get that suspended until after the court date?

    Ring them again, but if you get no joy with them, speak direct with the debt collectionicon Agency, who should be able to help also.

    HTH

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  17. #17
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    Default Re: madhouse5 v barclays

    Pj, you are correct in saying they should cease actions where an account is in disputeicon but in mads own words
    Told them i was removing all ingoing money ie child benefit, child tax credits (hubby's wages already going into FD account) months ago and i wanted to close the account,
    They have basically said they have no intention of repaying the debt, which is prob why Barclaysicon have taken this approach.

    Obv if mad has the intention of paying off the debt with repaid charges etc then theres no worry about court action as the debt will be cleared before they have chane to recommence legal action [hopefully]

    Mad.... doesnt really pay to pee them off, wait til you get your cash.THEN DO IT ..LOL

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  18. #18
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    Default Re: madhouse5 v barclays

    They have basically said they have no intention of repaying the debt, which is prob why Barclaysicon have taken this approach.

    dar3n,

    I have offered to pay them £10.00 a month but they refused. I know not much but that's all we can afford at moment, my hubby had head-on car crash 18 months ago lost his job as a result because of injuries, got a new 3 weeks later and is now being made redundanticon again. Very tight budget especially as we have 5 kids.


  19. #19
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    Default Re: madhouse5 v barclays

    Quote Originally Posted by madhouse5 View Post
    They have basically said they have no intention of repaying the debt, which is prob why Barclaysicon have taken this approach.

    dar3n,

    I have offered to pay them £10.00 a month but they refused. I know not much but that's all we can afford at moment, my hubby had head-on car crash 18 months ago lost his job as a result because of injuries, got a new 3 weeks later and is now being made redundanticon again. Very tight budget especially as we have 5 kids.
    hang on maddy, Im not having a dig at you, I realise you have offered a payment program, I was on about your answer to THEM which they took as being an act of aggression. Im totally on your side, I would do exactly the same, if the DEMAND money, they can sing for it..

    Please dont think I was having a go at you... not at all

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  20. #20
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    Default Re: madhouse5 v barclays

    dar3n,

    Sorry, I didn't think you having a dig at me, our whole situation at moment is getting us down, seem to be going round in circles with Barclaysicon. Left hand doesn't know what right hand is doing, if you know what I mean.

    Should I phone or write to decline offer? Which way is best for court MCOL or N1 at local court?

    madhouse5



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