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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Thread: me v them

  1. #1
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    Default me v them

    hi, just got letter and copy statements back today from Skycard (barclay card in another guise). bit more daunting when it actually shows. do i just highlight the charges and send back with the next letter. Another point is if the charges change in amount, ie they are £25 then go to £12, this around the time that the charges were deemed to high, can i still claim for the new amount? Also,i cant see how, if i am over limit, but make a payment that doesnt bring me back within the limit, that i can be levied a charge, its not like i`m not making payment? the over limit charges are mainly the ones that got me in trouble in the first place and these were always more than the payment i was making, easy to see how, when you are over a barrel, that you end up in trouble. sorry for rambling at the end of this thread, but i need to speak to like minded people, not some mong in a foreign call centre!!
    good luck all,
    Neil

    Lloydsicon SARicon sent, 5/2/07
    skycard SARicon sent 5/2/07 statments received 17/2/07.
    MBNAicon SAR sent 5/2/07, blah letter received 16/2/07 (poor them the clock is ticking!!!)


  2. #2
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    Default Re: me v them

    Quote Originally Posted by erin01 View Post
    hi, just got letter and copy statements back today from Skycard (barclay card in another guise). bit more daunting when it actually shows. do i just highlight the charges and send back with the next letter. Another point is if the charges change in amount, ie they are £25 then go to £12, this around the time that the charges were deemed to high, can i still claim for the new amount? Also,i cant see how, if i am over limit, but make a payment that doesnt bring me back within the limit, that i can be levied a charge, its not like i`m not making payment? the over limit charges are mainly the ones that got me in trouble in the first place and these were always more than the payment i was making, easy to see how, when you are over a barrel, that you end up in trouble. sorry for rambling at the end of this thread, but i need to speak to like minded people, not some mong in a foreign call centre!!
    good luck all,
    Neil

    Lloydsicon S.A.R - (Subject access requesticon) sent, 5/2/07
    skycard SARicon sent 5/2/07 statments received 17/2/07.
    MBNAicon SAR sent 5/2/07, blah letter received 16/2/07 (poor them the clock is ticking!!!)

    Hello and welcome, you can reclaim both the old and new amount. you need to complete a spreadsheet and send this back with the bank with the prelim letter. This gives them a complete list of all the charges you are reclaiming.
    http://www.consumeractiongroup.co.uk...eadsheets.html

    http://www.consumeractiongroup.co.uk...-approach.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.

  3. #3
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    Default Re: me v them

    thats great, will do in a"quiet moment" in the evening!!!

    Also, all they have sent is copies of the staements. As i sent the first template letter, should they have sent me anything else?


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    Default Re: me v them

    Quote Originally Posted by erin01 View Post
    thats great, will do in a"quiet moment" in the evening!!!

    Also, all they have sent is copies of the staements. As i sent the first template letter, should they have sent me anything else?
    No that is fine.






    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.

  5. #5
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    Default Re: me v them

    Ahh I see Neil


  6. #6
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    Default Re: me v them

    Thanks for the click


  7. #7
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    Default Re: me v them

    i am working out the charges to claim claim back. what rate of interesticon do i ask for? Or do i only ask for interest at 8% when and if it reaches court?
    I`m a little unsure.

    Neil


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    Default Re: me v them

    Either check out the APR relating to you card and use that from the start ie prelim (Contractual interesticon), or use Statutory Interest Rate s69 @ 8% when you file.

    I am using 27.9% (but they vary depending on the card type) for my claim this has been included in my prelim letter.

    Credit Cards, Personal Loans and Insurance - Barclaycard

    HTH


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    Default Re: me v them

    Hi

    Very important that you claim some interesticon from the word go. Some ccs are now offering full refund of the charges by return, if you have claimed no interest in your initial request for repayment you can't go back and then ask for more if they have offered to settle. IHMO I suggest you ask for contractual from the word go and then negotiate.

    Nat West are offering charges and 8% at lbaicon in the hope of avoiding contractual! Barclaycard are offering charges minus £12 which they claim is "legal" and I think are putting up more of a fight aka being b###y minded and obstructionate!

    Bicester1

    Bicester1

    MBNA WON £623
    GM Card Won £580
    Nat West CC Won £525.08
    Nat West Bank Won £2346.60

    Lloyds PPI LBA
    Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal
    HBOS about to issue N1
    LLoys Bank LBA

    I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

  10. #10
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    Default Re: me v them

    Quote Originally Posted by Bicester1 View Post
    Hi

    IHMO (In Honest My Opinion)

    Barclaycard are offering charges minus £12 which they claim is "legal" and I think are putting up more of a fight aka being b###y minded and obstructionate! (Dont they always)

    Bicester1
    Tanz


  11. #11
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    Default Re: me v them

    just got 2 letters today, 1st one saying they are looking into complaint and the second....surprise surprise" we do not agree with what you are claiming"!!!
    firstly they are saying that the amount i am claiming is more than their records show(will recheck that), secondly they are only offering about half the amount i am asking for.But they will only put it in my account if aggree to this settlement. this they say is the difference between when they charged me £25 and the £12 they charge now! so they are only offering me £13 off the original £25 charges BUT none of the £12 charges.
    what they fail to realise is that in doing this they are admitting they are wrong, even if they try to preclude it with the "as a good will gesture" statement.
    Also there is no Breakdownicon of the costs. they say they will keep the complaint file open for 8 weeks(which MBNAicon did)
    How do proceed. I want to reject it and continue, they still have about a week until the deadline of my first repayment letter. Is there a rejection letter i can use? can someone give me a link to it please?
    thanks all in advance for any help.


  12. #12
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    Default Re: me v them

    See here: http://www.consumeractiongroup.co.uk...ng-offers.html]

    Also you might want to add into the letter somewhere, this:

    I must point out that the OFT said, “We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”.

    Hope that helps

    Tanz



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