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: Credit cards

  1. #1
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    simeon1964 Novitiate

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    Unhappy Credit cards

    I have a total charge of £250.00 on my credit card account and over £4000.00 as purchase interesticon, retail interest and insurance. i did not request insurance. I have not purhased in the last 2 years as the card was requested back two years ago and still paying.
    Can I claim back purchase interest, ratail interest Plus insurance? Iam being charged between £70 to £120 par month on purchase interest and insurance respectively.

    simeon

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  2. #2
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    Default Re: Credit cards

    Hello and welcome, please can you start a thread in your credit card forum. Also can you you explain your situation again. I am a little confused by it.






    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: Credit cards

    Hi,
    The total penalties amounted to £255.00 and the interesticon was calculated to be £169.00, the total amount being £424.00.

    There were also retail interest charge for between £40- £120 par month and insurance for the same amount par month. This does not look reasonale to me espectially when I have stopped the use the card almost three years ago.


  4. #4
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    Default Re: Credit cards

    Hi everyone
    If judgement by default the the total claim is pushed over £5000.00 at the small claimicon court, will it be a problem?
    I believe that if this happens the court 8% will will push the claim to £12000.00 can I still claim this or reduce it.
    Any help


  5. #5
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    Default Re: Credit cards

    Hi can you explain the situation again please I am still confused.

    1.Which Credit Card company is it?
    2.Have you been making regular payments?
    3.Is the balance made up of charges and PPIicon/interesticon? As you say you have purchase interest on it.
    4.What was the balance when you stopped using the card? and what is it now?
    5.Did you ask for PPI?

    If judgement by default the the total claim is pushed over £5000.00 at the small claimicon court, will it be a problem?
    I believe that if this happens the court 8% will will push the claim to £12000.00 can I still claim this or reduce it.
    Over £5k is not a problem regarding the small claims, but I cant understand how you arrive at the figure of £12k with Sect 69 Interest?






    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.

  6. #6
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    Default Re: Credit cards

    Livelylad
    Thanks a lot
    Re credit card,
    1.the card was MBNAicon
    2. i paid off the card. the limit was 5k which was paid off 2years ago?
    3. yes made of charges, retail int., purchase int. and insurance i never asked for.
    4. Zero
    5. Never ask for ( PPIicon ) ? supposed it means :Purchase interesticon?


  7. #7
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    Default Re: Credit cards

    Livelylad
    sorry my last reply has been mixed up. The card to which you reply was RBC similar to MBNAicon except that I have paid off mbna.
    and have 8k to pay up on RBSicon.
    I have never stop paying @£120.00p/m
    Hope am a bit clearer now


  8. #8
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    Default Re: Credit cards

    Sorry I dont understand if you paid the card off 2 years ago how are you still paying.

    You can reclaim the charges, the purchase interesticon you cant, and maybe the Payment protection insurance if you did not ask for it.






    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.

  9. #9
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    Default Re: Credit cards

    Ok lets start again please list the details of the card you wish to reclaim the charges on, and what action you have taken.






    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.

  10. #10
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    Default Re: Credit cards

    Having read this i would say you can only claim back your charges, and possibly the PPIicon..

    So your claim should be for the £250 charges plus the PPI if you want to claim for that as well..

    The purchase interesticon isn't a charge or a penalty. It the interest you have paid on the money you have borrowed so is unclaimable..

    You will get hammered if you try and claim any of that back, so stick to what you are allowed to claim.

    Jos


  11. #11
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    Default Re: Credit cards

    My MBNAicon, all paid off, but have charges, purchase interesticon and insurance in the past.
    I did not request insurance yet it was loaded on.

    I know from my statement that the charges affect the amount of purchase interest as well as the insurance and since the charges are unreasonable both insurance and interest are also questionable. I do intend to put this to the court and let them decide or am I been unreasonable myself.


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    Default Re: Credit cards

    barclaycards failed to defend the claim, judgement was requested and rejected. I then rang the court in Nothampton and was told to wait. It been over a month now. I received an order yesterday " The application to strike out the claim be REFUSED" Shocked as i knew nothing about this.
    The order goes on to say what both party should comply with within 21 days for claimant and 42day for defendant.

    It goes on to say that any party affected could have the order set asside, varied, or stayed within 7 days of service of this order.
    Should I go with the court or have the order set asideicon........ Help anyone

    Order made 15/05/07
    Order drawn 25/05/07


  13. #13
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    Default Re: Credit cards

    You should proceed with the directions given to you by the judge. Within 21 days you have to prepare your case, a Statement Of Evidence etc..
    Have a look around the Lloydsicon forum for everything you need to do. Get yourself a copy of your Terms & Conditions too. You probably won't go to court, but you should be prepared. I will get your thread moved to Barclaycard so that others can help you too. Lloyds is here:

    http://www.consumeractiongroup.co.uk/forum/lloyds-bank/



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