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


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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 Northern Ireland Confused...!

    Hello this is my first post.

    I want to claim unfair charges from my barclaycard visa credit card. I was a student in manchester when I was issued this card in November 2001.

    My credit card had a limit of £500 which was involuntarily reduced to £280 about four months ago after I made a payment to reduce what I owed to that amount.

    I am now living at home in Northern Ireland and am reading through copies of my monthly statements which I requested from BCard, having sent the cheque for £10.

    They also sent copies of my microfilm records, but they said that the did so as a gesture of goodwillicon.

    I am a bit confused about some of the charges and am unsure about what to claim back. Here is a break down of the charges:

    Late Payment charges: £396
    Over Credit Limit charge: £417

    Each charge was £15 until May 03 when they were incresed to £20 charges, and then in August 06 the charges were reduced to £12.

    There was also a single charge of £20 for Returned Payment Charge. I don't know what this is for.

    So I add the Late Payment Charges, the Exceeded Limit Charges together and the single Returned Payment Charge and they total £833.

    Is this what I am to claim?

    What is the next step I should take now?

    I am also uncertain about if there is a different procedure to claim this money as I live in N.I.

    Incidentally, during the weeks that I requested my account records, a lot of withheld number calls were made to my house. If a female member of my family answered it, there was no reply. If a male answered it my name was asked for (and it was barclaycard). If no one from my house spoke first there was silence, then eventually someone asking for my name. Each time they called they were asked to ring my mobile (I am currently a student and not living at home except at the weekends).

    I am considering reporting this to the police so that my phone company can check who was ringing. I suspect the dead calls to be from barclaycard. Would this be a fruitless move?

    Many thanks!!!!

    aronski

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  2. #2
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    Default Re: Northern Ireland Confused...!

    PS They took more than forty days to send me my records, but they sent me two letters before I received the records, the first acknowledging my request for the records, the second saying that the 40 day period was nearly up but that the records would be with me shortly, possibly exceeding the forty days.

    They arrived a week after this last letter.


  3. #3
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    Default Re: Northern Ireland Confused...!

    PPS (sorry)

    Since I requested the records, I have a personal account manager who deals with me. I think this is unusual because there is nothing new about my account - I missed my last payment as I have done many times before. Previously the usual call-centre worker would call me and try to get me to pay, but now its a woman called martina who only works daytime hours.

    She is quite nice to speak to, as she seems to listen well and seems to be sympathetic!! But I haven't told her about my intentions to claim money back.

    She is worried that I get another charge for late payment. Can I freeze my account now? I don't want to use Barclaycard anymore and I'd rather just cancel the whole thing and offer them to take what I owe them (£280) from what I am claiming from them. Is that possible?


  4. #4
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    Default Re: Northern Ireland Confused...!

    Hi Aronski,
    Regarding the harassment by telephone, you might like to send them this. I did and they've stopped calling:

    Barclaysicon Bank PLC,
    1, Churchill Place,
    London,
    E14 5HP

    YOUR ADDRESS

    DATE

    Re: Harassment by telephone


    ACCOUNT NUMBER: xxxxxxxxxxx

    Dear Sir or Madam,

    I am writing in relation to the quantity and frequency of telephone callsicon that I have received from your company, which I deem to be personally harassing.

    I have verbally requested that these calls stop, but I am still receiving calls.

    I now require all further correspondence from your company to be made in writing only.

    I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine.

    Be advised that any further telephone callsicon from your company will be recorded.

    Yours faithfully,

    Aronski

    Your next move would be to send the preliminary letter (in the Bank templates libraryicon) asking for your money back. You will need to deduct the 3 adjustments, they are refunds. Expect them to delay and quite possibly tell you lies along the way but you will get there in the end.
    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)



  5. #5
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    Default Re: Northern Ireland Confused...!

    Thanks paul, Just read your thread, well done, Im sure it was a hairy journey but the satisfaction must almost be worth more than the money itself!!!

    I'll get those letters in the post, wish me luck!


  6. #6
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    Default Re: Northern Ireland Confused...!

    Good luck (you won't need it though, just a bit of persistence).

    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: Northern Ireland Confused...!

    Oh Im still confused -

    Am I to ask them to refund me £396 Late Payment Charges, £417 Exceeded Limit Charges, £20 Returned Payment Charge?

    In the letter in the templates section, it talks about interesticon... what interest?

    I have added up the interest from my records, they show:

    Interest on Standard Balance: £211.67
    Interest on Cash Balance: £219.16

    I have no idea what these seperate charges are...

    I have also been charged £78.50 in ATM withdrawl services...!!!

    Do I include 8% interest on these charges? Which charges? Sorry if Im not getting this info straight...


  8. #8
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    Default Re: Northern Ireland Confused...!

    Now you've got me confused too! Returned payment charges, exceeded limit charges, returned payment charges. Claim them all. The interesticon can be added but that can be a little complicated. Lots of people just go for 8% when they issue the claim. Some people are doing contractual interest (which can inflate your claim massively), have a look around some other threads. I wouldn't recommend doing this unless you really know the score. You'll need to do some research for that. Now, get those letters in the post and give Barclaysharks hell!!!

    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)



  9. #9
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    Default Re: Northern Ireland Confused...!

    you can claim back the overlimit charges, late payment & returned payment charges.

    unfortunately, as far as I'm aware the £78.50 is cost they charge you to take money from a cash machine and isn't recoverable

    "Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

    Brad v Halifax
    22/08/06 - Preliminary Letter sent requesting full repayment of charges
    06/09/06 - LBA sent to bank

  10. #10
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    Default Re: Northern Ireland Confused...!

    obviously, they don't charge you £78.50 to take money from a cash machine (though I'm sure they would if they could). I think it's something like £1.50 per time or summat like that....

    "Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

    Brad v Halifax
    22/08/06 - Preliminary Letter sent requesting full repayment of charges
    06/09/06 - LBA sent to bank

  11. #11
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    Default Re: Northern Ireland Confused...!

    To work out what contractual interesticon has been levied on these unlawful charges, go here:

    Compound interest calculator

    You enter the amount you have been charged, the date and the percentage rate. I think Sharkleycard charge 19.9%

    Add up the total (Charge+ interest) and that gives you the amount to tell them you want back.

    If they refuse to pay this in total and completely, the next step is a letter before actionicon then download this form:

    http://www.courtsni.gov.uk/NR/rdonly...pplication.pdf


    Also download or get this small claims guideicon from you local court:

    http://www.courtsni.gov.uk/NR/rdonly...laimsguide.pdf

    If and when you fill this form you can add 8% or the CI rate of 19.9 or whatever their rate is to the total plus your court costs (which you have to pay up front when you file these papers, in triplicate to the Small Claims Section at the Civil Processing Centre in Belfast)


  12. #12
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    Default Re: Northern Ireland Confused...!

    You will be amazed how much you have been conned into paying.


  13. #13
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    Default Re: Northern Ireland Confused...!

    Thats great help, thanks so much! I will get great pleasure in doing all of this!!! Lol!!!

    Watch this space


  14. #14
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    Default Re: Northern Ireland Confused...!

    Have fun!


  15. #15
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    Default Re: Northern Ireland Confused...!

    360 day year and 12 "rests" per year


  16. #16
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    Default Re: Northern Ireland Confused...!

    I think I must be really stupid... Im still stuck on what interest to add...

    I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdrafticon interest for the sum which you have taken. Total £XXXXX .
    In the compound interest calculator do I enter each fine (eg £20), its date, the interest rate and then calculate? Do I do this for every month I have been fined since 2001 and add them up and quote that as the interest I claim back?


  17. #17
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    Default Re: Northern Ireland Confused...!

    I just got my monthly statement, Mercers Debt Collections Agency is now dealing with my account.

    There are four different interesticon rates quoted on my statement, and I don't know which one applies to me....

    Purchase Annual Rate: 24.9%
    Cash Annual Rate: 27.9%

    Where I am actually charged interest in my detailed information panel, it says:

    Interest on your cash balance 2.075% = £1.10
    Interest on your Standard Balance 1.873 % = £4.38

    You guys are really a great help!!! I want to get this letter posted today hopefully...!


  18. #18
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    Default Re: Northern Ireland Confused...!

    Not sure what the rate is, maybe look on their website. It will probably be quite high though (around 20%). As for working out the interesticon, yes, for each charge enter the date, the amount and the current date. It then gives you the interest for that charge. You then add them all up Its a bit laborious but it works out to be a very good hourly rate of pay.

    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)



  19. #19
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    Default Re: Northern Ireland Confused...!

    Oh my eyes have been opened!!!! Hmmm yes I took the interesticon rate to be 14.95% as it was a student account credit card and that is what their rate is. It sounds familiar to me anyway.

    That makes a nice sum of £461.01 Interest...!!!!


  20. #20
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    Default Re: Northern Ireland Confused...!

    Alright, nearly there! Is this correct?

    I calculate that you have taken £857 plus £461.01 which you have charged me in interesticon for the sum which you have taken. Total £1318.01
    I enclose a schedule of the charges which I am claiming with this letter.
    I'm now just trying to work out the schedule of charges, I couldn't find an example of one... is it a list of all of the dates I have been charged, including the amount charged and the interest along with the date by which I expect to receive it paid back? ie two weeks....

    Does this list have to be photocopies of the statements or can I type them up onto one page?

    You guys are great btw



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