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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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.

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  1. #1
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    Talking Electric Lemon V Barlaycard

    Hi all,

    I have commenced a claim against Barclaycard.

    I only have a small credit limit (£500) & have always stayed within the boundaries - however, I know that there have been some late payment charges they have administered in the past few years, & I WANNA GET THEM BACK!!

    It might not amount to much, (but then maybe I might be surprised when I get the statements:o !!) but as with so much in life its the principle.


    ACTION TO DATE

    SARS (Subject access requesticon) was sent off 20/02/2007
    40 days is nearly up on 1/04/2007

    Getting ready to send the non-compliance letter as they only have 5 days left.

    Do ya think I should give'em a call to chase them???

    Electric


  2. #2
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    Default Re: Electric Lemon V Barlaycard

    Well, Barclaycard havent replied to the SARS & their time is up!

    What a cheek that they have ignored me & had over a month to send me my info. Grrrrrrrrrrrrrrrrrr.

    Am going to send off my letter re non-compliance now, & I believe I should also complain to the ?Financial Omnbudsman. Is that right?

    I did try to call them to prompt them but all I got was the stupid......."Press 1 to pay your bill, press 2 if you would like to blah, blah, blah"

    I know what Id like to do to them!!!!!


  3. #3
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    Default Re: Electric Lemon V Barlaycard

    My temptation would be to complain to Barclaycard but also make them aware of their obligations under the Data Protection Act.I would also send a copy to the Information Commissioners so that they can be made aware what a bunch of s@@@@ Barclaycard really are.


  4. #4
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    Default Re: Electric Lemon V Barlaycard

    I got sick of trying to verbally complain to Barclaycard & have now sent off a lbaicon, as they have failed to comply with my DPA SARS dated 19th Feb.

    I have of course given them 7 days & then will be seeking a court order + damages without any further notice.

    Lets see what they come up with now then???!!!

    ( By the way, I have no idea how to seek a court order + damages!!!). however, hope this has put the frighteners on them to get my statements out to me PRONTO!!!

    They have until the 9th April - OMG...thats today!!!!

    HEEEEEEEEEEEEEEEEEEELP!!

    Actually, should they really have until Wednesday due to losing 2 working days because of the Bank holidayicon???


  5. #5
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    Default Re: Electric Lemon V Barlaycard

    Just thought I would call Barclaycard to see if I could have a reason/any reason why they have failed to let me have my statements within the forty days.

    Very nice girl said that Gail Gray wasnt available (huh!) & that she could see from my details from the computer that this had to be about their non-compliance re SARS!

    She then said as the system was soooo overloaded with people requseting info they just couldnt keep up.

    I told her to employ more people then with all the fat profit that they make from us!

    Didnt go down very well!

    I guess I shall be getting a letter from them soon saying that they have decided to reduce my credit limit! (thats happened already to some others on here).

    I will stick to my guns & get an N1 off once some very kind person assists me & advises - pretty please! Otherwise I could be waiting until Xmas!

    Many thanks.
    Electric


  6. #6
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    Default Re: Electric Lemon V Barlaycard

    Hi All,

    Well, they say patience is a virtue dont they??!!

    Since my last post I was in a quandry as whether to file an N1 to get my statements as Barclaycard hadnt complied with my SARS & lbaicon.

    I had also read alot of threads where there was quite alot of advice about giving B'card more time & that we had to be seen as giving every opportunity to them as if it did get to court a Judge just might have seen an N1 as a little too hasty so soon after an LBA. It made me a little nervous I do have to say.

    Anyway, as I said, I was a little wary of what I should do, & low & behold what should be delivered to my door today but a lovely wadge of B'card statements. Thank you very much!!!!

    And...................... .WOW!!!!! I added up the charges over a 4 year period & they amount to £556, without interesticon!!!

    I am a happy camper!!! This will pay off my entire card completely & leave me with a little bit extra - Ideal!

    I may well just claim the ordinary 8% on this one, as I dont want them to take my card away or reduce the credit limit, & think that if I go for CCI they may be really mean back????

    In addition I am having such problems with my CCI & Capital Oneicon, its put me off doing another one again, know what I mean??!


  7. #7
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    Default Re: Electric Lemon V Barlaycard

    Have just done my spready at B'cards interesticon rate of 27.9%, & on charges of £556 the interest comes out as higher at £564!!

    This makes a nice total of £1120.52 - thank you very much!!

    Letter going off this weekend!

    Think this one may be a battle though from what Ive observed.

    Oh well, I'm ready!

    Electric


  8. #8
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    Default Re: Electric Lemon V Barlaycard

    Hi Electric,

    Thought I would return the compliment and have a quick shifty at your thread.

    Question I do have is how you work out the interesticon. With my Barclaysicon account I have just added 8% to each charge. However you mention 27.9%

    Good luck with it all.
    Ristardoss


  9. #9
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    Default Re: Electric Lemon V Barlaycard

    Hi Risty,

    The 27.9% is their current interesticon rate that Ive applied to them for taking money unauthorised from me over the said period of time.

    I have charged CCI (compounded contractual interest).

    If you look into the 'search' here there is masses of information about it, & theres no reason why we ALL shoudnt be charging CCI.

    Besides when it comes to filing your MCOL you put down that if it went to court you would be happy for the judge to give you the standard 8%, so you really have nothing to lose.

    Good Luck. Why dont you do a spready at what ever your interest rate is. (I actually called Barclaycard & asked them what they were charging me % wise). You can then compare the figures & make an informed decision!

    Best,
    Electric


  10. #10
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    Default Re: Electric Lemon V Barlaycard

    Well, no word yet!

    I now am going to do my lbaicon as B'card have ignored my letter. They probably are mad as hell as Ive claimed CCI!!!

    Oh well, too bad - soon to be MCOL after that. Ho-hum!!


  11. #11
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    Default Re: Electric Lemon V Barlaycard

    Well, They have had 14 days and over to reply - but not a sausage!

    lbaicon now going off.

    Dont like Barclaycard - they make me nervous


  12. #12
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    Default Re: Electric Lemon V Barlaycard

    Where are you with this claim now.
    Thx

    Master Sun SAID:
    Ultimate Excellence Lies Not in Winning Every Battle
    But In Defeating the Enemy Without Ever Fighting.8-)

  13. #13
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    Default Re: Electric Lemon V Barlaycard

    Hi Iggy,

    It took ages to get my statements from B'card & then when I did saw that there were about £556 in charges. With CCI comes to £1120.

    Sent off my first letter asking for my money & have not received a response. Im a little surprised as I have been expecting a letter telly me to go & take a running jump, followed by a letter saying that they are reducing my credit limit.

    They seem to do this alot to people!

    So, I am getting ready to send off my LBA (letter before actionicon), giving them 14 days to pay, & then if they dont its off to MCOL I go.

    How are you doing with yours?


  14. #14
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    Default Re: Electric Lemon V Barlaycard

    Duh!!

    Went to send off my lbaicon, & couldnt find the postage receipt for my original prelim?????

    Cant remember if I definately sent it now???

    Help!

    Shall I just send off another?

    The thing is, the original sheet with figures is dated 11th May.

    Is it allright to send this as if this is the original 1st letter with a prelim even though the date is different - letter dated today 6th June?

    Shall I leave it as the original 11th May just in case I did send it & theres been no reply because Barclaycard are ignoring me!

    OR, should I change the date of the spready sheet to todays date??

    Confused!!

    The thing is Barclaycard are just awaiting someone to cock-up & I dont want it to be me!


  15. #15
    doo doo is offline
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    Default Re: Electric Lemon V Barlaycard

    Hi lemony, thought I would join your thread as I am starting barclaycard now for hubby, can't decide whether to claim 8% or CCI, Barclaysicon are a different ball game to cap oneicon and not sure if I want the hassle. Are you definately going for CCI?

    You could always ring them to check progress and you will then see if they have received your prelim, otherwise maybe re-send it, especially if you are claiming CCI.


  16. #16
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    Default Re: Electric Lemon V Barlaycard

    Hi there Doo,


    I know what you are saying about these characters - theyre the mafia of CC's I think!!

    I am intending doing claim with CCI. I am scared really I am, but know that they wont want to go into that court room.

    Actually I really need to know who has & who hasnt been successful & what their journey has been like. GULP

    It is easier without a doubt going for the 8%, but my letter is done!

    I called B'card yesterday & they denied any knowledge of communication regarding my claim!! Flippin twits!

    I told the woman that I found that strange as I was looking at 2 receipts for correspondance I had already sent. Duh!!

    So, theyre gonna get it!!


  17. #17
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    Default Re: Electric Lemon V Barlaycard

    WELL, WELL, WELL!!!

    Barclaycard take things sooooooooooo personally dont they!!!

    OK, I'm mad!

    I sent off my claim letter on the 12th, saying give me my money, you've charged me £556 & with CCI makes it £1120. You have 14 days to give it back & then I send an lbaicon. You will have 7 days from there & then I shall take you to Court.

    Letter arrived today 9 days later from them saying,

    " We have reviewed your account, blah, blah, blah, & we have decided to reduce your credit limit from £500 to £290 "!!!!!!!!

    What a stupid amount to go down to, & this couldnt possibly be deemed as RETALIATORY could it you Stupid people!!!

    They are soooo TRANSPARANT!! And its unbelievable that they think they can get away with it.

    They have said that I now have to pay £200 pounds immediately to put myself within the NEW credit limit!!!!!!

    Nice lot of notice then!

    Grrrrrrrrrrrrrrrrrrrr

    I shall call them tomorrow & tell them they will have to sing & I will pay the usual amount of £40 by DD like I usually do.

    What a bunch of idiots.

    Is there any letter that I can send back??????


  18. #18
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    Default Re: Electric Lemon V Barlaycard

    helloo?????


  19. #19
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    Default Re: Electric Lemon V Barlaycard

    Well, well, well, things get even more interesting as the days go on with good old Barclaycard!

    Yesterday (Sat), I got a letter from them saying:

    " We dont agree with your claim but as a gesture of goodwillicon am prepared to give you £244, the difference between £25 & £12 of your charges. This will be credited into your account on the 19th of this month".

    Thats most interesting as the letter was dated the 19th.

    And......of course I just had a letter from them on 21st saying we are now reducing your account by "£210". You must pay this now!!!

    What do they think I am an idiot!!

    WOW - I so hope this goes to court as anyone with half a brain ban see how retaliatory this is!!!

    Grrrrrrrrrrrrrrrrrrrrrr.

    Letter going back telling them to shove it & they have 7 days before MCOL.

    AND NOW I CANT WAIT - BRING IT ON!!!!!!!!!!!!


  20. #20
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: Electric Lemon V Barlaycard

    just as a matter of info
    you are not alone in having your a/c limit cut
    thousands have, there was even a page on the bbcnews website [i think] about it, so i dont think you can deem it as retalitory.

    just keep to your schedule and dont keep using the phone, do it all in writting else you have no paper trail if it goes to court [which it wont]

    if you scan a few other threads you should see that they normally cough just before the hearing

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