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.

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 Contractual Interest with BC

    Hi all,

    I wanted to know what your experiences of claiming contractual interesticon with Barclaycard are. I've been reading around on the subject and get the impression that the success rate is not as great as going for just charges. I did read that from an old post so this may have changed....

    Anyone out there been successful claiming contractual interest on CREDIT CARDS?

    Thanks,
    K


  2. #2
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    Default Re: Contractual Interest with BC

    no experiences?


  3. #3
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    Default Re: Contractual Interest with BC

    Hi there Special K,

    I am awaiting B'card to reply from the sars I sent - now 40 days ago - no joy so I am ready to officially complain to the B.O.

    As far as contractual interesticon is concerned - many have done it & been successful as the banks/credit card people just are desperate to keep out of a court room.

    You can easily explain that claiming contractual is your right as they (the bank) charged you just that themselves.

    I know of quite a few that have been successful with Capital Oneicon credit card & GE capital, however I dont know of any that have been successful with B'card.

    Thats not to say you wouldnt be, & my opinion is that the likelihood is you (& I) would probably be successful as if it got to court the worst that could happen is that the judge would ignore the contractual & just give the standard 8%.

    But I dont think B'card would risk it going inside a court room as then they would have to divulge just how much it costs to charge us. Soooooo, they would be going till the last minute but then buckile, give way & pay up.

    Have you got a contractual spreadsheet to use?? Im still trying to find one that a) I can access easily b) I can understand c) be as simplistic as possible!!!!

    Theres absoloutely no reason why contractual shouldnt be sought, so stay in touch - I may just become your contractual B'card buddy!!

    Best wishes,
    Electric Lemon


  4. #4
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    Default Re: Contractual Interest with BC

    Hi Special K,
    I have claimed contractual interesticon with Barclaycard and my court date is 30th April. I fully expect them to pay up before then as they have failed to comply with the Judges Directions, and theres every possibility that the defence will stand struck out and Judgement given as per the Judges orders. Just a waiting game. You have nothing to loose if you claim Contractual, you could always accept the 8% if you do not want to hold out. None of the banks have actually gone to court let alone disclose details of how much it cost. I have actually been sucessfull with Capital Oneicon and received full contractual interest. If I had been a bit more cleverer I should have gone for compound interest, that would have increased the Interest sums greatly.
    At the end of the day it is your money and you must make your own choice.
    DS


  5. #5
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    Default Re: Contractual Interest with BC

    Im still confused between contractual & compounded silverstein???

    Can you explain please??
    And where did you get your spreadsheet from??

    Many thanks


  6. #6
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    Default Re: Contractual Interest with BC

    Quote Originally Posted by electric lemon View Post
    Im still confused between contractual & compounded silverstein???

    Can you explain please??
    And where did you get your spreadsheet from??

    Many thanks
    Compund interesticon is based on accumaltating the interest, so it multiplies over and over, like what the banks charge us. Contractual, is the rate the credit card company charged you. I used Vamps spreadsheet which I believe is being re-vamped, but if you look in the template liabrary, I am sure you will find reference to one in there. Basically, Vamps spreadsheet, all I had to do was to put in the date and it calculated how many days up to the present day, I put in the contractual rate, which I found on my Credit Card Statement, and I put in the amount they charged, this then calculated the amount of interest on a simple term basis.
    I hope that has helped you.
    DS


  7. #7
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    Default Re: Contractual Interest with BC

    to clear up contractual interesticon is compounded.

    The confusion arises because people use these terms without understanding what the terms mean and the use them to describe the wrong thins. Well sometimes anyway.

    The term compound interest applies to the way the interest is applied to the original stake. You apply interest at a given period say daily, then this gives you the stake plus interest, the following day you do the same to the previous days total (i,e, stake plus interest) and so on.

    Contractual interest is a way of describing the rate and method of applying that rate. Contractual interest can be authorised or unauthorised or any other rate mentioned in your contract with the bank.

    As to what you can claim

    your charges
    interest you paid as a result of those charges (often referred to as contractual interest)

    Then you can charge the bank/cc company interest at 8% simple interest
    (often called Sec69 or CCA interest) or you can charge them contractual interest (typically people ask for unauthorised for banks and cash advance for cards)

    I have claimed contractual from Barclaycard and MBNAicon in the sense i have claimed back what i paid AND charged them the cash advance rate and got it.

    HTH

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

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    Default Re: Contractual Interest with BC

    Hi all,

    Lots of great stories there to keep my motivation up. I might as well ask Barclaycard for a pony as well, seeing as they are so desperate to stay out of court!!

    Dsilverstein, I used the spreadsheet that Vamp provided, I don't have a link to the specific one but I found a few in the templates libraryicon and picked the most relevant - they all have very clear explanations.

    K


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    Default Re: Contractual Interest with BC

    Good luck with your claim, if you get stuck just ask!

    I am sure Glenn is much more learned than I, he has a wealth of experience in his dealings on this site and I am sorry if I mislead you in any way, but how I explained it to you was how I understood it.

    Regards
    DS


  10. #10
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    Default Re: Contractual Interest with BC

    Hi Glenn,
    Have been reading about your claim with Barclaycard which was successful. Well done!

    I am claiming CCI with Capital Oneicon & am interested in doing the same with B'card, however it appears that they get a bit Sh**ty when people do & either reduce the CC limit or cancel the card.

    I dont want them to do either really!! Especially as I have been reasonably good with my card over the years I have had it.

    Couls I ask after your success did you still keep your card or were they funny with you?

    Thanks.
    Electric


  11. #11
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    Default Re: Contractual Interest with BC

    LOL all my accounts were closed, although they did try to pay the moeny back into the account!!!

    I had short settled a while earlier and so perhps they thought they would offset it against that, funny thing is i didnt agree.

    If your record is good then they have no justifiaction in closing your account, if they reduce your balance and this makes you indur further charges then write to the finacial Ombudsmanicon and complain as they are taking retaliatory action agaisnt you.

    utlimatemly they may not take any notice and close your account or whatever, seems to me its a small price to pay for getting back moeny unlawfully taken from you.

    Oh and i have gone from having several store cards, credit cards and loans to having one debit card and apart form a mortgageicon no other loans.

    Im still alive and sitll manage to eat and drink, i suspec that most of us would manage once we get to the stage where we are largely free from debt.

    Best of luck

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  12. #12
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    Default Re: Contractual Interest with BC

    LOL back!!! Oooh-Err

    Well, thats that answered then!!

    I have generally always run my card well. i.e. Never had them ringing me or the like for payments. My charges have come from either being slightly late i.e. only up to a week late, or going over by very small amounts - max amount I have ever gone over by has been £19 & that was because of a charge!

    I hate the interesticon rate on CC's but do like to have just one as there are some things that in life it seems you are asked to have one for.e.g. staying in hotels that sort of thing.

    It would be an inconvenience not to have one really. I dont want loads just this one, so you see am nervous!

    I have a feeling that by claiming the standard 8% they will prob be ok, but if I go for CCI they may well be OUTRAGED & then I will have shot myself in the foot!!

    Helllllp!!


  13. #13
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    Default Re: Contractual Interest with BC

    By the way its not a huge amount - £556 over the years. Thats without interesticon.


  14. #14
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    Default Re: Contractual Interest with BC

    FWIW as far as i can make out simply instigating a claim is enogh for them to throw their toys out of their prams. So i think i would go for it, you can always use it as a bargainiang tool of you feel fit.

    Ultimately the choices are for the individual to make.

    HTH

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA


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