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


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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    marksteps Novitiate

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    Default Barclaycard Credit card

    Can i claim on this?And how far back? Im interested in going for it, reading otherposts, it looks as if i could be successful.Would the initial letter be like the one i used for the bank etc?
    I have changed cards over the years, either by losing them or having them stolen. Would that affect anything ie will they have records of me going OD on old cards.

    x

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  2. #2
    Lueeze
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    Default Re: Barclaycard Credit card

    Now tuttut!!!!!!

    You know the rules, read read and read.....


  3. #3
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    Default Marksteps Vs Barclaycard

    Im stalling from attacking Barclaycard because i want to see if there is a way round this! I need the years 2001 to 2004 which i wont get from my DPA what can we do??




  4. #4
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    Default Re: DPA only gets us 2004 onwards...

    Quote Originally Posted by marksteps
    Im stalling from attacking Barclaycard because i want to see if there is a way round this! I need the years 2001 to 2004 which i wont get from my DPA what can we do??

    Am I missing something..why not?

    Alan, Derby, UK.



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  5. #5
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    Default Re: DPA only gets us 2004 onwards...

    Because B/card won't send them, Alan. They hide behind the Microfiche argument. Have a browse at the B/card threads, you'll soon see what OP means.

    Mark, they will send you the semi-useless printout though, and since they've said they only started charging from mid-01, you should be able to estimate an amount from there. If the amount is too high, or they have refunded, let them prove it, and then explain to a judge why this info wasn'tmnmade available to you.

    Or you can hit them with a S 9 court claim to force compliance. Takes a bit longer, but you'll get the right data to claim.

    .

    Apologies to people who I was in the process of helping, I may be gone some time.

  6. #6
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    Default Re: DPA only gets us 2004 onwards...

    Prepared my DPA letter to be sent first thing in the morning...

    Also enclosed a cheque for £10


  7. #7
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    Default Re: DPA only gets us 2004 onwards...

    They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour to be shared but here it can take awhile longer.

    Now if you have or see some one in your position you can pass it on

    BL


  8. #8
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    Default Re: DPA only gets us 2004 onwards...

    They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour :grin: to be shared but here it can take awhile longer.

    Now if you have or see some one in your position you can pass it on

    BL


  9. #9
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    Default Re: DPA only gets us 2004 onwards...

    hi not sure if this is the right way to go but I requested 6 yearsicon from barclaycard and got 2 years, i worked out how much they had charged me in 2 years and multiplied by 3. here is the prelim letter i sent, i assumed if they where to argue and wanted to go to court then they would have to provide the six years information anyway as they had breached dpa, and I would be happy if it was less as long as it was what i had been charged. I highlighted that it was estimate due to lack of statements they were able to provide.... maybe moderator can see if this is a good way to go I will keep you up to date lbaicon due out on 7th june....then moneyclaim 14 days later.... DONT MIND TELLING JUDGE IT WAS ESTIMATE AS BARCLAYCARD DISREGARDED THE DPA 1998...

    copied this from parkes v barclaycard this is what I am trying see what happens???

    I always request email from them to say they have received letters so I have copy if it does go to court..


    Customer complaints department
    Barclaycard
    1234 Pavilion Drive
    Northampton
    NN4 7SG

    24/05/06

    Dear Sir/Madam,

    CARD/ACCOUNT NUMBER:

    I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

    *I estimate that you have taken £1680 plus £134.40 which you have charged me in interesticon for the sums which you have taken. Total £1814.40
    Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

    *The reason I am estimating these charges is that you say you can only provide 2years information (may 04 until may 06) under the data protection act. I find this to be untrue and unlawful and a separate letter will be sent to the information commissioner to report these actions. I am willing to be advised if this amount is incorrect of the true amount, once this information is received and then can be adjusted accordingly.

    In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendmenticon to the entry will not be acceptable.

    I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

    Yours faithfully


  10. #10
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    Default Re: DPA only gets us 2004 onwards...

    I am willing to be advised if this amount is incorrect of the true amount, once this information is received and then can be adjusted accordingly.
    You require proof that your estimate is wrong as well or let them prove it in court , as we all know they won't


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
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  11. #11
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    Default Re: DPA only gets us 2004 onwards...

    so I take it this is okay to do then????? If this is the case why is this not done by everybody having difficulty getting 6 yearsicon or more statements...Is this the way to go


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    Default Re: DPA only gets us 2004 onwards...

    I have not heard back yet but i like the above letter. Clarification on sending this would be helpful.




  13. #13
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    Default Re: DPA only gets us 2004 onwards...

    I paid for the 3 additional Statements at £3 each and I hope to claim this back as well.

    HSBC, FS £100
    Hfax Credit Card Full Settlement £330
    Lloyds FS £503 (had to do moneyclaim + allocation questionaires
    Halifax Full Settlement £979
    Lloyds Credit Card Moneyclaim raised.

    03/05/06 Fraud case with Egg resolved after 2 1/2 months!, full refund of fraud amount+interest+charges (£1060). Apology and cheque for £300 - BBC Working Lunch helped scare them into action.

  14. #14
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    Default Re: DPA only gets us 2004 onwards...

    Incidentally, is there any way you could go "oh you guys owe me 5k" which is way more than they owe me, but then they would have to prove in court they dont?

    ANY THOUGHTS?


  15. #15
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    Default Re: DPA only gets us 2004 onwards...

    lets not become them, follow the rules or the judge will see the greed....


  16. #16
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    Default Re: DPA only gets us 2004 onwards...

    Go back a few posts in my thread and see Robertcx's coments on the subject. A non-starter, I'm afraid...

    .

    Apologies to people who I was in the process of helping, I may be gone some time.

  17. #17
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    Default Re: DPA only gets us 2004 onwards...

    Quote Originally Posted by breadline
    They will do eventually, the site is growing and sometimes different procedures take time to get around. Now where i live it would only take an hour to be shared but here it can take awhile longer.

    Now if you have or see some one in your position you can pass it on

    BL
    i have no idead what to do regarding bank charges, can you please help


  18. #18
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    Default Are they sending DPA requested statements?

    Just wondering who is/has had problems with Barclaysicon in respect of getting statements from them?


  19. #19
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    Default Re: Barclaycard Credit card

    Bumping back up folks...


  20. #20
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    Default Re: Barclaycard Credit card

    The statements i received where for May 2004 onwards with only one £25 fee!
    I have just printed my next letter ready for posting Monday morning 9 am sharp for non-compliance....
    They say i have to pay £3 per statement prior to April 2004.

    This is the correct next steps right??





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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE