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.

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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.

£13.95 + £2.00 (P&P)


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  1. #1
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    100mel Novitiate

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    Default Barclaycard - their response to me

    I submitted my claim to Barclaycard. They have offered refund of charges back to £12 charge. Their latest letter states that I have broken terms and conditionsicon and that this is their position. They suggest FSO and give me 8 weeks for response. So wondering what to do next?

    What sort of responses has everyone else had with Barclaycard? I assume that my only move is another court claim but having two in process already possibly I'll have to wait a while before doing this

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  2. #2
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    Default Re: Barclaycard - their response to me

    It is a standard response, I have carried on with my claim, they will also put the amount they think is right onto your account and then you have to send rejection letter.


  3. #3
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    Default Re: Barclaycard - their response to me

    Quote Originally Posted by 100mel View Post
    I submitted my claim to Barclaycard. They have offered refund of charges back to £12 charge. Their latest letter states that I have broken terms and conditionsicon and that this is their position. They suggest FSO and give me 8 weeks for response. So wondering what to do next?

    What sort of responses has everyone else had with Barclaycard? I assume that my only move is another court claim but having two in process already possibly I'll have to wait a while before doing this
    Do you have an outstanding balance? If so send them a CCA request;

    http://www.consumeractiongroup.co.uk...templates.html

    Letter N

    You might be surprised at the outcome.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

    A to Z index
    http://www.consumeractiongroup.co.uk...hat-youre.html

    ......................... ......................... .........................

  4. #4
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    Default Re: Barclaycard - their response to me

    I was!

    Did you just fill in a Barclaycard "Priority Application Form" that came in the post by any chance?


  5. #5
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    Default Re: Barclaycard - their response to me

    Can you elaborate on the CCA request abit for me please? I have an outstanding balance on my account and I'm about to request a big refund from them, so if there's something here thats applicable to me...........

    Thankyou!


  6. #6
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    Default Re: Barclaycard - their response to me


  7. #7
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    Default Re: Barclaycard - their response to me

    You send off the template

    Creditors and DCAs - Letter Templates & Budget Planner

    Letter N

    They have to supply you with a copy of your original Credit Agreement within 12 working days.

    If they dont, you can stop paying them, the debt is unenforcable and you can walk away waving two fingers at them.

    Lots of ins and outs, but thats about it.

    I sent that template to Barclaycard last October, stopped payig them last November and havent heard a damn thing from them since.

    Oh yeah, you can also get all the interesticon baack that you youve ever paid.

    No credit agreement = no interest = no debt


  8. #8
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    Default Re: Barclaycard - their response to me

    Quote Originally Posted by noomill060 View Post
    That might be a rather large read. LOL.

    It boils down to the Consumer Credit Act 1974 and the obligation of a creditor to supply a copy agreement, for the princely sum of £1.00. If they can't (and it looks like most can't), it would appear that the agreement is not enforceable.

    Edit I must be getting old, too quick for me noomill060

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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  9. #9
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    Default Re: Barclaycard - their response to me

    Yes, that thread ihas grown a little!

    Basically tells you what to do in the first few pages. The thread starter got a £2000 wiped after sending about three letters.

    The rest of thread is about others asking advice about how they can do too and all the legal technicalities.


  10. #10
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    Default Re: Barclaycard - their response to me

    Ok, thanks. I've read that thread a while ago, your post just made it sound like there was a high probability that that they wouldn't have a record and that by CCAing them they're more likely to sort things quickly and in your favour.

    I'll probably re-read that thread next week when my exams are over, but in the meantime, if you could help me out a bit that would be fantastic:

    Should I claim my charges + interesticon back first, then disown the debt, will disowning the debt over-complicate my claim?

    Are Barclaycard likely to use my repayment to pay off my debt without my permission, thus making it harder to disown the debt?

    Are they likely to have a copy of my application form, given that I signed up for a student credit card on campus 6 yearsicon ago?

    Any other advice very gratefully received!

    Cheers.


  11. #11
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    Default Re: Barclaycard - their response to me

    Oh yeah, and if I walk away from the debt and they try to enforce it what are the hoops that me and them would have to jump through and can they adversely affect my credit rating and cause me to have to fight back?


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    Default Re: Barclaycard - their response to me

    Oh yeah, and another thing, while I'm on a roll lol..... If on the one hand I'm saying I don't own the debt while on the other I'm saying give me all my charges back, how does that one sit?

    Is the standard process of court action by myself, following the guidlines on here still appropriate under these cicrumstances? It sounds to me that if I say it's not my debt then I'd be looking at some sort of theft case to recover payments to their company, though most of these payments have been sent by myself by..........erm........mi stake I guess??

    SHould probably read the thread really I guess............


  13. #13
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    Default Re: Barclaycard - their response to me

    yup


  14. #14
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    Default Re: Barclaycard - their response to me

    If they cant produce the agreement there is no agreement and never has been.

    If there is no agreement, you never agreed to pay them interesticon.

    If there is no agreement, you never agreed to pay any charges.

    If there is no agreement the creditor is stuffed.


  15. #15
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    Default Re: Barclaycard - their response to me

    If there is no agreement, how the **** are they going to enforce it?


  16. #16
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    Default Re: Barclaycard - their response to me




  17. #17
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    Default Re: Barclaycard - their response to me

    You can find out if they have an agreement by CCA-ing them.

    only costs a quid....


  18. #18
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    Default Re: Barclaycard - their response to me

    And if they cant produce an agreement, theyve committed an offence and you can claim all your charges and interesticon back.

    And the interest you've paid on the charges and interest.



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