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.

£19.99 + £1.50 (P&P)




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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    Default Kiff v Barclaycard

    Hi there

    Have been reading through a few of the threads and today received the standard letter saying they've reduced my credit limit from £800 to £590 etc etc. It looks like they have also credited the account, as it was at just under £800 and now stands at £540!! I'm due to send the lbaicon letter on Monday 4 June, so in the meantime, I will contact them to find out exactly how much they have credited my account by, and then will send the rejection letter saying I'll accept this as part payment, but will be pursuing the claim for a full settlement.

    I will also explain this when I ring them, you never know they may cave in! Highly unlikely though, but thought it may be worth a try.

    Has anyone else out there had any success with this tactic?

    Cheers
    Kiff

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  2. #2
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    Default Re: Kiff v Barclaycard

    Well I spoke to Barclaycard and they informed me that £216 had been credited to my account on the 29 May. I informed them that I was claiming for £432 and that I would accept this as part payment but would be pursuing my claim for the full amount and would take it to the small claims court if need be. They acknowledged this, but said little else!

    So they didn't cave in! I'm due to send the lbaicon now, so do I send the rejection letter and the LBA letter, or combine the two?

    Will Barclaycard withdraw their credit, or will they leave it and I just have to claim for the remaining £216?

    Help!!!!


  3. #3
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    Default Re: Kiff v Barclaycard

    Hi, Combine the two, no point paying postage for 2 letters to be ignored! It's unlikely they'll withdraw the offer, so you need to enter it as a negative figure on your spreadsheet e.g. £-216 on the date you recieved it. Spreadsheet should work out the rest.


  4. #4
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    Default Re: Kiff v Barclaycard

    Thanks Jshtr3

    I've sent the letter, so now I guess I give them the 14 days and if I hear nothing proceed with my N1 form?

    I've enclosed the original schedule of charges in this letter. Is this okay? I thought I would check the account the day before I send the N1 and if they haven't withdrawn the £216, then I'll have to amend the schedule to reflect this. Or should I do that now so that the 8% works out right when it gets to court stage???


  5. #5
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    Default Re: Kiff v Barclaycard

    Yes, give them 14days then file. Ammend your spreadsheet by entering gesture of good willicon in the charge column and the amount refunded as a negative £-216 and the date you recived it. Spreadsheet should do the rest. You must do this before you file your claim. EDIT Told you this already ERRRRRRRR


  6. #6
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    Default Re: Kiff v Barclaycard

    Thanks for that.

    Am I being thick?! Do I amend it after the 14 days or now? Sorry, just want to get it right.

    I've also discovered today that I've used an old Prelim template letter which doesn't mention the paragraph re the T&Cs etc. When I send the lbaicon today, is it okay to amend the new one a little as it refers to the previous request for T&Cs in the Prelim (which obviously aren't mentioned in my Prelim). Would it be okay if I draft something and you look over it for me?

    Thanks
    Kiff


  7. #7
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    Default Re: Kiff v Barclaycard

    I had the same issue with my lbaicon last week. I just ammended mine to "please send me a copy of ......." From what I understand it's clearer that credit card charges are penalties due to fixed payment dates, stricter limits etc. so not as important to have T&C's but still worth asking for and having. Change the spreadsheet now as it ties in with you accepting offer as part payment. Hope this makes sense.


  8. #8
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    Default Re: Kiff v Barclaycard

    Thank you so much jshtr3, you're a star.

    I've amended the spreadsheet, have attached it to the lbaicon and it's in the post today.

    More waiting now!

    thanks again
    Kiff


  9. #9
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    Default Re: Kiff v Barclaycard

    More waiting now!
    Yeah, but it's kind of like waiting for Christmas!


  10. #10
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    Default Re: Kiff v Barclaycard

    I've received the standard reply I believe:

    'Dear Kiff

    I refer to you letter dated 4 June. I note that you are dissatisfied with our offer to refund £216.00, however our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

    As previously advised, when your Barclaycard account was opened, you signed and agreed to our T & C and this included details of our charges. The information provided at application stage clearly explains our obligations to our customers as well as their obligations to us. If we make any changes to the T & C we provide details of these to our customers.

    I appreciate that this may not be the outcome you expected, however I trust that the information I have provided has clarified Barclaycards position.

    Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the fosicon. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter I will close my complaint file in accordance with our usual practice.

    Yours sincerely

    Deborah Thompson'

    Should I send them a response giving them an extra 7 days, or should I just submit my N1 now? I'm on holidayicon for the next few weeks, so the N1 may have to wait until after then anyway.

    Any advice out there?

    Thanks
    Kiff


  11. #11
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    Default Re: Kiff v Barclaycard

    **bump**


  12. #12
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    Default Re: Kiff v Barclaycard

    If you are going to be away - it is really up to you how you proceed.

    I guess another 7 days wont hurt.

    Good luck!


  13. #13
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    Default Re: Kiff v Barclaycard

    Thanks Moneyhelp

    Their seven days are up. I've had a couple of 'sorry you're not happy with our refund amount, no more we can do, blah blah blah' letters. I'm going to fill out the N1 tomorrow and send it off asap.

    Watch this space!

    Kiff


  14. #14
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    Default Re: Kiff v Barclaycard

    As long as you give them the minimum allowed before filing a claim, which is 28 days its fine.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  15. #15
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    Default Re: Kiff v Barclaycard

    Thanks Livelylad,

    I sent the Prelim on the 21 May, lbaicon on 7 June, so they've had plenty of time. I should've claimed earlier but have had family holidayicon in interim! Back on course now though.

    Cheers
    Kiff


  16. #16
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    Default Re: Kiff v Barclaycard

    Finally managed to get the N1 and fee off to my local court today - hurrah! The court is currently 5 working days behind with all the paperwork, so shouldn't expect much for a couple of weeks!


  17. #17
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    Default Re: Kiff v Barclaycard

    They might get to it sooner, but at least you have it filed.

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  18. #18
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    Default Re: Kiff v Barclaycard

    Have rec'd Notice of Issue from the court - they have until 14 Aug to Acknowledge.



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