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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
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re: barclaycard goodwill gesture


antz99
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Hi guys,

 

Just joined today and using the website to the full effect lol..

 

I contacted Barclaycard about MY PPI payments about a week ago, as I had been paying it for a few yrs and never really challenged it .. stupid I know

 

Gt my card about 4 yrs ago and only had a 300 limit but had PPi dont remember ever even having it or signing for it..I gt 2 letters this morning

 

letter 1: was about the PPI stating that I must of known it was there and have never challenged it and that they will have the original document within 4 weeks to show me and that I could not claim my PPI back

 

letter 2: I only briefly mentioned high charges in the letter for late payments and going over limit... the letter offered me the difference back and amounting to £230 and saying it will show in my next statement

 

My question is can I serve the rejection letter even though I have nt any info on actual charges or have sent any of the beginning letters which state the amount sought and the deadline. Can I just write a letter back asking for the whole amount with reference to her letter, as waiting for statements will push me back and the money will be in my account..

 

Can one have the missed payments put on experian taken off .. I only ask as people have mentioned this on threads that I have come across

 

thanks

 

Ant

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Hi Antz and welcome to the BC forum.

 

PPI Wait to see what they come back with about this.

 

Charges If you don't have the a/c statements, you need to get these from BC by sending an SAR with the £10 fee. Send it to BC by Rec'd Del'y.

 

Also send a separate letter rejecting their offer to refund £xxx.xx saying it is not acceptable and they can take any refund back if they wish. If they leave the refund in your a/c, you can deduct this amount from the final settlement figure you reach with BC.

 

If you haven't yet done so, read the Reclaiming Guide in Link No1 in my signature below.

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thanks for your advice ..

 

I will wait on the PPI

 

I will send a letter stating that I do not accept the offer .... do I just look for the SAR on this website ... whats the best address to send my SAR too?

 

Do you have any advice on a case I heard of when a credit card company had charged a customer £400 in late fees and over agreed limits .. but he agreed to have the late marks on his account on experian taken off in exchange for the CC company not paying the payments back

 

thanks ANTZ

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Hi Antz,

 

Read the Link No1 as stated and you'll find SAR letter along with lots more.

 

Send the SAR to:-

 

Barclays Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

Re. the case you heard of, if you have suffered penalty charges on the a/c, you are entitled to have them repaid along with any interest you have been charges on those penalties. I'm not aware of any trade-off to get defaults removed by NOT reclaiming penalty charges.

 

If you have defaults against you for this a/c, there may be ways to get them removed. See here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You will learn much by reading other members' threads in the appropriate forums. You'll then be in a better position to decide how to deal with your own circumstances.

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Thanks slick

 

I know I thought It sounded a bit strange ..... I dont have any defaults .. just some missed payments oooppsss but obv these can not be overturned although the PPI did make my minimum payments much higher than they should of been.

 

I will send the letter to reject their offer of partial payment by saying what you said...

 

Is it always important to tackle the two areas in seperate letters e.g PPI and late payment charges

 

thanks again

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Hi Antz,

.. just some missed payments oooppsss but obv these can not be overturned
Sorry, don't quite follow here. If you suffered any penalty chgs on the a/c, you can reclaim them, hence the SAR.

 

I would do separate letters regarding PPI and penalty chgs - if you issue court action, you can then have the relevant letters ready to produce in court. You can put the letters in the same envelope to save on postage.

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"Also send a separate letter rejecting their offer to refund £xxx.xx saying it is not acceptable and they can take any refund back if they wish. If they leave the refund in your a/c, you can deduct this amount from the final settlement figure you reach with BC".

 

Is there a template for rejecting the first offer .....and explaining what you said slick

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Select the most appropriate letter from here and adapt to reflect your case - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Just a thought about the defaults which you say cannot be removed. You could send them a CCA request to see if they have the original Agreement setting out everything properly.

 

If they don't, you could get the defaults removed on that basis. It'll cost you £1.00 which you send with Letter N from here - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

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Thanks got the template as they have transfered the money into my account

My case is slightly different as I have been offered the difference between the £20 and £12 and obv I am going to write back rejecting this.

 

However where my case differs is the original letter I sent to barclaycard was for the PPI and I mentioned the charges .. so I did not sent a standard letter so I have never given them time frames as the letter was nt a template asking for the charges back

 

HOW can I change the rejection letter for someone who has not sent one of the first requests for charges , and also as I have yet to receive my statements back can I just say I WANT ALL CHARGES BACK

 

I HAVE TO OBV SEND SOMETHING BACK TO REFUSE THIS FIRST OFFER THEY HAVE SENT ME

 

THANKS

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Ltr to BC.

 

Dear Sir or Madam,

Account No xxxx xxxx xxxx xxxx

I refer to your letter of xxdate which offered to refund £xxx to my a/c. I reject this offer as it does not reflect the full amount of penalty charges made to my account.

If you have credited this refund to my account already, I hereby authorise you to remove it if you wish. In the alternative, it can be taken into account when we negotiate on a settlement figure for the refund of my charges.

I am awaiting my account statements from BC to quantify the total charges I will reclaim and will be in touch further accordingly.

Yours faithfully,

Get your SAR sent off with the fee. Once you get the statements, quantify your claim by filling in the spreadsheet (SOC) and THEN you will send your Prelim Letter to BC.

 

Then it will all run smoothly. :cool:

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Just to inform you all that I have received a letter from Barclaycard offering me the full amount back including interest. I am delighted and will be donating my 5% to this very helpful website thanks to all that have offered me advice especially slick132.

 

I would like to know peoples opinions If I can do anything regarding the late payment markers that were placed on my credit file in relation to a late payment fee which resulted in me missing a few later payments as I was unable to cover the cost of the charge which was actually double my actual monthly payment which resulted in the situation spiralling and always chasing my tail and resulting in a few missed payments although I have now received this money back. (I was a student at the time).

 

Any advice.

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Hi Antz,

 

Excellent news and CONGRATULATIONS !!

 

Re the Default/Late Pay't Markers on you records, send off the CCA request that I linked in post #9 above.

 

If they don't have the proper CCA document showing all that is required, you can demand that they remove any data about you regarding this a/c.

 

Other opinions welcome, of course.

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Hi Antz,

 

Re your PM, send the CCA request and £1.00 fee to :-

 

BARCLACARD.

PO Box 5592.

NORTHAMPTON.

NN14 1ZY

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Thanks for that, which the Site and users will benefit from. :)

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  • 2 weeks later...

sent my CCA request last Monday (Recorded) the post office have not updated me if It has been received or not its been a week so maybe it has got lost.

 

Is it advisable to send another CCA request this time special delivery and give them the time frame to reply again.

 

thanks

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It's unlikely to have been "lost" but you should chase this up with the PO.

 

Quickest solution if the letter is not signed for in the next day or two - send a new CCA letter and fee.

 

Get a Certificate of Posting (free) at the PO when you post it.;)

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I have decided to send CCA again with my £1 PO...

 

gonna send it to the Northampton address

 

who should I address it too, any departments or names anyone know of for a CCA

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Hi Antz,

 

BARCLACARD

PO Box 5592

NORTHAMPTON

NN14 1ZY :)

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Hi Antz,

 

Just send CCA request and fee off to the address I gave - it'll work. ;)

 

The OFT test case has no bearing whatsoever on credit card charges.

 

To save on postage, just get a (free) Certificate of Posting when you send off the letter at your post office.

 

Let us know what reply you receive.

 

Have BC credited the refund to your a/c yet ?

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  • 3 weeks later...

Hi all

 

coming to the end of the 12 working days (tomorow is the final day) I have given BC to produce what I have asked for after sending them my CCA request. It Looks like they have decided not to play ball they obv think I will just forget hmmmm :p

 

next stage.................................

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