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.
If you need someone to help put your boxing gloves on - give me a call!
Good luck,
Sarah
BARCLAYS - £9,807.75
Data Protection Act SENT - 13TH JUNE 06
PRELIMINARY SENT - 13TH JUNE 06
LBA SENT - 4TH JULY 06
:o CLAIM FOR £9,707.75 FILED - 17TH JULY 06
CLAIM SERVED 1ST TIME - 20TH JULY 06 CLAIM SERVED 2ND TIME - 22ND JULY 06 CLAIM SERVED 3RD TIME - 2ND AUGUST 06
ACKNOWLEDGEMNET OF SERVICE - 14TH AUGUST 06
DEFENCE RECEIVED - 30TH AUGUST 06
ALLOCATION QUESTIONAIRE - 18TH SEPTEMBER 06
ALLOCATED TO FAST-TRACK - 28TH SEPTEMBER 06
STANDARD LIST OF DISCLOSURE
(BY LIST) AS ON COURT ORDER - 1ST NOVEMBER 06
lba going tomorrow. My deadlines are not being respected. Don't follow my example, kids!
Mind you, they haven't even acknowledged my Prelim, cheeky sods. Maybe they're hoping I'll go away... Fat chance...
LBA going to Cust Relations at Churchill Place, see if I get a better result. Oh yeah, and they've banged on another charge, this time for going over by a tenner. Darn.
Apologies to people who I was in the process of helping, I may be gone some time.
Don't ask... CAG takes so much of my time, I am the worst for keeping to my deadlines. Just as well, as they've seen fit to add more charges...
Prelim, lba, and then, just to be kind, a final 7 days LBA. Nothing, not a peep, not even the standard "we'll get back to you whenever..."
They have until 15/05/07 to file defence.
It should be interesting, as there was only 4 charges, I was able to list them on my MCOL with dates. I wonder if the defence will still say that I didn't characterise the claim enough?
Still signed by my ol' pal Adrian St John, btw, he's lasted longer than the rest, hasn't he?
Apologies to people who I was in the process of helping, I may be gone some time.
I have successfully recovered bank charges from First Direct, and we're on the second part of the dance with Lloyds - the one where we bring in the Small Claims Court, but Barclaycard are another story. I have now written to them three times since the beginning of the year, asking them for copies of my credit card payments, and even enclosing a cheque to cover their costs. The cheque has not been cashed, and I've not heard a word from them. It is time to go to the Information Commissioner?
Well, first, you need to start your own thread, call it tango15 v Barclaycard, and ask your question there, because what you are doing here is hijacking my thread. No big deal in itself, you might think, but it means that anyone trying to follow my claim will soon get confused with your story.
In answer to your question, give them a call and find out what's happened, but make it clear that you have proof of sending payment, and that the DPA states the 40 day ticks from the receipt of payment, whichis deemed to be 2 days after you sent it, and that if they choose not to cash the cheque, that's their choice, and does not exonerate them from their duty under the DPA, and that they have x days left to comply.
Apologies to people who I was in the process of helping, I may be gone some time.
Thanks Bookworm, and apologies for hi-hacking your thread. Feel free to delete my post.
In closing I must say that of all the banks, I have always found Barclays the most difficult to deal with. Once when my employer paid my salary into the wrong account, (also in Barclays), it took me a month to recover it. No doubt the branch was rubbing their hands at the thought of the interest!
What is it with MCOL, Barclays and me? My 1st Barclays claim, MCOL cancelled by accident, and I had to restart it.
This time, they have sent me a "notice that claim has been paid", to which is attached... the defence... :-?
No biggie, one could say, except that it means I now have to write to MCOL to say I wish to carry on with my claim, instead of them passing it straight to Croydon Court... More delays... *sigh*
I have pointed out in my letter to MCOL that fellow CAGgers have had the same problem last week, and making them respectfully aware. Hopefully, they'll get their act together before it happens to more people.
Barclays defence? Oh, the usual:
Bla-bla, strict proof, summary in nature (well, duh, have you SEEN how much space MCOL allows? ), defendant is entitled to charge me, it says so in the T&Cs, fair and transparent view of those terms, not liquidated damages clause, etc...
Best of all, is para 10, where charges prior to 12th April 2001 are time-barred because of SOLA 1980.... Errrr... Except that my claim is for 4 charges incurred between June 2006 and now.
Para 11, the new-ish "if I win, then we will claim our real losses against claimant". Oooh, I'm scared.
Apologies to people who I was in the process of helping, I may be gone some time.
Ok, so I'm thinking I still haven't heard from the courts, I'll give MCOL a call to see if the hang-up is at their end or Croydon's.
Well... it would appear that B's defence has got lost in MCOL offices, hardly surprising, they have got 800 to get through!!! Anyway, mine's not there, so she said they would re-request from B's. I said: well, I have it, so I have to fax it through and she will process it to forward to Croydon.
Bang goes a chance of a settlement any day soon, hey... Honestly, do these things only happen to me? My first claim was accidentally cancelled by MCOL, now this! Good thing I am not the panicky type, really.
Oh well, onwards and upwards, hey...:-|
Apologies to people who I was in the process of helping, I may be gone some time.
MCOL sent me copy of the defence I had faxed them in the first place and claim has been transferred to my local court. aq has been dispensed with, unless local court decides otherwise.
One little step closer to getting my money back. Feels too much like hard work sometimes.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Bookworm v Barclays - Round 2 - Hearing set 30/08/07
Ok, so I finally got a letter from Croydon this morning!
Hearing date - 30th August 07, at 14.00 - 2 HOURS allocated to hearing.
Directions are as follow: (I used the draft order from Library, judge didnt use. )
Each party shall deliver to every other party and court office copies of all docs on which he (sic) intends to rely at the hearing. these may include:
the contract
witness statements
experts' reports
photographs
invoices for work done or goods supplied
estimates for work to be done.
The copies shall be delivered no later than 28 days before the hearing.
The original docs shall be brought to the hearing.
Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and included in the documents mentioned. Ti sincludes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.
Defendant serve and file a Breakdown of the amount charged showing how same is calculated with his copy documents.
Parties should note that the court may not take account of a document or witness's evidence if the document, statement or report has not been signed.
etc, etc...
Pay attention to the parts I have bolded.
Also the date. In effect, 3 weeks to file court bundle and for Barclays to provide a breakdown of their charges and how they reach their £30-£35 amounts.
I think the judge is well clued up on the banks tactics and is looking to clear his docket faster rather than later, so they can re-allocate the hearing date. IMO.
Shall I phone them now, do you think?
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Bookworm v Barclays - Round 2 - Hearing set 30/08/07
Hi Bookworm
"Directions are as follow: (I used the draft order from Library, judge didnt use. )"
but I presume that the judge has taken it on board and infact just re-worded your Draft in as much as he has requested pre-hearing
"Breakdown of the amount charged showing
how same is calculated."
What's the betting when you phone Bs, they claim they haven't received the court's Directions?
3 Active Claims:
Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
Barclays Refund of Bank Charges (Joint account) - Awaiting court date
Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.
3 Wins : Barclays t/a The Woolwich (Data Protection Act breach costs & compliance) HSBC (on behalf of brother)
Settled Out of Court - £3,874.76 Alliance & Leicester (on behalf of friend)
Settled Out of Court - £723.41
Bookworm v Barclays - Round 2 *STAYED*
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CLAIM SERVED 1ST TIME - 20TH JULY 06 
Originally Posted by Bookworm
allocated to hearing.
)