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)


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  1. #1
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    Default Manual Intervention Definition?? Please Help

    I have started my claim against Barclaysicon with the standard DPA letter , and have received the following reply from Barclays Data Protection:



    -------------------------------------------------------------------------------------

    COPY STATEMENTS

    I refer to your letter of 15 March, which was passed to me for comment in regard to the above legislation.

    Please be aware that Barclays is not under an obligation to present the information according to any particular format. Therefore your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and I can confirm that these have been ordered on your behalf and will be supplied without charge.

    In the circumstances, your cheque for £10.00 is returned herewith. However, I am aware of your mention of information arising from "Manual intervention" and would endeavour to obtain records in this respect if you were to explain what you mean by this term. In the event that further information is indeed required, the above fee will become payable and must be returned with your response.

    Yours sincerely,

    -------------------------------------------------------------------------------------

    Can anyone help me with what to do next?

    If the statments do turn up, I will continue with the claim but am concerened that they are trying to avoid providing data regarding Manual intervention. It seems they are trying to be difficult by claiming not to understand what this means!

    Any help with how I should word a reply to them, that they cant mis-understand whould be much appreciated.

    Thanks,

    Sheila


  2. #2
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    Default

    Yes carry on when you get the statements. They are being difficult about manual intervention aren't they. Probably a stall ing device. I suggest that you write back saying you wish to see what intervention was made on the imposition of each charge. Send them the chque again.

    The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

  3. #3
    Site Team The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar

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    The response which you have received concerning is quite adequate. It indicates very clearly that they don't understand what you mean by "manual intervention". This can only be taken to mean that there is none.
    You have achieved your objective.

    If they later on happen to raise manual intevention in a defence, you can produce this letter to refute it and to demand evidence from them that it is routinely carried out.

    Can we have a scan of the letter please
    research@bankactiongroup. co.uk

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  4. #4
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    Default Re: Manual Intervention Definition?? Please Help

    Ok, thanks Bankfodder, have sent a copy as requested.

    Is there any chance they may raise the issue in court, but simply call it something else? Such as "human involvement" or something?

    Should I try to clarify this, or would the court see that Barclaysicon are simply playing with words here and could not possibly have genuinely misunderstood my original request?


    Thanks


  5. #5
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    Default Re: Manual Intervention Definition?? Please Help

    I'd say it's just another delaying tactic, send them back your cheque, and request the information stating that they are obliged under the DPA to provide ALL information regarding your account in whatever format they hold it, remind them your letter stated Manual intervention IF there was any, their inability to understand this simply points to the fact that there was NO manual intervention, since they seem not to understand it's meaning, therefore it cannot have taken place in any form.

    Remind them they now have x number of days to respond.

    I edited my DPA letter to cover these delays, it's in my thread.

    Rebel


  6. #6
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    Default Re: Manual Intervention Definition?? Please Help

    I have received a similar response from Tesco Personal Finance - " Please explain your interpretation of the term "manual intervention" and advise your exact requirements in this respect"

    Thanks for advice in thread - I will write back accordingly


  7. #7
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    Default Re: Manual Intervention Definition?? Please Help

    Cant you just ask for any notes that are held on your file? I used to work for an insurance company and obviously when we made decisions about renewals etc we use to write notes on the clients policy explaining our decisions


  8. #8
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    Default Re: Manual Intervention Definition?? Please Help

    This is puzzling.

    Is "manual intervention" a generic term used in banking, or not?

    I listened to the interview with Stephen Hone and the guy from the Bankers Association used the term "manual intervention".

    I think it is a stalling tactic.


  9. #9
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    Default I have been offered half what is my next move?

    Hi All

    I received a letter from Barclaysicon who say “ without any admissions to the basis of your complaint” have offered half of what they owe me as " a gesture of goodwillicon".

    What do I do now?



    Thanks


  10. #10
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    Default Re: I have been offered half what is my next move?

    Threads Merged

    Alan, Derby, UK.



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  11. #11
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    Default Re: I have been offered half what is my next move?

    Accept their offer as an interim payment only, and say that you are continuing with your claim for the full amount.

    Alan, Derby, UK.



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    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  12. #12
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    Default Re: I have been offered half what is my next move?

    Write back and tell them thanks very much but you want 100% back and as a gesture of goodwillicon on your part you will not submit the court papers if they respond within 7 days thus saving them the 8% plus court costs


  13. #13
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    Default Re: I have been offered half what is my next move?

    Like it!!

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  14. #14
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    Default What Documents do I rely on at hearing?

    Hi

    I have at last been given a court date for my claim against Barclaysicon 15 December. The court has instructed that "each party must deliver to every other party and the court office copies of all documents on which that party intends to rely at the hearing".

    My question is what do I need to send?

    TIA.


  15. #15
    Site Team ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator's Avatar

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    Default Re: What Documents do I rely on at hearing?

    Hi Cheeky Chimp.

    Have a look at the Guidance notes on this site by Bankfodder and the team,at the top of the page.All you will need is there.Read all of the FAQ'S as well.Read this site over and over for hours.The knowledge you will pick up is enormous.
    There is also a recording of lloydstsbicon bank executive which is quite interesting you can download.You probably won't need to go to court as the banks normally settle.Disclosure by them on true costs may open the floodgates if they lose.

    Good luck

    Ukaviator

    Some useful links.
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  16. #16
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    Default Re: What Documents do I rely on at hearing?

    Pretty comprehensive list:

    Post 110 here;
    http://www.consumeractiongroup.co.uk...hlight=Halifax

    Post 136 (same with links)here:
    http://www.consumeractiongroup.co.uk...f-court-7.html


  17. #17
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    Default Re: What Documents do I rely on at hearing?

    Just had a quick look at the links you put, just what I needed,

    Thank you


  18. #18
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    Default I Won!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Just a quick note to say thanks to the guys on the site for their help. I have donated to the cause with the money, Barclaysicon have kindly returned to me.
    To everyone I would say keep going.

    Dont give up, I was within a week of my court date, and Barclays called and offered me my money, dont accept anything less than what you are entitled to.

    THEY DO NOT WANT TO GO TO COURT!


  19. #19
    Site Team ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator Authoritative ukaviator's Avatar

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    Default Re: I Won!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Well done.. Enjoy your refund.

    Uk. .


  20. #20
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    Default Re: I Won!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Well done cheeky

    Spotty

    Statement request 4th May
    Prelim Letter sent 24th May
    LBA 7th June
    Thanks but no thanks letter sent 22 June
    MCOL 22nd June
    Claim acknowledged 26 June
    AQ sent 2nd August
    17 Nov Court Date Set for 29 Jan 2007
    Settled in full 12/12/06


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