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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    Tosh Novitiate

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    Default Re: How We Can All Help Eachother..

    I'm a moderator in the biggest Window Cleaning Forum in the UK; no taking the urine please!!!!

    We've 6000+ members and I've just advertised this site on 'my' forum for the second time.

    In previous threads, I know many of our members have incurred large amounts of debt; therefore I guess; they've received large amounts of 'illegal' bank charges too.

    I know I have, when I went through a marital break-up five-years-ago, and more recently when I started up my window cleaning business and my cash-flow wasn't always what it should've been.

    Thank you, to those responsible, for an excellent site.

    Today, by Special Delivery, I've sent three letters off. DPAs went to Barclaysicon Bank and the Halifax plc. British Gas was sent a letter before actionicon; they recently charged me £50 for a late payment.

    PS. I pledge 10% of any money I recieve to the upkeep of this site; is that fair?

    PPS. Special Delivery isn't cheap is it? I gave the three letters to the post office clerk and she said £4.10. So I gave her £4.10 after filling in the slips.

    Then I found out it was £4.10 per letter, therefore £12.30!!!

    I shall add this to my subsequent fees from the banks; or try to anyway.

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  2. #2
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    Default Re: How We Can All Help Eachother..

    Hello Tosh,
    I would have sent the letters recorded instead, it would have cost 60p more per letter, therefore under a pound each.
    You don't get the cast iron guarentee its arrived but you can be 99.9% certain.

    If this advice is rubbish please let me know and I'll remove it or modify it. I send out a lot of letters and for a few months I sent everything Special Delivery not realising Recorded was different, and the Post Office isn't quick to tell you either.


  3. #3
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    Default Tosh Versus Barclays Bank - Help Needed with Money Claim Form

    I sent off my Data Protection Act on the 15th May to Barclaysicon with £10 and the standard Data Protection Act letter.

    This morning I recieved my cheque back and a reply; signed by hand.

    The letter basically says that they will send me copys of my statements on a 'complimentary basis', and that they do not hold any information relating to manual intervention on accounts; the only information they hold with regards to general manual intervention is of a 'statistical nature'.

    Extract of Letter (the part referring to manual intervention):

    ... For the avoidance of doubt, the fact that we do not enerally record information [manual intervention] in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.
    It sounds as if Barclays may put up a defence based on their 'statistical information' of the amount time spent on 'out of order accounts'.

    Has anyone any views or thoughts with regards to the letter I received pertaining to manual intervention?

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

    PS. The letter ws from Peter Townsend, Manager, Barclays Data Protection. Telephone: 01565 614000


  4. #4
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    Default Re: Tosh Versus Barclays Bank

    I think Mr Townsend is getting more and more cornered by our replies! Every time he comes up with a cunning plan to make us pesky kids go away, we come back with something else to complicate his life. Awwww.

    Yeah, ok, not awwww... You have to ask yourself how much does Barclaysicon have to hide that they so desperately don't want us to see... Surely, it would be easier for them to give in...

    Anyway, he's obviously trying a 2-fold: 1, "manual intervention" records are not covered by DPA (yeah, right), 2, so, because we won't tell you doesn't mean it didn't happen. Yeah, I can see that one sitting nicely with a judge... Of course, they forget one tiny weeny detail: we ask for that information with view to starting a legal process, and it seems to me that trying to stop or derail that process is a far worse thing to do than not complying with a SARicon...

    I personally think that since the OFT's statement, the whole manual intervention has actually died the death. There is no way that the banks will be able to resurrect it, not when a 2(?) year govt enquiry has effectively said: Those costs can't be justified.

    The only opening left for them is the "service" one, and we've got that one so well covered that I doubt any bank will even try it now.

    Anyway, back to your "statistical" defense. If they want to try that, they'll have to supply the numbers. And they don't want to do that. They especially don't want to do that in front of a judge!

    .

    Apologies to people who I was in the process of helping, I may be gone some time.

  5. #5
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    Default Re: Tosh Versus Barclays Bank

    Thanks for the excellent reply Bookworm.

    Cheers.


  6. #6
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    Default Re: Tosh Versus Barclays Bank

    Just a quick update: I received the statements today and went through them. I've been charged £525.00 since 2000 (well actually it's for my Missis, so she's been charged the said sum).

    I'll send the letter off 'asking for it back' on Monday. What do you think will happen next?

    Data Protection Act sent to Barclays Bank 15 May 06.

    Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

    Prelim letter sent 15 Jun 06.

    Letter Before Action sent 26 Jun 06.

  7. #7
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    Default Re: Tosh Versus Barclays Bank

    Quote Originally Posted by Tosh
    What do you think will happen next?
    They'll drag it out for as long as they can, but you'll get your money eventually.

    Good luck!

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  8. #8
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    Default Re: Tosh Versus Barclays Bank

    You will get a standard blah,blah,blah letter which will be procrastination pretending to be a smoke-screen.

    The important thing is to ignore any attempts by the bank to impose its own timetable.

    It's your party and YOUR timetable. If you stick to it, regardless, it will demonstrate that you will not be steam-rollered.

    Remember.... YOU call the shots.

    Good luck.

    If this has been useful to you, please click on the scales at bottom left of post. Thanks.

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  9. #9
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    Default Re: Tosh Versus Barclays Bank

    No need to reply to this post; I'm just listing events as they happen as they may be usefull for future 'claimants'.

    Letter received from Barclaysicon today dated 16 Jun 06:

    ----------------------------------------------
    Dear Mrs XXXXXX,

    We are sorry you have had to contact us abou the level of service you have received from Barclays. Thank you for taking the time and trouble to do so.

    We are looking into your concerns and will let you have an answer or update as quickly as possible, but no later than 10 July 2006. In the meantime if you wish to discuss this further please call us on 0845 609 0806

    I have enclosed a laeaflet explaining how Barclays works to resolve complaints. I hope you find this useful.

    Thank your for bringing this to our attention.

    Yours sincercerely

    Martin Bennet
    Customer Relations Advisor

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

    From this forum I know I'm to stick with my timetable and they've got until the 26 June 2006 before I send my 'letter before actionicon'.

    Data Protection Act sent to Barclays Bank 15 May 06.

    Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

    Prelim letter sent 15 Jun 06.

    Letter Before Action sent 26 Jun 06.

  10. #10
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    Default DPA Request Not Met... £10 taken though; who do I complain to?

    Hi,

    I sent a DPA request to the Halifaxicon who eventually cashed my cheque, however the information I asked for has not been forthcomming; in fact there has been no acknowledgement from them at all. The 40 days is up on Saturday.

    Barclaysicon provided a far better service with regards to a DPA request! They even sent the £10 cheque back!!

    Anyway, what should I do?

    I've read the FAQs; who is it I should complain to?

    The original request was sent to the Halifax via Royal Mail, Special Delivery, so I have evidence of posting the letter.

    I've posted this in the general part of the forum, as I think it's a general question rather than one specific to the Halifax.

    Regards,

    Tosh/

    Data Protection Act sent to Barclays Bank 15 May 06.

    Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

    Prelim letter sent 15 Jun 06.

    Letter Before Action sent 26 Jun 06.

  11. #11
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    Default Re: Tosh Versus Barclays Bank

    Hi Tosh

    Have you tried to phone Halifaxicon Customer Services to ask if they have received your letter and what progress is on that? I found that a few phonecalls does the trick ...


  12. #12
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    Default Re: Tosh Versus Barclays Bank

    I'm in the process of filling in the money claim form.

    Near the end of the form is the amount asking how much I'm claiming; is this where I put the charges, plus the interesticon on the charges, plus the 8% interest and any other stuff; like postage charges?

    Also, I'm sending it to the same address as my previous correspondance which is:

    Barclaysicon Bank PLC
    Leicester
    LE87 2BB

    But the moneyclaim form doesn't recognise this address (lots of other similar ones though).

    Am I still okay to use it?

    Cheers.

    Data Protection Act sent to Barclays Bank 15 May 06.

    Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

    Prelim letter sent 15 Jun 06.

    Letter Before Action sent 26 Jun 06.

  13. #13
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    Default Re: Tosh Versus Barclays Bank

    you are missing the street address mate.

    thats why moneyclaim doesn't recognise it, use this address :-

    Barclaysicon Bank PLC
    1 Churchill Place
    London
    E14 5HP

    Rebel

    vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent
    vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

  14. #14
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    Default Re: Tosh Versus Barclays Bank

    We received a settlement offer this morning for around a third of the total amount.

    The amount was £217 and some pence.

    That's not really worth settling for, so we will be going the moneyclaim route; once I get my ass into gear and get it finished.

    Cheers for the help so far, everyone.

    Data Protection Act sent to Barclays Bank 15 May 06.

    Bank statements received 9 May 06. Owed £610 in charges and £31.96 in interest.

    Prelim letter sent 15 Jun 06.

    Letter Before Action sent 26 Jun 06.

  15. #15
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    Default Re: Tosh Versus Barclays Bank

    Re sending your letter Special Delivery to Halifaxicon...if you still have the SD slip, you can go to Royal Mail website, click on "track and trace", type in the reference number and it should give you the delivery status, it should also show you the signatureicon and name of person who signed for it.

    I send all my letters re my claim against The Woolwich Recorded Delivery, which can be tracked in the same way, and print off the Proof of Delivery, just in case The Woolwich try to claim non receipt if and when it goes to court



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE