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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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percy v barclays


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Hi Everyone

Thought I would try and recover the unfair bank charges from Barclays. I have requested statements from the last 6 years which they obliged at no cost.

I am worried about all doing this in case they stop my overdraft and when my wages go into the bank they won't pay my mortgage bills etc (I like many others live in my overdraft, bad practice I know!!) Is this something they would do? Any help greatly recieved.

Thanx

PERCY

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  • 4 weeks later...

Hi

Firstly, what a brilliant site. I understand things alot better now!!

 

Just an update as I have not recieved statements yet.

07/03/07-Phoned requesting statements

21/03/07-Sent letter requesting statements. 40 Day deadline ends 30/04/07.

Phoned 0800 282 390 5/04/07 spoke to Mr Kevin Garner who said they had been sent out on 28/03/07 and to contact local sorting office to make sure thay had been received as there were a lot of problems at the moment. If not contact them again and they will re-send. But this will put them over the 40 day legal deadline!

Anyone else had this problem, do I stick to 40 day deadline as they have said it takes about 4 weeks if they are re-sent.

Any advise would be great.

PERCY

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Frankly, I wouldn't worry just yet. They tend to use the full 40 day period. (mine took 35 days.) I'd send them a written reminder about the middle of the month, reminding them that this is a LEGAL OBLIGATION.

 

I honestly can't believe the 4 day thing, followed by 'posted out yesterday.... blah, blah.' It's always yesterday, isn't it? never 'oh, it's on my desk now' or 'you'll have it by Friday'. Frankly I don't believe a word they say now, especially on the phone!

 

As far as the O/D goes, Barclays don't tend to cut you off, or close youa account as a general rule. It's actually better for them if you still owe them money: all that luvverly interest!

 

Best of luck,

 

D.:mad:

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  • 2 weeks later...

highlight and then bang them into the spreadsheet of your choice from the library here and let that do the work

 

I suggest you use the 'complex' one and reclaim the interest on your charges too, a bit more work but not so bad if you do it all at one go

 

it's a sound claim that will win of you follow procedure

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OMG!!! so surprised at how much they have taken/stolen from me. £2900 including interest.

Just a quickie, not too sure how the advanced spreadsheet works but does the interest column have anything to do with the penalty column or are they seperate. Just about to send preliminary letter. Thanks

PERCY

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Guest Mumofthreeboys

The interest column is if you are claiming overdraft interest too. Just follow the instructions on the first page and you'll be fine.

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Thanks everyone, will get my preliminary letter off first thing in the morning, registerd of course. Don't want those b**gers denying they ever recieved it!! Will keep thread upto date and of any correspondence recieved. Although judging by all the threads on here it will be an offer of halfish as a good will gesture. I know what I will be saying to that!!

PERCY

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rattle through the step by steps as quick as is decent and then offer tos ettle for the lot a week prior to your court date seems to be the plan

 

just take care with the various forms and letters in the mean time is all

 

loads and loads of examples in the Barclays threads already concluded

 

nice to see someone actually behind me ;)

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Sent prelim letter asking for charges to be returned to there rightful owner yesterday night. (Didn't know you could send a letter that needs a signature but not guaranteed next day, only 70p. Special delivery is about 4 quid - result.) Now just playing the Barclays waiting game.

PERCY

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  • 2 weeks later...

Update.

Got standard reply last week about how sorry they were i wasn't happy and would look into it within 4 weeks etc etc... Sorry barclays you have untill the 3/5/07 or the LBA gets sent.

PERCY

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Hi,

I have had another £60 in charges (£10.05 over overdraft for 1 day has cost me £60) added since I sent prelim letter do I add these to the schedule and change the date or should I just leave it for now. Thanks

PERCY

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Sent off LBA today.

Its getting close to parting with some money for court fees because reading all the threads Barclays will drag it out. Trust me to pick the bank that likes to say NO, better get saving!!

Bank holiday weekend isn't going to help :D Have a nice day off everyone. :)

PERCY

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