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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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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£5000 limit and interest question


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Just a quick one that I couldn't find a clear answer to in the FAQs... Please feel free to shoot me if I've missed it.

 

I have one claim that I am about to pursue that tallies around £4,500 before 8% allowable interest is added. After the 8% is tapped on (if it got to Court filing stage) this would carry me over the £5k threshold.

 

Is the £5k limit for Small Claims considered before or after the 8% interest and/or costs are added?

 

*hides behind flame retardant blanket*

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Your claim would include the interest and [if you're feeling lucky] the interest on the charges and the court fee, so the answer is yes, it would take you over hte 5k limit.

 

Consider instead, of filing for, say, the overlimit charges, and then a seperate one for, say, DD failure charges, do ya get my drift?

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

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Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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barcingmad

 

Read the forum material. It has been asked and answered many times.

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Hey BF, I'm learning mate, I'm learning!

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Thought for a moment it was all going to be too easy, when I spoke to a Customer Service rep at the start of March about something else, and then asked for a complete list of charges from the last six years.

 

She said she'd fax the request to the relevant department while I waited, then came back on the line and asked if I wanted the refund paid into my account or by personal cheque...

 

Of course, no such luck, and in spite of their assurances that someone would get back to me within 48 hours, the silence has been deafening. My claim will (I believe) be well into the thousands.

 

Further call this afternoon quoting my ref no - which it turns out is for complaints (but I haven't complained yet?!? :? ) - and they tell me it is still ongoing, and that they hadn't actually got anything on record about me requesting a detailed list of charges. Hmmm, we'll see about that.

 

Ah well. :twisted: DPA letter in the post this afternoon.

 

It could have been so much simpler.

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Well, there's a thing. Called Customer Relations again and referred them to my request for a list of charges. Got a letter in the post saying that they were refunding some of the charges (ie. several months' worth of monthly fee) for my Additions account which I have recently cancelled.

 

Not what I was after, but a bonus anyway. It'll help as an advance for the impending court costs.

 

DPA letter sent with cheque for £10 27/03/06.

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  • 2 weeks later...

DPA letter was signed for 1st or 3rd April, and 8 April a complete set of statements arrived with my returned DPA cheque. Apparently, according to a handwritten compliments slip included with the standard letter, 'there is no charge for this service'.

 

Have now calculated charges - total 2,315 squids ex interest, mainly accrued during three bad two-month periods in the last four years.

 

Letter requesting payment going out Mon 10 April.

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  • 4 weeks later...

Finally got around to sending out my prelim letter 18 April. To date have only received the 'looking into it and will get back to you by 17 May' letter.

 

Now sending out LBA letter 04/05/06. Only fourteen more days to go! I feel a fight coming on.

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  • 3 weeks later...

Well, there's a big note in my diary for today saying that it's time to file the claim...

 

Apart from the usual 'we are looking into your complaint' blah, with a rolling 'you will receive a reply by' date, have not heard a sausage from them.

 

Been briefing my other half to prepare herself - she's a legal eagle who has recently been focusing on contract case law and the unfair terms bits and pieces, as well as CCA 74 and 06. Which is kinda handy.

 

So. Will inform BF of claim details later on today, and will keep posting as and when I hear anything...

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Got a letter in the post today, offering me 980 squids as a full and final. Shame I filed for 2,700 squids earlier this week.

 

That'll be a no then.

 

Out of interest, with the claim lodged through MCOL is there anything I should do - ie do I reject the whoole thing out of hand, or can I accept the 980 as part payment - but if I do, how will this affect my claim through the courts?

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If it says "in full and final settlement" you can either accept the offer with the proviso that you WILL pursue the balance in court as per your timetable, the outcome of which will be the withdrawal of the offer, or just continue your action.

 

Good luck.

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Just been talking with my other half about my case, as the acknowledgement and intend to defend has come back from Barclays. She tells me that you can object to the defendant's request to an extension to 28 days to prepare a defence - not least, in this case, because it is evident the bank has already compiled a defence.

 

Is it worth pushing the point to get the 28-day limit revoked, and make them stick to the 14-day timetable? Any one else tried this?

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Well, our trainee solicitor at Barclays is getting very busy - and they have acknowledged the claim and intend to defend.

 

They've also requested the full 28 days, although I'm currently considering, on the advice of the other half, putting in an objection with the Court to get it back to 14 days.

 

Have politely declined the full and final part of their offer. I don't believe they will agree to it as part payment :D

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Sorry I havent heard this before, not really sure it wouldbe worth the hassle though,

 

Natalie

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FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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CPR 15.5 seems very clear that any extension requires the agreement of both parties. In a case such as this I cannot see any justification for the bank being allowed extra time to prepare their defence. The case is not complicated, and the issues are clear cut.

 

I would give the court a ring and ask if they require you to send a letter refusing to grant them the extra time. If they do then I would base your reason on the above points.

 

Keep us posted.

 

 

 

 

 

 

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  • 1 month later...

Well, just about to send my AQ off...

 

Herewith a full and faithful transcript of Barclays' defence. It seems slightly more fleshed out than some of the ones I've seen on here, but I can't get the search tool to work at the moment, so I don't know if this is the new standard defence they are offering... All comments welcome:

 

 

1. It is admitted that the Claimant had two accounts, numbers xxxxxxx and xxxxxxxx, both of sort code xxxxxx, and that both were closed on 30 June 2006. To the extent that it is alleged that the Claimant incurred bank charges on his accounts for unauthorised borrowings (whether unpaid fees for returned cheques, ?Paid Referral fees? Or any other such fees), it is admitted that such charges were debited from the Claimant?s accounts; however, the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Defendant was entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the accounts were opened, including (in particular but without limitation) the following terms and conditions (which are summarised):

a. The Defendant?s right to charge a ?Paid Referral Fee? where the Defendant pays an amount (either by compulsion or election) which causes the accounts to become overdrawn - £30 per item (previously £25).

b. The Defendant?s right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the accounts - £35 per item (previously £30)

c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

3. The Defendant?s standard terms and conditions gave the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the accounts are overdrawn without an overdraft limit or where the Claimant exceeds his authorised overdraft limit).

4. If and to the extent that it is the Claimant?s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits constituted a breach of the terms applying to the accounts and that the contractual entitlement to debit charges from the Claimant?s accounts constituted a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his accounts and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

6. Therefore, it is denied that the charges were unlawfully debited from the accounts.

7. If and to the extent the Claimant incurred charges on his accounts, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and / or his failure to make payments to bring the balance of the accounts back into credit.

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  • 3 months later...

Well, long time no visit (working hard, got married, usual excuses), but things are still chugging along...

 

My court date is set 31 October at Edmonton CC, north London, so I've just finalised my court bundles to send out. There have been some great additions in terms of resources and court formatting stuff since I last got on here!! Thanks to everyone for sharing their bits so far.

 

Heavy weekend of reading in store...

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  • 2 weeks later...

Ok - so, one week to go before my supposed court appearance.

 

Quick question - has anybody got close to their court date with Barclays and tried to make contact with them, ostensibly to remind their litigation department of the impending court case, but also to try and coax a settlement out of them? Or do I have to sit it out and wait for them not to turn up in court?

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