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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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      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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Barclaycard Charges Reclaim and, now, Default Removal


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Hi all,

I am writing a SAR letter to Barclaycard as the first step towards reclaiming over limit and late payment charges. I've spent a couple of weeks reading various threads here that have been very helpful.

 

I am trying to find the best address to send my SAR but am confused by conflicting information, some of which may or may not be out of date. London? Northampton? Knutsford?

 

If someone could point me in the right direction I'd be most grateful - I don't want to stumble at the first hurdle!

 

Thanks,

 

John.

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Is there a head/registered office address ? I think that will be the best place to send it to :)

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Send it to the following address which is the data control center in knutsford.

 

Barclays Bank PLC

Data Protection Team

1st floor Babbage House

Radbrooke Hall

Knutsford

Cheshire

WA15 9EU

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Hi John,

 

The Knutsford address can be used.

 

See **WON** threads here for examples of how to reclaim fees and compound restitutionary interest successfully - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

:-)

We could do with some help from you

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  • 1 month later...

Prelim letter sent to Barclaycard (using the CAG template & compound interest spreadsheet) on 8th April. My credit card balance is £342 in debit against an agreed limit of £150. The late payment and over limit charges from October 2013 to April 2016 amount to £560.05, plus compound interest of £226.08, total £786.13.

 

Standard robot letter received yesterday:

 

"Thankyou for contacting us about the charges on your account. I am sorry you feel the charges incurred are unfair.

 

I have looked into your complaint carefully and have to inform you that any charges incurred were made correctly and in accordance with our terms and conditions that you agreed to when you opened your credit card. We have reviewed your account going back for a period of six years and we can confirm there have not been any charges applied to your account. On this basis I must inform you that I cannot uphold your complaint. [yes you have, they're on my statements]

 

We are satisfied that our charges of £12 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance. Changes to our charges occurred in August 2006, and as legal claims have a limitation period of 6 years, claims can no longer be made for a fee over £12 [this strikes me as horribly mangled "logic"!]

 

Blah blah...

 

"We have a legal duty to report accurate information to the credit reference agencies, so I'm afraid we cannot change your records.

 

Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint, please call me on the telephone number above. I will do all I can to answer your questions and reach an agreement with you".

 

Before I fire off an LBA, anything I might add to the template by way of legal argument/precedent or plain logic (their letter seems a little short on logic...) to give it a boost?

 

Thanks in advance!

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Hi John,

 

Am I missing something ? They say no charges have been applied in the last 6 years and you say charges were applied from 2013 to 2016.

 

I assume BC are talking nonsense but please confirm.

 

If they are talking nonsense, send the LBA. No need to refer to anything else apart from starting by saying, "I refer to your letter of xxdate which refuses to refund charges or even acknowledge that such charges were made by Barclaycard."

 

Then continue with the LBA.

 

:-)

Edited by slick132
typo

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Thanks Slick, yes they are talking nonsense - my statements clearly show "over limit" and "late payment" fees. Will send the LBA today.

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I am a little further on than you john having issued the N1, your case it taking exactly the same road as mine so far, keep on.

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Thanks Martin, I've just subscribed to your thread - reading through it now.

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Barclaycard phoned me last Friday (29th April) at work.

I explained that I wasn't comfortable discussing my account with them whilst sitting in an open plan office and they agreed to call back in the evening.

I haven't heard from them since.

 

Posted my LBA yesterday. Came home from work to find the following letter:

 

"A Default has been registered on your account - you now need to pay your balance in full

 

We previously sent you a Default Notice [blah blah] we've registered a Default with the Credit Reference Agencies [blah blah] we may also transfer funds from your Barclays account [blah] 'right to set off'"

 

1) I haven't received a Default Notice, although I did find an email dated 26th April saying

"We've sent you a Default Notice [blah blah] It’s a formal notice giving you 28 days to fully clear your outstanding arrears or call us to agree a way forward."

 

 

The email doesn't say when the Default Notice was sent (i.e. when the 28 day clock started ticking). Useful...

 

2) This account is the subject of a complaint/dispute

- should that not have suspended recovery action/CRA reporting?

 

I was so annoyed

("Barclaycard hereby sentence you to another 6 years of private sector renting...")

I bent the "only in writing" rule and phoned them.

 

 

The first chap said he could only view the last 6 months statements but would refund all the charges from those months (£84). Thanks, but no thanks.

 

 

The second chap informed me that the default is "correct" and could not be removed,

but my complaint would be escalated to the "Level 2 Team".

He also said Barclaycard would not go to court (judgement by default, then?).

 

I do wonder whats the point of anything is sometimes, but deep breath, stand firm.

The LBA will have hit their doormat this morning.

Time to prepare my claim.

 

How do I edit the thread title to reflect that the "adverse data" is now a Default?

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Hi John,

 

You can't edit the thread title yourself but I've done this for you.

 

Let us know if/how they reply to your LBA.

 

:-)

Edited by slick132

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thanks Slick, I certainly will.

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As they have already issued a final response they may ignore the LBA, let it run its 14 days then fire in the N1.

Barclays will try and tell you they cant get info beyond 6 yrs, booshee, i got eveything going back much further than 6 yrs, press them for it or SAR them if you havent already.

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Hi Martin, I managed to get all my statements a few weeks ago, luckily. I don't know why they mentioned a limitation period as my account was opened in 2013...

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Standard crap they spout without checking a thing

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Sounds about right...:wink:

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Letter received yesterday from Barclaycard Customer Relationship Unit:

 

"Thank you for taking the time to contact us regarding the level of service received from Barclaycard.

We are very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard. Your correspondence is being dealt with by this office and we aim to resolve matters by the 01 June 2016.

 

We want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully."

 

And so on.

 

I assume I ignore this, issue a claim according the timescale given in my LBA, and don't waste my time waiting for 1st June? It might give them something to think about whilst they "investigate all aspects fully".

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Hi John,

 

Allow them the 14 days stated in your LBA before filing the claim.

 

Use the time to research and prepare the PoC and make sure you include a clause seeking removal of the default.

 

:-)

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Thanks Slick, thought as much.

 

Meanwhile, the default hasn't yet landed on my credit report (I expect it will next month though) but have received a letter from barclaycard saying the account has been "passed" to Credit Solutions, balance = £348.28.

 

My thoughts are:

 

1)the balance includes unlawful charges of £560.05, therefore the amount being pursued is incorrect. Also, the default (when it arrives) is not "correct" (as the nice man from barclaycard put it), for the same reason.

2)the account/alleged debt is the subject of a complaint/dispute, therefore it should neither be reported to CRA's nor pursued until the matter is resolved.

 

Is there any point firing off a letter to that effect or am I just giving myself more work to do?

 

Finally, if anyone could point me at a relevant POC I'd be most grateful - no need to reinvent the wheel after all.

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Deal with it as part of the court claim. They'd pay no heed to a request to remove the default on the basis of penalties exceeding the balance.

 

The BC PoC is in the Stickies at the top of the BC forum. See the other *WON* threads to read about including Sempra Metals and Kleinwort Benson cases. Also about wording to seek default removal.

 

:-)

We could do with some help from you

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Great, thanks yet again Slick! :-D

 

*edit* aargh, I do not have permission to access the page...

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No worries, see my PM to you.

 

:-)

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Thanks for all your assistance Slick.

 

Meanwhile I've had an "About your complaint" response from Barclaycard (I'm afraid our position remains the same. We are satisfied that our charges of £12.00 are in line with our actual and estimated costs which are incurred and comply with relevant legislation and guidance." etc...

 

N1 and POC nearly ready to post.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

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Hi John,

 

This is standard for BC so just get on with the claim when you're ready.

 

MCOL is now the way we recommend you start the claim.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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MCOL is now the way we recommend you start the claim.

 

Really? Suits me, but I thought I recently read the opposite - is it back in favour?

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

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Share on other sites

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