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    • I don't think I've ever seen someone appeal a mags court decision on fare evasion, JK, but as you say in this case TiredDodo has pleaded guilty. It is possible to challenge, as below. HB Appeal a magistrates’ court decision: Overview - GOV.UK WWW.GOV.UK How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the...  
    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
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Mint Claim


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  • 2 weeks later...
MINT Classic Card, MINT Gold Card 0870 410 0870

 

MINT Platinum Card 0870 908 0000

 

Customer service address:

 

MINT,

Customer Service Centre,

PO BOX 6050,

Southend-on-Sea,

SS99 1WL

 

Under financial pressure or circumstances have changed? Let us know as soon as possible so we can help 08701 541 825

 

They are owned by Royal Bank of Scotland whose CEO is Sir Fred Goodwin.

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  • 2 weeks later...

update,

 

still no response to my first request or the LBA.

 

The 14th day for the LBA is tomorrow and I should be filing in court on Friday, can't do this until Tuesday at the earliest anyway as I am away this weekend.

 

Should I drop them a line to remind them that time is nearly up ?

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Further update, no response from Mint so called them to see what their intentions are. The lady said she would get somebody to call me back. I was not rude but did confirm to her that if matters are not resolved by the close of business tomorrow then I will file papers in court on Friday (even though I can't make it until Tuesday)

 

Will let you guys know if and when they call back !

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  • 2 weeks later...

Can I claim back estimated interest accrued just on charges ?

 

For example a £20 charge 2 years ago would have interest added on to it, can i claim the interest back as well as it is a direct result of their charge ?

 

Only just thought of this so am I able to add it on to my ongoing claims ?

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Yes, that would be fair, and can happen before court action (so long as you can produce a reasoned estimate).

 

It's totally separate to the 8% interest added at court, which would also be added to these charges.

 

EG

 

Charges total = £500

Interest total = £67

Claim now....

 

AT court

Charges total = £500 + 8% interest @ £130

Interest total = £67 + 8% interest @ £9

 

That sort of thing.......... :D

..

.

 

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.

 

 

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ok, been a while as I have another complaint with MINT.

 

what they have agreed is to freeze interest on my account if I pay a regular monthly amount which is fine I can do that. They then turn to my letter regarding charges:

 

Turning to the comments raised in your letter of 20 April, we believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products. Therefore, the charges that have been applied to your account will stand.

 

Should I just go through the motions of issuing proceedings or accept their payment proposal and then issue them or accept their payment proposal and at the same time give them a further 7 days in which to refund them ?

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  • 2 weeks later...

This has come up on another thread somewhere but on Credit Card charges the charges are added to the outstanding totals I believe. Someone has said cards do not charge interest on charges - I'm not sure. But their interest rates are charged the next month on the balances surely at interest rates circa 20%. Can anyone tll me if when calculating these charges the interest should be added not at 8% ( when claiming via a court) but at the 20% ish they have charged on the monthly balances. I am a bit confused on this one.

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Not a lawyer! Highly theoretical! Have some salt to hand!

The theory goes that because contracts are supposed to be mutual, equitable, voluntary and reciprocal, if they are charging you 20ish% interest on money owed to them, you could argue that they are "borrowing" money from you, and all you are doing is calling that debt in, with interest. You *should* be able to add interest at that 20ish% rate, and if it gets to court stating 8% as an acceptable alternative. Note: this is not adding 8% to the already-calculated 20ish% interest, it is stating 8% or 20ish%, and the 8% figure is only when it gets to County Court.

 

You should now add a pinch of salt to the above. I make no guarantees that it's correct, and it is still theoretical, and to the best of our knowledge untested.

 

The safest option is to add only interest that has been charged on the balance (spreadsheets in the Library to calculate this), and save the 8% calculation for court. Try the 20ish% option immediately (i.e. before court) only if you're feeling confident. You never know, it may make you look reasonable in court to appear willing to accept a lower figure.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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I am only allowed 1080 characters on the form. I think I may exceed this if I put all of the details in.

 

Do I just sort of bullet point my claim and then liase with the companies solicitors or just go through it in court.

 

What I am saying is how in depth does the form need to be. This is a breach of DPA claim and possibly clearing the debt as they have not supplied a signed copy of my credit agreement.

 

Any ideas guys ?

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First of all you cannot use Moneyclaim to bring an action for DPA compliance. Please read the FAQ and template on this. There is a fairly specific wording that you should use. You need to use the N1 form and take it a county court. They will probably try to get you to submit the claim on a different form. However, it's essential that you do it on the N1 as you could otherwise make a non-small claims track claim.

 

You cannot bring an action for them not providing a copy of the signed agreement as such. It's a criminal and not a civil offence. However, it may be helpful in getting the alleged creditor to go away. Please post some more details of what you are trying to achieve here.

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Just seems to be a flat 6 days regardless of weekends and bank holidays in my experience.

 

I issued a claim against my bank and there was a weekend and bank holiday in between. Claim issued 26th, served 31st.

 

Issued another claim against an individual on the 5th and received a letter saying it would be served on the 10th. That's issued Monday, served Saturday!

 

Either way, Northampton CC writes to confirm date of issue and date of service anyway.

 

Hope it helps.

 

OC

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