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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x DPA letters to Barclays Bank

9th October sent 2 x DPA letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Hi Tony,

 

Please start your own thread in the Barclays Bank forum and use that to post any questions and progress reports.

 

Good luck with your claim.

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

 

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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x Data Protection Act letters to Barclays Bank

9th October sent 2 x Data Protection Act letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Ooops!! It appears I should have sent records of all charges along with the 14 day letters, this I didn't do. I have seen on other sites (penaltycharges.co.uk) that I should send copies of spreadsheets (dates & charges) to the bank and court to back up my claim, is this right?

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  • 7 years later...

Back in 2007,

I took Barclays to court and won back all my fees.

 

However they were so long winded over finally caving in that some more fees were charged to my account.

 

I had started the process when the big 'hold' came into play.

 

After the banks finally winning their appeal,

 

I parted company with Barclays and moved to another bank.

the account has laid dormant all that time,

steadily increasing due to an O/D Protection fee coming out every month

and the interest added.

 

now I am going through all the statements and letters and about to write to them.

 

Ny qusetion is this,

 

Is an 'O/D' proection the same as a PPI?

 

It is now £24 per month but pror to about 2003 it was for £5.60 per month.

 

Can I go back to that and claim that as well?

 

Do I add interest of 8%.

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yess to all you questions.

 

if you look at link I below

and the spreadsheet at the end

 

it should become clear.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much for your help.

 

One other thing,

 

I am confused over this 'miss-selling' label,

 

I was never sold anything, it just appeared on my statements without any input from me,

 

I did query it in a phone conversation when I first noticed it and told them to take it off, that never happened.

 

I was also self employed which I understand this 'insurance' does not cover.

 

Also do you know if there's any update with bank charges or is that still hopeless?

Edited by romanytony
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if you have a browse in this forum

 

you'll see there are successes with Barclays on PENALTY charges

 

the mis-selling, is the fact they didn't 'actually' sell it to you

they just added it without your permission.

 

so thus was 'missold' - they never consulted you.

 

slick132 will be around later I expect

 

and cross T & dot i's for you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi RT,

 

Are you getting demands from Barclays about this a/c.

 

Is it showing on your CRA reports.

 

:-)

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Not getting any demands, haven't for years, they tried to chase the OD once but I pointed out that they owed me more than I owed them and they stopped. All I get is the statement. I haven't used the account for years but they add OD Protection and interest every month, almost £50 per month.

Edited by romanytony
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They are crooks, and I think Barclays must be the worst.

 

On my old claim they kept telling me that I would not win,

their charges were fair,

and if I took it to court and lost they would claim legal fees from me.

 

Three days before the court date they phoned and offered (as a gesture of goodwill) full repayment of all charges, plus interest,

if I would agree to a confidentuallity clause. I refused,

 

told it was my money and would not accept any conditions and told them I would see them in court, then hung up.

 

I sweated for 15 minutes, I was playing poker with Barclays bank and the stake was over £6000!

 

They phoned back and agreed to everything, paid it straight back into my account and no clauses.

 

One other thing, which is ironic,

at the start of the proceedings Barclays bounced the cheque which I had made out to the Small Claims Court for their own summons!

 

It was a real shock when the High Court eventually came down in the banks favour over bank fees.

It had a nasty smell of someone being bought to me.

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Hi RT,

 

You say no demands for years. Is this more than 6 years - if so the debt will be Statute Barred.

 

If you reclaim the OD Protection Fees plus simple 8% interest, would the reclaim amount exceed the present a/c balance ?

 

:-)

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The last letter I received from Barclays was June, 2008.

 

That was to inform me that my account was overdrawn.

 

Since then I have only received the monthly statements.

 

That would mean that it has just exceeded 6 years.

 

As far as I can see that is the last letter.

 

As for the fee's exceeding the overdraft, I have no idea yet,

If I can claim all the £5.60's as well as the £24.00 plus interest it may well exceed the balance.

 

A reply from dx100uk stated that a spreadsheet would be attached to his reply but I can't see it.

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Could someone give advice on these issues please.

 

I wrote to Barclays back in 2008 stating that the account was overdrawn

but that overdraft figure was in dispute due to their charges.

 

I asked them to freeze the account until the matter could be resolved.

 

Since that time they have continued to add £24 per month OD Protection plus interest.

 

I have found an undated 'Termination Letter' from them,

however in the body of the text it gives a date of 2011 as a termination date.

 

I have read in forums here that you can only go back six years to reclaim PPI, so my question is this.

 

If the PPI was 'miss sold' (in my case it was just added to the account without my consent or input)

why cant I claim for the whole of the period?

 

I need to establish from what date I can work from,

 

second question is what spreadsheet should I use?

 

There are four that you have provided,

the first is for a 'one payment' fee, so which one of the other three do I use?

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there is no time limit on PPI reclaims.

 

you either use the statint sheet

 

or if they have charged you interest on the PPI payments

the CISheet.

 

you need to input each PPI payment on the date it happened

on an individual new row.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as slick has advise

you use the statint sheet

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

When you've done that, let us know how the reclaim value compares with the a/c balance.

 

From what you say re dates, the a/c could be Statute Barred already, or should become SB'd soon.

 

:-)

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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Now I have another question!

I am starting to use your spreadsheet and gone back to my earlyist records of O/D Protection fees.

 

I have gone from 1999 to 2006, and so far the balance is over £2200.

 

I have still to bring this upto date, so the end figure will be considerably more than this.

 

My question is this,

 

in 2006 my actual overdraft was less than the claim refund amount,

 

but I am getting 'Paid Referral' fee's of £30.

 

which I would not have had if the bank had not charged me O/D Proection.

 

Can I claim these Paid Referral fee's back?

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My question is this, in 2006 my actual overdraft was less than the claim refund amount, but I am getting 'Paid Referral' fee's of £30. which I would not have had if the bank had not charged me O/D Proection.

Can I claim these Paid Referral fee's back?

 

No, there is a six year cut-off before you can claim those overdraft and paid-referral fees unless "you allowed the charges to be taken by mistake." I don't know what that means. http://www.consumeractiongroup.co.uk/forum/showthread.php?415783-Which-one-of-these-could-be-unfair&p=4507145#post4507145

 

ppi has no cut-off point iirc.

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Thanks gigs, I forgot about the 6 year cut-off.

 

So I cannot claim back bank fees that were added to my account over six years ago, right.

 

But the account was last used by me on the 18 Aug 2008,

six years ago,

and has not been used by me since then.

 

The balance at that date was £1600 O/D.

 

Does that 6 year cut-off apply to that amount?

 

Since 2008 the bank has added PPI and interest to the O/D balance, bringing the current balance to £4760.

 

My PPI claim comes to £5329.

 

My head hurts tryong to work it out!

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post up your spread pkease

 

if the charges would not have been charged due to the PPI being taken off to that point [date]

 

then barclays should address them.

 

there is no timelimit on PPI

 

and Barclays do cough on charges outside 6yrs if a court claim is issued

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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