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Bean

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Bean last won the day on May 16 2006

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  1. Bean

    Snowball!

    This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 08 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. I agree thebees123, you may wish to lodge an official complaint with the Office of Fair Trading by email at: enquiries@oft.gov.uk , marked for the attention of the Licensing Team. Document 'OFT664' titled 'Debt collection guidance - Final guidance on unfair business practices' relates, specifically 2.10 (a) to 2.10 (e). You can find it here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf OFT contact details are at: http://www.oft.gov.uk/contactus Spot on. Regards, Bean
  5. Hi All, Subscribing to this interesting thread, Regards, Bean
  6. Hi Fred Funk - I have read your thread with interest. It's been a while since you last posted - how is it going?
  7. Barclaycard credited the claim sum to the account and it was confirmed at about 16:30 on 6 September 2007. The hearing had been scheduled for 11am on 7 September 2007 so I contacted the court to state settlement reached, no further action necessary. I sought an order for wasted costs, supporting it with a spreadsheet breakdown but the Deputy District Judge refused it. Even though I had amended the settlement letter, rendering the original inappropriate, it appears Barclays used either the original or the amended version to argue their position re costs.
  8. Thanks sea-sidelady, I'll keep you posted... My thoughts exactly Paintball, but I considered that I would not seek a wasted costs order as the settlement sum includes contractual interest and 8% interest and I was reasonably happy with that. However, if I do want to seek a wasted costs order, how do I go about it? When do I submit it, and do I have to notify the Defendant that I am doing so? I have sent back the signed full and final settlement letter with four of my amendments added. How would a wasted costs order relate to the return of that letter if I choose to seek the order?
  9. Thanks Paintball, The hearing is scheduled for Friday morning so either the £475 shows up as a payment to the account or the hearing goes ahead - their call . This started around fourteen months ago with a Data Protection Act request dated 7 July 2006 and we have acted promptly at every stage, all delays being down to the Defendant, Barclays ...it's high time they coughed up.
  10. Settlement offer received by email 31 August 2007 from Barclays Litigation & Disputes, to pay the whole of the claim sum in full and final settlement.
  11. Round 2 (for earlier charges that came to light when microfiche information was finally provided): Hearing on 7 September 2007. Contrary to Court Directions, the Defendant has failed to serve any documents. Do you agree that I should now file an Application Notice N244 to strike out their defence on the following basis: 1. The Defendant's failure to comply with Directions by not providing any documents is against the overriding objective, namely Civil Procedure Rules, Rule "1.1 (2) Dealing with a case justly includes, so far as practicable - (a) ensuring that the parties are on an equal footing". As a litigant in person taking action against a huge corporate institution, I have provided documents but have not received the Defendant's documents and therefore consider myself to be at considerable disadvantage. 2. Also, Civil Procedure Rules, Rule "1.3 The parties are required to help the court to further the overriding objective". Further, I have a digital recording of a member of Barclays Legal department stating that they would not be contacting me regarding settlement till nearer the date of the hearing. I believe that the Defence is a sham defence, that the Defendant does not intend, nor has it ever intended, to permit the claim to run it's course to a hearing. Based on this last point, should I include on the application, an application for summary judgment? Any help or comments gratefully received...
  12. Hi papadak, Use this address: Barclays Bank PLC trading as Barclaycard Barclays Legal & Compliance Litigation & Disputes Level 29 1 Churchill Place London E14 5HP We have made two Barclaycard claims. The first claim used the general Barclays address and Barclaycard would have sought to overturn our Judgment for Claimant on that basis. The second claim used the above address and tallies with the correspondence address that Barclaycard provided on their Acknowledgement of Service in response to our issuing the second claim. Be thorough, keep going, Regards, Bean
  13. Glad to help Notty. Keep plodding away with it and you will eventually get the result you are seeking. Regards, Bean
  14. Hello Notty, On my N1 County Court claim form under the section titled "Defendant(s)" I put: "Monument, Barclays Bank PLC Portland Building 25 The High Street Crawley West Sussex RH10 1BG" When Monument/Barclays acknowledged the claim, the "Notice that Acknowledgement of Service Has Been Filed" from the court showed the Defendant as "Barclays Bank PLC T/As Monument". It also stated "The Defendant has given a new address for service of documents: Barclays Bank PLC Litigation Level 29 1 Churchill Place London E14 5HP" The first point of their Defence was by way of clarification and read: "1. Monument is a trading division of Barclays Bank PLC and not a legal entity in its own right". If I were to issue a claim now, to be strictly correct I would put "Barclays Bank PLC trading as Monument" but there was no problem with my original "Monument, Barclays Bank PLC". I would also use the Churchill Place address for simplicity (though any registered address of Barclays Bank PLC is technically acceptable). The claim was handled by Barclays Legal and Compliance, Litigation and Disputes, Level 29, One Churchill Place, London, E14 5HP, who arranged a payment to be made into the Monument account. Regarding the suggestion that you take legal advice, you do not say in your message what the "take legal advice" comment relates to, perhaps it is purely related to the name of the Defendant, but if it is not specific you need to check whether it relates to anything else on your form. You first need to be sure that all of the entries on your form are correct by checking them against the information on this site and checking with the moderators as necessary. Presumably you will need to amend your claim so that the Defendant is "Barclays Bank PLC trading as Monument" rather than "Monument". Beyond this, Citizens Advice can help for no charge, and if you feel you need to take legal advice on anything then do so. Don't be phased by this.
  15. Sum received in the account. Consent Order signed to set aside the default Judgement. Not signing it would have involved more court time in assessing their administative error and probably then striking out our Judgement for Claimant (in default) on that basis anyway. Court notified that this claim has been settled.
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