Well done and congrats. Been a long time

give us the name of this company and we will all write to complain. Thats a few thousand letters

To be perfectly honest what ever you say or take in to show them they will disagree. I would plead povety, and promise it wont happen again. If that dosnt work I would serve an initial approach for payment letter on them there and then which I would prepare in advance. The letter can be cut and pasted from the templates library, just add your details. Then just continue as in the step by step guidelines. Good luck

Jim The bill of rights argument was recently thrown out of high court by a judicial review which decided that parking penalties were in fact civil responsibilities and not fines so the bill of rights was not relevant. Therefor the council may have a point of sorts. Have a good look at the ticket there are loads more possible faults apart from the date of issue problem. I have had a few tickets recently and most of the faults are with the Notice to owners and charge certificates so dont give up hope yet. Rog

Bookworm Im putting together my bundle of evidence and the only thing I cant find is something good about the two case Dunlop tyres and Macalpine. Theres lots on the internet but its all writtren by law firms who have their own agendas. Do you know where I can get a document with just the decision and details with no opinions that I can use as evidence. FYI Mr Jerimiah is on his hols until the 11th Sept so whats the chance of him submitting his evidence by the 12th nil Good health Rog

I bought a mini cooper from a BMW dealer and 2months out of its warranty the gear box went. I managed to get BMWs to pay for the gear box as a gesture of goodwill Sounds familier !!! which was about £1400. I still had to pay for the labour of about £600. This is def. a manafacturing fault with the older BMW mini coopers. Im still contemplating some sort of legal action against the dealer who sold it to me but I figure after 14 months Its going to be struggling. Keep me updated are there any other Mini cooper owners out there who suffered the same problem

I remember reading a thread on here some months ago where this happened and actually got to court. I cant remember if the bank lost the case or dropped it on the court steps but they certainly capitulated. Cant remember the name of the thread sorry

Having been in this position a few months ago with Barclays Im sure they will Claim not to have received the summons Offer you full settlement provided you agree to the judgement being set aside and sign a letter which indicates that barclays provided a defence in time. If you dont agree they will apply for a set aside which they are likely to get I personally agreed to the judgement being set aside and I had the money a few days laters. Im not sure why it is so important to Barclays not to have a judgement but it clearly matters to them. Theres a few threads regarding this especially on the woolwich bit

This account was a student account and had £2000 free overdraft. I basically worked out what the account balance would have been if they hadnt added the charges month by month. As luck would have it it wouldnt have gone over the £2000 limit at all so I am fairly confident that every bit of interest added to the account over the 5 years was as a result of the charges which is where Ive got the figure from. If it goes to court I will then add the contractual rate of interest which I think is 1.22% per month or about 15% per annum. In hindsight I wish Id spent time doing this with the other claims but never mind.

V Quick bit of advice. This thread talks about the bank/ phone company / cancelling the contract . is it the same principle if I cancel my contract with the bank and dispense with their services. Can I insist that they stop processing information. Ive been reading the thread for a couple of hours and its the only point im a little unsure of.

Finally got around to this one. Initial approach for payment delivered by hand £460 charges £350 interest on charges Ill keep you updated as we go

Ive spent a few hours toting up my sons charges and decided to try and work out manually the interest they charged on the charges. He was charged a total of £470 since 2002 I worked out the interest to be £350 so its nearly doubled the claim I know its a long job and probably a bit advanced for the average Excel user like myself but an old fashioned calculater , pen and paper did the trick and its worth it. Happy days 1st letter to go today.

I have just done a bit of a calculation. My son was charged £25 in Dec 2001. I have assumed a monthly rate of 1.7% which isnt to far out. That £25 would be £61.07. Thats a huge increase. Am I doing this correctly Month 1 £25 x 101.7% = £25.42 Month 2 £25.42 x 101.7% = £ 25.85 etc etc etc

Just a bit of encouragement. Smile paid back all charges to my daughter after 2nd letter. Was only a couple of hundred quid but if you look at the Smile Forum they are being a lot more reasnoble than most. Get stuck in

Same law of contact. Send them a SAR ask them how they calculate their charges. Its exactly the same as the banks

Barclays will try and get you to agree to having the amount transfererred to your account. Just refuse. Tell them you want a cheque sent to your address If they want to settle then its on your terms. There has been threads on the forum that have gone on for weeks on this very point and you will always win in the end if you insist. Barclays are likely to take it to the very end a few days before the court date. Keep going

Sorry Martin youve lost me there !!

I tried to cut and paste a reference re burden of proof in civil cases but it dosnt seem to want to do it Sorry

Legal Burden of Proof - Civil Cases

Legal Burden of Proof - Civil Cases

The onus of proof even in a civil court is on the accuser. If you claim someone owes you money then you have to produce some evidence to support your claim. ie. dates of charges, reason for charges etc etc. or it will not succeed. Im not sure the argument that the bank would not provide you with the evidence to support your claim would stand up. Im sure Ive read that one of the reasons amongst others that an organisation can decline to provide you with information under the DPA is if it is likely to be used against them at court. The IC visit to the Abbey should be the start of the end of this argument and then we can really get stuck into Barclaycard..

My money's on a settlement before the 11th September !!!

Its worth a go. I cant believe that Barclaycard with all their resources and legal backup would make a basic error around microfische and DPA. Possibly at the start of all this but as time has gone on they have probably re examined it and feel fairly comfortable with their position. Regrads claims. If I issue an estimated claim against someone then surely as the complainant it is for me to prove that the claim is correct, not for the defendant to prove it is wrong. EG I could put in a claim for 20,000 GBP against Barclaycard. Just because they refuse to produce statements wouldnt make them guilty. If You bring the Claim, you have to prove it, on the balance of probabilities. Thats why I wasnt comfortable with estimates.

I too am claiming from BC and have issued a claim on line. I researched the microfische issue at great length and Im sorry to say that if the facts are as Barclaycard state then the chances are that it is not a relevant filling system. It doesnt matter that they can produce them for a couple of quid what matters is that if they are stored in account / date order on microfishe then they probably fall outside the Data protection Act. Its worth bearing in mind the reason the DPA was brought in some years ago. It was to protect the privacy of personal information held on computers. This was extended to include manual information provided that the personal data was easily identifiable and did not have to be searched for. If the account ifno on microfishe is in date order as they claim then it will almost certainly not be disclosable. Im no expert but have spent some time researching this. I decided that the best way was to start with the info i had and when Ive been paid out for post May 2004 I would pay for the previous statements and add the cost to the next claim. If you look at the survey BC have only paid out 4000 quid so far and they are the biggest Card issuer in the country. Their Microfische argument is working a treat. We need to move on from the Microfishe issue and start issuing claims. It will only cost them more in the long run with everyone claiming twice and two lots of court fees. Just my opinion

Barclay cards only response to the LBA was a default letter received today. MCOL completed for just short of 600 Quid. This only covers from May 2004. I expect at least that again when This is won and I pay for the remainder of statements Letter to Barclay card reminding them of S13 / 6 of Banking Code re defaulting accounts in dispute