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rachaelc

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  1. My friend recently visited parked on an Aldi Car Park for more than the 1.5hr limit, without visiting the store (slapped wrists!!) She though nothing of it but a week later recieved a parking fine notice of £30, she held her hands up to it and telephoned the number on the fine notice and paid the £30 through the automated service. She thought that that was the end of it............until she recieved ANOTHER notice stating that she hadnt paid the 1st one!! She checked her bank and the money had not been taken out. The telephone call did not say that her payment had been declined so she does not have a clue what to do!! The companies website says that the management can use then free of charge so if she went to Aldi they'd just go 'nothing to do with us', the only think she's got to show is her phone bill to show the telephone call. The company does not have any other number and its totally automated so can not speak to a 'real' person, the address is just a post address, no one mans it - so were in a pickle - any ideas how to go forward on this one? The company is called Creative Car Park Management' (!) Any advice greatly appreciated!!
  2. Yes, thats all, there want room for anything else? What do i have to send to them now?
  3. Guys, i really need help on this one - have not got a Scooby Doo what to do now?!?!?!?!
  4. Hey there here are the particulars, any help greatly appreciated!!! In Respect of: Amount Date Incurred Days since offence Interest 8% APR Paid referral fee £20.00 08/02/2001 2065 £9.09 Paid referral fee £20.00 12/03/2001 2033 £8.95 Paid referral fee £20.00 16/05/2002 1603 £7.05 Paid referral fee £20.00 10/07/2002 1548 £6.81 Paid referral fee £20.00 08/10/2002 1458 £6.42 Paid referral fee £20.00 10/10/2002 1456 £6.41 Paid referral fee £20.00 15/10/2002 1451 £6.38 Paid referral fee £20.00 31/12/2002 1374 £6.05 Paid referral fee £20.00 08/01/2003 1366 £6.01 Paid referral fee £20.00 09/01/2003 1365 £6.01 Paid referral fee £20.00 13/01/2003 1361 £5.99 Paid referral fee £20.00 08/05/2003 1246 £5.48 Paid referral fee £20.00 10/06/2003 1213 £5.34 Paid referral fee £20.00 19/06/2003 1204 £5.30 Paid referral fee £20.00 07/07/2003 1186 £5.22 Paid referral fee £20.00 08/07/2003 1185 £5.21 Paid referral fee £20.00 09/07/2003 1184 £5.21 Paid referral fee £20.00 28/08/2003 1134 £4.99 Paid referral fee £20.00 29/08/2003 1133 £4.99 Paid referral fee £20.00 04/09/2003 1127 £4.96 Paid referral fee £25.00 30/09/2003 1101 £6.06 Paid referral fee £25.00 03/10/2003 1098 £6.04 Unpaid Direct Debit £30.00 03/10/2003 1098 £7.25 Paid referral fee £25.00 06/10/2003 1095 £6.02 Paid referral fee £25.00 07/10/2003 1094 £6.02 Unpaid Direct Debit £30.00 08/10/2003 1093 £7.21 Paid referral fee £25.00 04/12/2003 1036 £5.70 Paid referral fee £25.00 18/10/2004 717 £3.94 Paid referral fee £25.00 16/05/2005 507 £2.79 Paid referral fee £25.00 17/05/2005 506 £2.78 Paid referral fee £25.00 25/05/2005 498 £2.74 Paid referral fee £25.00 19/12/2005 290 £1.60 Paid referral fee £25.00 04/01/2006 274 £1.51 £735.00 £181.49 £916.49
  5. We have recieved a letter from our local court today for a 'General Form of Judgement or order' it also states 'It is ordered that the claimant has not established the legal basis of his claim and must therefore do so by filing further and better particulars of the claim by 4pm 27th November' WHAT THE HELL DO I DO NOW? HAVE I DONE SOMETHING WRONG IN FILLING THE FORMS OUT? I NEED YOUR HELP!!!
  6. o dear, just been trying to sort out the original table i used to get the charges plus interest ans cant find it, have been playing round with the number (increasing and deacreasing0 the days since offense but i cant get the numbers to match!! Help!!
  7. Help please!! What do i do now, where do i send what to who!?!?
  8. Hey all, Have received Barclays defence, and its quite long one – is that normal?1. The particulars of claim are summary and do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. It is averred that the Claimant has failed to identify and state any cause of action against the Defendant o establish any legal liability for the sum claimed.2. Notwithstanding the Claimant’s failure to correctly identify and particularise an account held with the Defendant. It is admitted that he Claimant has an account number ******** sort code ******. However, to the extent it is alleged that the unpaid fees for returned cheques, ‘paid referral fees’ or any such fees, the Defendant puts the Claimant to strict proof of each charge and the date thereof.3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions(which are summarised);a) The Defendants tight to charge a ‘paid referral fee’ where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25)b) The Defendant’s right to charge the administrative fee id any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30.c) The Defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.4. The Defendants’ standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowing (including where the Claimant exceeds his authorised overdraft limit.)5. If and to the extent it is the Claimants case that the failure to make necessary breach of the terms applying to the account and that contratuctual entitlement to the debit charges from the Claimants account constitutes a liquidated damage clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the fact set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitations to, paragraph 1(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts_ Terms Act 1977 (or any other provision) or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision)7. Therefore, it is denied that the charges were unlawfully debited from the account.8. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit and/or to bring the account back within the authorised overdraft limit.9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.10. The defendant denies that it is liable to the Claimant for the sums claimed and interested as pleased by the Claimant or at all.11. In the alternative, and without prejudice to paragraph 7 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimants breach of contract in that the Defendant is unable to rely on its express entitlement to enforce the charges set out at paragraphs 3 to 5 and 7 above, it will seek to recover to the necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. What do I do now???? What do i send to barclays, the court etc? Also have the allocation questionnaire to fill in, do I have to pay any additional costs as one of the question is ‘Have you attached the fee for filing this allocation questionnaire?’ In the notes it states that ‘If you do not pay this fee it might lead to your claim being struck out. HELP PLEASE?
  9. Can anyone please help with the above?
  10. Thank you for your lightning fast response, ill send the letter closing the accounts, as we are in the process of getting a house, and wanna get rid of as much 'possible debt' thins as possible, gonna get rid of £8000 poss debt, and tart the remaining balances onto a 0%!!!! Woo hoo!!
  11. Checked the claim on line yesterday and it says that Barclays have 'acknowledged the claim - what will happen now?
  12. Hey there, My partner and i want to claim back some unfair credit card charges, but want to close the credit cards (as we dont use them anymore and it will improve our credit ratings) but do we need to keep them open and claim or can we still claim after we've closed them? Any advice is grealy appreciated!!
  13. Well, filled in the moneyclaim online, and papers have been issued - just wondering whats going to happen now really? Whats the route they usually take? We asked for £735 + 8% interest + court fees = £982. Will they back down or defend???? Any advice greatly appreciated!!
  14. Recieved letter from barclays today - 'we are sorry you are not happy with the offer we have made for £285 in full and final settlement - so we'll see you in court' Im guessing this is the standard letter? Do i just do a money claim online now and add the 8% interest? Any advice greatly appreciated!!
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