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About mrpromiscous

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  1. wow i phoned brent magistrates court and spoke to a lovely guy called George who sent an e-mail to Philips whilst I was on the phone telling them the court was satisfied and to leave me alone. I phoned Philips after 5 mins and asked to be put through to the arrogant "Paul" I had dealt with earlier in the day. His first words were again "are you calling to make payment in full?", i laughed and told him to look at the notes, and sure enough the note was on there from the courts !!! I asked him if he remembered our earlier conversations, which he did and I asked him (very calmly) to add a note on the system for me to organise training in customer relations for himself..... That was a very satisfying phone call !!! dx thank you for your post, i would never have phoned the court off my own back. Lee p.s. If anyone wants to speak to somebody helpful from the courts regarding something similar then I suggest you call Brent magistrates and ask for George on 0208 995 0555
  2. thank you dx for the quick reply, i have read the posts in the link you put up. I will try to contact the court who originally issued the distress warrant, london NE i believe although i'm not sure how, I have the case number from the muppet at philips so that should help. Lee
  3. Hi guys i was an early member of consumer action group an managed to re-claim several thousand from the banks for penalty charges, you were great then so i'm giving you guys another go at making me smile !!! Basically, 5 months ago i was stopped by police and giving a penalty for an out of date MOT, i sat on the fine stupidly and it went to court, i paid the court £90 directly however i paid 6 days outside the date allocated (muppet i know). Over the weeks and months since I have been recieving letters from "Philips speciallist balliff & debt recovery agents". Firstly for £75 and more recently for £275 due to an apparent visit from a "balliff". Today i phoned Philips and told them i would pay the original £75 as full and final settlement as a gesture of good will to stop the letters/doorstep visits...... this was very much refused by "Paul" the arrogant little man I dealt with at their call centre. Do these people actually have a legal right to demand payment from me for a debt that has already been settled, claiming it to be their "fee", and with regards to their balliff who has visited my house what rights does he/she have if they visit again and I or my partner are in when they call ??? Thank you all in advance, Lee
  4. Its been a very very long time coming but after 4 months of waiting Barclays/Woolich have finally settled my claim for non compliance of the SAR regarding my closed mortgage account and I have the statements. However the last time I was on here some time ago two people had lost their cases in court for ERC reclaims and had damages awarded against them also ! Whats the latest on these type of claims ? Mine would be for just under 5K if I was to proceed however if the general view is such that ERC are not a penalty in the eyes of the law at this time then I will not start the claim..... MrP
  5. Barclays want to settle in full !!!! MrP
  6. OK guys im working nights at the moment so i've just got up and theres a message on my phone from a David Starling from Barclays Investigations requesting me to contact him urgently. Barclays had to submit their counter defence by the 16th Feb so im assuming its related to this and possibly an offer to settle would this sound right ??? Before I call him back I wanted to ask a couple of questions relating to settlements... 1. Are Barclays required to pay the interest on my claim up untill today or only up until the claim was submitted to the courts. 2. Since the claim was initially started in October more charges were applied to my account and I have added these to my Barclays spreadsheet each time they have occurred so are they oblliged to pay these or will they only pay the original amount minus the subsequent charges. 3. If they want to settle and they must do so by the 16th then what method of payments are there avaliable to me so that the money is in my account before the 16th so I can inform the court full settlement has been made. Any thoughts and suggestions are welcome people because ideally I want to phone him this afternoon ! MrP
  7. Ladybird yea the account was opened in Jan 2001 so indeed if they cant tell me how the balance got there then how can they explain the £700 odd balance ! Pobat thanks i'll look at that software now cheers matey. MrP
  8. Ok today I recieved a copy of the defence submitted by Woolwich and an AQ to complete and return. I propose to send back the following draft order of directions instead of the standard disclosure request as advised by BF and GaryH : In the Romford County Court Claim number ******** Between : MrPromiscous - Claimant and Barclays Bank Plc C/O The Woolwich - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Gary or BF if you look at this just see if im barking up the right tree though. Should I also be answering any points raised in the defence at this stage ? Point 1 as always refers to the fact that I have never supplied them with a detailed list of charges claimed. MrP
  9. OK this is whats happened, SAR sent in October 2006, 3 weeks later I recieved statements going back to July 2004 and the standard letter of the time about statements prior to this date being stored on microfiche. After the information commisioners office ruled microfiche was a relevent filing system I sent a second SAR and today (3 months later) I have recieved a letter saying there was no activity on the account between January 2001 and July 2004 so therefore no statements on record. Now I know this isnt true because the earliest statement they have sent me for July 04 has an opening balance of £728.09 so obviously there was activity prior to this date !!!! I have spoken to them this morning on the phone and they are adamant there was no activity reported on the system sub 2004 and someone from the relevant dept. is phoning me back later today. Thing is if Barclaycard cant prove I used my Barclaycard prior to July 2004 then surely the debt is unenforceable after this date ! Hence all payments after this date, interest applied, late payment fees and the balance itself should be repayable to me ?!?!? Please tell me what you all think on the matter cheers. MrP
  10. its also simple human error to go £2-3 overdrawn but that would'nt stop Barclays slapping a £30 charge on your doorstep 3 days later, the way I see it these people are paid good money not to make these mistakes with customers personal information. There is a distinct difference with a dodgy postman lifting a cheque out of the post and Barclays handing them to people outright ! Watchdog this week highlighted this week how the banks are now making it harder for people to claim money taken from their accounts frauduantly since the introduction of chip and pin so given the huge expence they have spent introducing so called fool proof schemes such as chip and pin you would hope they didnt allow people access to all your vital details through the postal system. MrP
  11. yea I hear what your sayin, to be honest without the Oyster card record im screwed really so it's fingers and toes crossed they produce the goods now i guess ! MrP
  12. pmsl yeah you aint the leader of your local community watch are ya
  13. The cost of Barclays paid referral charges have increased during the period in which my account has been held, I was not given the opportunity to negotiate, or even notified of this increase. This means the bank has unilaterally altered the terms of my account contract to my detriment, and to their advantage. The emphasis on the concluding part of the sentece highlighted above I think puts the first into context. If Barclays were to pick up on this in their counter claim then they really would be clutching at straws because it is such a glaring typo. If need be I will address it should it be part of their counter claim but as for now i'll let it run because my deadline has already passed and Barclays only have 10 days to enter theirs so I dont want to confuse the situation or give them an excuse to stall over getting it entered to be honest. MrP
  14. yeah your right there is a typo but the concluding part of that sentence should make this fact obvious I think so i'm not worried about it, but thanks for the warning anyway. MrP
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