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Everything posted by CrispDust

  1. Consumer Credit Act - its one of the base arguments in your favour with personal bank accounts but doesn't apply to business accounts. See top of the forum for details on the Credit Consumer Act
  2. if they SOLD it onto DCA then claim off credit card company. The fact that they sold it is irrelevent. If DCA were jsut agenst that might be a bit more tricky. MBNA cough up quite easily, occasionally need the odd prod and an MCOL
  3. apply for judgement against Barclays. You should be able to do this online, if it lets you. If they don't repsond to that then apply for a warrent and send baliffs in. i know banks are busy with this but thats thier problem not ours.
  4. Claims are identical - just got a wedge back from a Barclays business account -EXCEPT you can't use the CCA argument as for some reason you are not a consumer (even if you are a sole trader)
  5. What if you pay the PCN as you wish to avoid the extortionate charges escalating after 14 days, but in a covering letter deny liabilty (in much the same way as the banks arre doing with unlawful charges repayment), AND informing them that you will be seeking a refund/restitution of the charge at a later date. Does this stand you on better ground?
  6. Glad to hear that about 95% seem to have got THeir money back BUT what a FECKING farce and charade the whole thing has been? Why oh why do the banks procrastinate and delay for SOOOO long? They know we ain't gonna give up and they are going to pay up. It just costs them more and more the longer they delay. I am sure if this matter of unnecesary costs to shareholders were raised at shareholders meetings, something would be said and done? mamace, congrats. Did the judge have anything to say about the conduct of the banks? Or are we naive and this is actually the norm in legal battles?
  7. Quivering with anticipation....
  8. Storn, I think point 2 and 3 still apply to contractual interest.
  9. dixie, the six years runs from the time you make you first claim ie prelim letter to bank. Mine included about three charges form a year earlier. Jenny best of luck if you go to court. ha ha "legal binding document"!! Yeah Tony that works both ways, matey. "SHOW ME THE MONEY" I think is the expression?
  10. I'd advise against, it just alert them to aplying for set aside, yes even at this late stage. Just get the baliffs in asap.
  11. You might be able to argue that if, despite the contractual interest, you remained in debt for most of the period in question, then you didn't "earn" that interest, since you were paying it on the debt. You won't need to declare it until at least 11 months time, so for now I'd let it lie. See what happens, don't worry prematurely!
  12. What legal basis did SCM use that you as an individual could not claim contractual interest? SCM have no trouble charging you interest as an individual! Whether you are a "business" or an individual, they have unlawfully taken your money and denied you access or ability to earn interest on it. Did you claim sat. s.69 8% interest as well?
  13. I think that should do it. Why not do a SAR for good measure? (evidence of the alleged telephone call) I am sure you are aware that this company is useless, I would go so far as to say disreputable, in some, if not most aspects of debt collection (like most DRAs). Usual MO is they will ignore you and continue to bother you. Send the "don't contact me by telephone, only in writing letter". When I actually encouraged Westcott to take legal action they did nothing for 3 years except bother me on the phone. I wish I knew then what I know now.
  14. Copy of my withdraw letter to court: High Court of Justice, Queen’s Bench Division, Her Majesty’s Courts Service, Leeds Combined Courts Centre, The Court House, 1 Oxford Row, Leeds LS1 3BG Monday, 05 February 2007 Dear Sir or madam, 1. xxxxxx – v- Barclays Bank plc Claim No.: 7LS40073 Please note that the defendant has finally paid in full, sums due and claimed. I therefore respectfully request that the case be withdrawn and discontinued. It is unfortunate that the banking organisations continue to abuse the legal process and court system in this way, delaying, procrastinating and in some cases using threatening or intimidatory methods, knowing full well that they will never defend a case in court. 11 months on from my initial claim to Barclays, I do hope that the banks can put into court at some point in the near future. Yours faithfully, Doubt it will make any difference but I always like the last word....
  15. DD, I don't think it is necessary for you to attend the CMC on Wed if you can't (but don't let the bank know that) The CMC is for the judge to decide how best to procede with these cases, if there are any left to do! I would fax and email a copy of your CMC info sheet to bank legals asap - it shows you are serious. Hopefully they will get back to you by the end of the day. Had a message from Charlie boy on my mobile this morning that he hasn't received a returned settlement letter ( I faxed it back 30 mins after receiving it Friday....) Sounded a bit uneasy.... Think I'll let him sweat a little more today.... Withdrawal going into court today.
  16. Jenny just send a letter with the info on. I'm going to include a proviso that it is subject to clearance of funds. Or you could ask for an adjournment of a month to alow funds to clear. I noticed that the Barclays cheques were printed on 15/ Jan 07. I suspect the previous cheque book had LOTS of dust on it before, but has since been used up VERY quickly.... DD I have PM'd you a copy of my CMC info sheet. Court don't send you one. Amend to your case. Email and fax a copy to Charlei Sprand or Tony Lombardi.
  17. Did they issue you a default? Are you in arrears? If not then the agency fee is their problem not yours. Just send your LBA, full settlement only. Then take #em to small claims. They'll pay, its just bluff.
  18. Cheque in post today. NOT recorded delivery as promised. Should I wind bank up and say its not arrived, see you in court?
  19. Next weekend!!! Jeez, banks aren't still playing this stupid 7 working days to clear a cheque are they? You should have insisted on a bankers draft with special clearance within 24 hours.
  20. But jsut to reassure you they offered full settlement today .....
  21. !!!WON!!! Full settlement offered, 4 days before Mercantile CMC, no haggling required. MOD please change title to suit and update litgation section. Thanks.
  22. Or get your court bundle done and into court with copy to Barclays. Don't forget to add additional costs of getting the bundle together. Barclays seem to be settling - period. West Yorkshire claimers appear to have had their claims setlled last minute before a Mercantile court hearing scheduled for Wed next week.
  23. zebby if you haven't got the money in yours hands then turn up at the court. Jenny - RESULT!!! Fax/email seemed to galvanise actions. Had a call from a Mr Charlie Sparling (sounded city type but doubt very much they will be getting "city" bonuses this year) Offered FULL and complete settlement, no half amounts or nearly deals - even included the additional costs I had itemised. We had a little trouble getting faxes through for settlement letter (confidentiality clause deleted) but got there in the end. He left a message to say that he would send cheque anyway, even though he had not got the signed agreement back. Apparently an electronic transfer "is more difficult than you might suppose" - yeah right Charlie, what complete BS. Promised the cheque would be sent special delivery and arrive tomorrow (Sat) "oh I'm not sure about special delivery on a Saturday" Yeah right Charlie, what you really mean is you haven't a clue that most people in the real world actually work on a Saturday. Letter to court once I get cheque. Thanks for info Jenny. Tempted to turn up Wednesday if I have time anyway since its only 5 mins walk from work. Could still be some squirming defendants. Right on to Abbey National and assist in the OH's claim against Halifux. Revenge is a dish best served cold - with a lovely bottle of Bolly. Thanks Barclays.
  24. too strong gets it on - whoop whoop baby! Jenny ta for info. I've emailed and faxed AL a copy of my CMC and making it clear that settlement is required by 5pm Friday or I will be seeking the additional costs of £720 loss of turnover since I will have to cancel my pateints first thing Saturday to give enough notice. Is it just me or do these people get off on arsing around and arguing the toss?
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