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About redkat74

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  1. you shoud still be able to claim the rest in the normal way, i have just claimed sucessfully and dont worry they will try to bully you down but stick to it. About the 14.50 I wrote into barclays in november last year to have this removed as i was starting this claim and did not use the account, and every month i have had to phone up to get it refunded. I was told that you can just phone and tell them you want it removed. Do this but keep an eye out as they will not take it off but phone up and keep complaining i did and it will eventually workout. goodluck
  2. Success, what happend was, THe courts sent me a date of 8th march which i had put in my AQ that i was unavailable for so I wrote in to have it changed. They set a date of the 23rd March, I went away on holiday 3rd to 10th march i was in france. On the 7thof march i was getting frantic phone calls from barclays. The courts had not informed them of the change of date. So i spoke to Paul Quinn he said that he had sent a letter refunding the full amount claimed. I said great will talk on monday when i was back. Got home got the letter which had a duplicate in it to sign and send back. Now i have been a bit slow in signing and returning this letter. On the monday i was back i check my bank account and the money had been refunding into it so, i just forgot about the whole thing. Today Paul Quinn phones saying that he needs copy of the letter otherwise he cannot release the money. Eh!!!?? stupidly i said that it had already been paid into my account, he was a bit thrown by this and said that that was an error and should not of happened. If only i had played dumb i might of had two payments!!. It seems they just cannot get anythig right. My saga with the Bloody BB has not ended though, i have a complaint in with the ombudsman for about 400quid they took unfairly even though i had used the right of appropriation. And also I am claiming 200 quid in charges and interest which they applies to the account while the court saga was progressing and because i was over my over draft it was something ridiculous like 2.05% per day. My remainig overdraft goes into my debt management plan and barclays have issues a termination notice because the offer of repayment is not enough for them. Oh well we will see where this goes. Anyway stick with it everyone they will always pay up, after announcing record profits this year why would they allow these floodgate to open. Good luck everyone. I will be donating to this site even though i did not get my money in my hand they used it to pay off the overdraft, this site is fantastic and thanks for all the helps. :-):D
  3. Hi everyone just back for an update and advice, I rang the court last week to find out if i had a court date as I hade not heard anything. They told me it was set for the 8th March which was disappointing as I had indicated in the relevant section of my AQ that I would not be available between the 2nd and the 10th March. The court admitted an oversight and said it would be reallocated. I phoned back and was told that nothign had been done as i had not submitted this in writing! So sent a letter that day and am now waiting for a date. Barclays on the other hand have continued to phone me from their debt collections agency but are now just asking for updates on the case situation, which seems odd that they dont talk to their other departments. I received a letter from them today saying that they have cancelled my account and overdraft and I now have to return my cheque book and bank card or they will send agents to collect them??!! the threat of debt collectors i presume. I still have a joint account with them which they cannot touch i think?? So currently i am looking to prepare my court bundle and have looked a Jonni2bad's thread about this and good god its 318 pages (the court bundle not the thread) will endeavour to replicate this with my own information. Just wondered if you actually need to include a print out of all the acts and relevant subsections? has anyone gone to the local CAB to ask for legal help with preparing this document or any thing else? wishing it would end Red
  4. Hi all Still not heard form the courts so will contact them this week, can it get to a situation where i dont know the date if i dont contact the court? just want this to end. Laineybelle thanks for the advice, i think it might be too late to offer any payment scheme to barclays as i have repeatedly told them that i will not be able to sort anythig until the court case is resolved. we will see. Cheers
  5. Hi Laineybelle have sent in my AQ to the court but still not heard anything it had to be in for the 21st jan. Did get a call from barclays debt collections again the guy said on the phone again that i had to make immediate payment to bring my account into order. I explained the situation and said i did not have the money and that it was bascially all charges and interest from barclays anyway. He said that when i had an update about the court case to ring and let them know. why? i dont know why they cannot talk to each other. anyway can anyone tell me how long it usually takes for the court to get back to me about the AQ? cheers
  6. Hi sorry my mistake they do charge 10% included in the total monthly payment, they are brightside financial services. I originally went to them for an IVA but they suggested their PMP protected debt management plan, which is similar to an iva but not judge etc involved. they have been good but i am now looking at the other cccs as i dont feel that being charged in this situation is suitable. cheers
  7. hi i have checked my DMP and i dont have to pay the company, They work in the same way as cccs? by keeping the money for a certain period. it is a good way to go as they can get your debtors of your back. good luck
  8. Hi Tanz yes thank i have put that in will add the bit about schedule of charges at the bottom. What new approach? I have seen something but not sure??
  9. Sorry Bookworm think i might have done it again but will continue on this one from now on. I need help woith the allcation questionnaire N149 think i may have filled it out wrongly in section G. I looked at the step by step and the help section and have written in the info given but my clain is for only 1200k so is this the wrong info to put in? also do i need to add my schedule of charges when io sen this in? I have not refered to it in section g Cheers
  10. Hi Have just read your thread and it seems very similar to mine. I went over my over draft by 100 pound and was charge 90pounds for it so when my wages went in i was 200 pounds down and so on, until i decided to use this site and all the helpful info on it to get my charges back currently at AQ stage. I am also in a similar situation with debt and have looked into an IVA but the company i went with offered me a debt management plan instead as i would not of been able to afford the minimum 300pound monthly payment for an IVA. I now pay 200 pounds a month for all of my debt (except currently barclays) and have opened a key account with RBS who in the long run may not be any better but atleast i now feel as though i have more control of my finances and have money to live each month. I will hopefully soon beabel to enter an IVA and be debt free in 60 months. If your credit rating is shot anyway a debt management plan can be a good way to go, as you can just pass all the hassle over to the company you are with. AS for the charge for DMP mine seemed reasonable to get me out of the situation i was in and there was no upfront payment it is taken from the monthly total. anyway this was all just to say you are not alone and there are people out there who can help, you have picked to right place to start the CAG site. cheers and good luck.
  11. Hi all I have checked the FAQ and step by step guide but i am still a bit confused, well i am blond:). My claim is for 1200k so under the 5000k limit for small claims track. Do I need to add my schedule of charges to this form when i send it in? Aslo what do i put in the section G, i have written in the templete on the help section for this form but now think i might have put the wrong thing in as my claim is only for 1200k. Can anyone help me with what to actually put in section G please:confused:. All the best Red
  12. Hi Fully Skinted It looks as though yours is very similar to mine, although there are some differences. I am not 100% sure on what to put in section G on the AQ. Mine is due in on the 21st Jan the same, can you give me a few pointers on the section G or is it just similar to what you put with the releveance to my own case? Cheers Red
  13. Hi all have received my allocation questionaire today which is fine, but i have just read BB defence slightly worried now. The reason this all start is becuase i went over my overdraft by about 100quid, was charged 90quid for it, so when my wages went in the following month i was 200quid down, went back into my over draft charged again and so on. It got to the point i stopped using the account as i was paying all my wages into charges. I did contact the bank for an increase in overdraft or loan but was told not to bother (exact words) as credit rating was too low. So i stopped using them but did not repay my overdraft to within it limit as i felt that it would only be charges i would be paying back. In their defence they state that as in the claimants case that the failure to make necessary payments and / or failure to remain within an authorised overdraft limits, failure to arrange an authorise overdraft constituted a breach of terms applying to the account and that contractual entitlement to debit charges from the claimants acount constitutes a liquidated damage clause. The charges constitutes payments the claimant agreed to make by reason of the terms and conditions of her account and were considerable for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. the defendant was entitled to impose such charges and interest when the claimant inccured the overdraft. then it says If and to the extent the claimant incurred charges on his/her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility, and his/her failure to bring the balance of the account back into credit. lastly if the charges and interest are unlawful or unenforcable with out predjudice to para 7(stating that they are not unlawful), the defendant has nonetheless suffered loss and damage as a consequence of the clainant's breach of contract in allowing the account to go into unauthorised overdraft . Accordingly, in the event that the defendant is unable to rely on its expressed entitlement to enforce the charges, it will seek to recover to the extent nessessary such loss and damage as it actually suffered, which will not nessecarily be limited to the value of said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant. any help on what this all means appreciated, have they admitted liability or not and how much loss and damage can they of suffered as a result of my unauth o/d? help please vey worried
  14. Hi Tanz Thanks for the response, I received a letter from them today saying that my request for 'first right of appropriation' will not be accepted due to my unsatisfactory overdraft, I am about 200 pounds over my limit at this time and it is all charges applied by the bank. Can they do this? They also say that they will take the deposited money as payment towards the outstanding amount. Where do i go from here and can anyone help me with what my rights actually are? cheers and a happy new year to everyone.
  15. Hi I wonder if anyone has had a similar situation as myself with barclays. I started a claim as they charged me for going over drawn and then refused to help. I am still over drawn as they still apply charges to my aco**** even though it is in dispute. I have used my right of appropriation for standing orders and direct debits, which i sent in on the 15th of December (first payment was not due until about the 25th of the month). I have been receiving phone calls from collections team about 3 times a day every day for the last 2 weeks. I wrote to complain and said that i would require all corespondance to happen by letter, they wrote back and said that they would continue to phone as it is their right and I am now getting letters as well. Then today got a letter dated 28th saying all standing orders and direct debits were to be cancelled with immediate effect, but the payments went out on the 27th then were returned and they charged me £80 unpaid DD charges for their cancellation!! I have since got that money refunded and logged a complaint. Can some one help me with the First Right of Appropriation, does it apply regardless of what state your account is in? I paid in £395 to cover my bills and sent the letter long before payments were due but they have just taken that off me and I cannot afford to cover this payment again. In doing this they have invalidated my car insurance and gave me no prior warning this was going to happen. I was prepared to use them again but after this i will end my relationship with this banking establishment. Also mentioned i would pursue this through the FSA if it was not satisfactorily resolved in house. aarrrgghhh why can they not be resonable!!
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