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welshcakes

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Everything posted by welshcakes

  1. Hi deesco Out of interest, which department, if any, at Barclays is issuing this letter (ie what dep't is signing at the end)? Quite a few others have had this letter so it appears to be the new automated response mailing from bank. 3) With OFT case, if I do not hear anything do I still continue to next step? Just keep going in accordance with court notice that you'll receive. Once the claim is issued, the bank still have an obligation to stick to court procedural timetable ie Acknowledgement of Service, submission of Defence and complying with subsequent court instructions etc. Hope you're enjoying being preggers! Ahh, I remember those days
  2. Hi Paul I am sure this would fall into the catergory of both contempt as well as the common principle in English law of good faith, by which a duty of complete openness and fair-dealing is assumed. The court can be asked to address the failure of the Defendant to fulfill their duty to negotiate in good faith, which was openly stated (and recorded as such) at the hearing. The issue of contempt comes into play because the Defendant can potentially be deemed as having willfully and purposfully mislead the court and the Claimant in order to obstruct the judicial process. Good faith forbids either party by concealing what he privately knows to draw the other into a bargain from his ignorance of the fact and his believing the contrary. Edit : Under Part 1 of the Civil Procedure Rules (Overriding Objective); Section 1.3 states that: "DUTY OF THE PARTIES 1.3 The parties are required to help the court to further the overriding objective."
  3. Hi James No expert but I would have thought that at the very least, they had obligation to inform you when they withdraw a product (ie The Instant Savings Account) - they can't simply swap you onto a different product attracting a substantially different interest rates without notification. Tell me James, was there anything different about the statements eg a different Account name? Edit: Have edited edit for shorter post. Interest rates on withdrawn products - Savings - Barclays links to withdrawn Savings accounts including the Instant Savings A/c. Also on their website is : Changes to our interest rates Whenever there's a change to our rates you'll usually find them printed in the Daily Telegraph and Daily Mail, by calling 0845 603 0845* or by checking this page. (Lines are open 8.30am-5.30pm Monday to Friday and Saturday 9am-1pm, except Bank Holidays. To maintain a quality service, we may monitor or record phone calls).
  4. Hey zbeukers, that's great news, you must be feeling really chuffed!
  5. Hi Mich It is certainly a possibility depending on whether the courts are prepared to consider claimant objections to the Stays being placed on cases and a reversal of the waiver that has been recommended. Extremely frustrating for the consumer as the Test Case in itself is a positive thing however the impact of the accompanying postponement conditions are not. Some judges are still pushing on and allowing individual cases to proceed on their own merits and this is why the recommendation is to continue to pursue hearing of ones case.
  6. lol, indeed. I'm just popping into the kitchen to wrap my head in tin foil
  7. Hi Mich The daily rate is: £2,345.00 x 0.00022 = £0.5159 which you round up to £0.52 ie 52 pence per day.
  8. Hi Mark It would seem that 'commission' is the new term for 'charge', Other Barclays customers on the site have also noticed it recently appearing on statements, see http://www.consumeractiongroup.co.uk/forum/barclays-bank/88592-hez-barclays.html?highlight=bank+charge+commission
  9. Thank you powelll and sequenci for your fast responses. On the basis of them I rang the council on question and was extremely pleasantly suprised to learn that even though I had already been granted the 6-months free (ie 50% off annual bill) that simply by reapplying for exemption, it can be granted for a further 6 months. That is to say, I am actually receiving a zero bill for the entire year. When I spoe to the young lady from the CT department I did explain how I am a Carer etc so perhaps sequenci you're correct that my partner's disability etc is the factor that permits a full exemption. Whatever the reason, thank you so much for the replies as they have 'chain reacted' in a huge saving that makes all the difference to us
  10. Hi Joe The question of sourcing old Woolwich T&Cs was again raised a few weeks ago and as yet there isn't a databank. In the absence of such, it was recommended either to leave T&Cs out of the bundle or to utilise Barclays T&Cs of a similar period though there is little value to either of these. I would suggest that if you use the Barclays, you index your bundle with something like: Terms & Conditions Barclays circa xxxx in the absence of sourceable Woolwich documentation. Link : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html
  11. Dear Jingles I'm sorry of you felt the advice was without common sense and insensitive. It was sincerely meant as a legitimate piece of advice, not toungue in cheek; I put smiles at the end of lots of my posts as an expression of my support, bit like a virtual hug. Many people spend what accumulates into hours ringing BLT and are ultimately left with a noticeable hike to their phone bill just to add to the frustration of either no answer or as many find, being given false reassurances and empty promises by the staff manning the phones. I shall of course respect your wishes and make this my last response.
  12. Today I received the second and final cheque representing my costs from Barclays - only a total of approx £60 as I agreed to cap it at this when they first agreed to settle out of court a month ago. Whilst it is a paltry amount, it does demonstrate that taking a bank to court for non-compliance with the DPA (ie not sending data within 40 day limit) does work. DPA breach claims are unaffected by the OFT TC as the law is already in place obliging banks/mortgage companies etc to comply, so I urge you all to go ahead and make lodge you claim on day 42. At the very least, you can charge costs which are legitimate and they will be honoured by Barclays/awarded by the court. B's are coming up to deadline for my pre-6 yr statements and as I did not mention bank charges in my SAR, they have no grounds to argue against supplying. So looks like I'll soon be lodging my second breach claim against them
  13. The way it's going at the moment... Clowns to the left of me, Jokers to the right .....
  14. Hi fusewire Once you commence legal action (will you will at some point have to do), the matter will automatically be referred to Barclays Legal & Litigation at their Head Office at Churchill Place. You may begin receiving correspondence from both Woolwich Customer Care / Openplan and Barclays Litigation Team. This is because Woolwich staff have limited duties in respect of legal matters and their authorisation always comes from Barclays Head Office. I have always tried to deal with H/O - a question of speaking to the organ grinder instead of his monkey
  15. Hi Druids Use the original figure; your claim POC already makes provision for the accruing Statutory Interest.
  16. Mods, would it be worth using a similar tactic to organisations such as the NSPCC who have a link page that has an automated 'e-card' that sends to your local MPs/Ministers/the Court Service, The NSPCC example can be found Campaign to help end cruelty to children - Support the NSPCC? If too complex, how about having a Template Letter of Objection for everyone to copy and paste into an email (Plus a link to TheyWorkForYou.com: Are your MPs and Peers working for you in the UK's Parliament? etc). Long shot but I think it's important to keep our voices heard despite efforts to mute such by this national Stay fever.
  17. Hi Sarah Any reason why you have ruled out objecting to the Stay?
  18. CAG spreadsheets: Simple Spreadsheets = Excel Works OpenOffice Advanced Spreadsheets (if your claim includes Contractual Interest) = Excel Works
  19. Hi Buby Can you post the exact wordingof the Ordre you've had through from the court so we can see whether it asks for anything or gives indication of how long it will be etc. These things will help determine what is to be expected from you on the day. Don't post any personal details appearing on the Order such as name or claim number (just substitute with xxxx)
  20. For updates on the Royal Mail strike, visit http://www.royalmail.com/portal/rm/content1?catId=1000002&mediaId=51600692
  21. Hi Greg If you want to send in the new POC from CAG then by all means do so but you will have to pay a court fee as it is not something court ordered but is of your own volition. I certainly think the new POC is far superior from the original templated one. As I don't know what you put in your original POC (as it wasn't from this site), only you are in a position to know how greatly your case would be enhanced by resubmitting new a POC. I still maintain that if the judge feels your POC is inadeqaute, he will order a new one without you having to pay the fee. The other side of the coin is that on the basis of a win, you would have this fee reimbursed anyway. In answer to your last line, no it won't do any harm
  22. Hi syds Mum Well if Barclays are intending going for the Stay (but haven't yet), I would push to get the Strike Out asap. If worst case scenario, the Stay gets granted before your judgement, you can make an official complaint to the court that the Defendant was given priority and that it has detrimentally prejudiced the timely resolution of your case. The court would have to justify why they didn't address your rightful Judgement request and by neglecting to do so allowed for the Defendant to apply for a Stay. You will in any event be able to use this to add strength to your Objection to the Stay and you will have a pretty good case to have it lifted. Wish the courts would get on with applying the law and stop altering the rules for their own convenience.
  23. Hi Clare Following on from what GaryH's reply, the clerk is entirely incorrect when she states " you have to prove to the Judge why your case is more deserving than anyone else in the same position." This is nonsense; you do not have to prove merit in comparison with other ongoing claims, your objection to a Stay must be considered on its own merits. Perhaps it's just me, but it seems that some Cardiff court staff are enthusiastically dishing out advice and statements of fact, much of which have no basis. I rang and was told my claim has been Stayed. I pointed out it wasn't a bank charge claim and was ridiculously told that because the Defendant was Barclays and that I had been put in with all the bank charge claims, that it had been Stayed and that I shouldn't bother turning up as my hearing was going to be cancelled. Utter rot, I shall be there with my Schedule of Costs on the day
  24. Hi syds mum Firstly, if you have requested judgement for non compliance, the court has an obliation to address you request in a timely fashion and frankly, three weeks is not good enough. I would wait no more than a week then ring the court and, if your judgement has not been granted, request that it be done immediately as they have a duty to process without uneccessary delay. Explain that it is a straight forward judgement which does not involve complex consideration. Sometimes it is better to go down in person when you need to get something done, though of course you shouldn't have to chase the court and I think it's pretty outrageous to have been fobbed off with a 3 week wait.
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