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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Started Court Action ***SETTLED IN FULL***


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Hello,

 

Is this all too good to be true. I've racked up thousands in OD fines etc. My other half thinks it's too good to be true.

 

I requested my last six years of statements on Fri. The customer services dept asked me why I wanted them and I told him I wanted to claim ALL of my bank charges back. He then left me on hold for 10 mins whilst he spoke to his Manager. he then came back and said he has never had a call of this nature before?

 

In the end I paid £5 per account (I have two) and hopefully I should get them in a week and a half so I'm tol.

 

Can I only claim 6 years worth - I'm sure I have lots more from when I was a student!

 

Also, how can I put a lovely pic of myself under my name like everyone else?

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Lots of questions, lol...

 

Ok, the techie side 1st: up left, you should see "user CP". click.

left hand menu, "edit avatar", click.

follow instructions (especially as regards size/pixels), upload, save changes, voila.

 

Next, charges. They never had a call like this before? My goodness, WHERE do you live? A desert remote scottish island? :D I would have thought by now, every branch in the uk would have been hit, lol.

 

Next, is is true? Yes.

 

Next, 6 years? Mhhh, that's something in motion. The general idea is that you should be able to reclaim further, but it hasn't been tested yet. It will be at some point, so keep watching!

 

Finally, the most important: Read the FAQs and forum material before you launch the offensive. You are taking on a multinational with unlimited funds, you need to know what you're doing.

Any question not already answered (not many of those with 17000 memebers and growing, lol), ask here, and we'll do our best to answer.

 

Oh, and tell your OH to have a good read about too to convince him. Or you can wait until you get your cheque and rub it in his face then, lol.

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  • 2 weeks later...

Hello All,

 

I just thought I would update you on my claim...

 

• I requested copies of my statements by phone on 5th. Paid £5 each

• Have told my family and friends, some more dubious than others and some

have registered to the site and are fighting the banks as I write...

• Just going through my statements and filling in the easier version of the

'charges spreadsheet' that I found in the 'Library' section.

• Having read the FAQs and threads, I have decided that I will not ask for i

interest at the preliminary stage as it is far to much for my non-mathical brain

to work out and I am happy to stick with asking for 8% when I take my claim

to small claims.

 

I must say that having done an extensive amount of reading, I think the FAQs could be arranged to make it easier plus I have loads more suggestions and I will be happy to add these in the most appropriate forum.

 

Thanks guys - you've started something big - possibly a revolution!

 

:p

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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:-? Hi All,

 

Yes I've read the FAQs and lots of the threads but...

 

I'm about to send my prelim letter for two accounts that I have with Barclays. Do I need to send them a copy of the charges spreadsheet and the dates incurred? If I leave it for them to clarify the amount, surley this would only delay things?

 

Thanks x

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Not at this stage. They have all they need on their own systems if they want to check.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 1 month later...

Hello All,

 

I just wanted to update you all on my claim.

 

I entered a claim on the MoneyClaim website and have received an 'Acknowledgement of Service' from a Mr Keith Jeremiah, Legal Executive from Barclays in London.

 

From reading other threads, this is a busy guy! Barclays now have '28 days from the date of service of my particulars of claim' to file a defence.

:confused: Can anyone confirm if this is the date I entered my claim onto MoneyClaim?

 

:confused: I've since received a letter from Barclays offering £230 in settlement - is there a template on the site to reply - I couldn't find one?

 

I now await my court questionnaire and will get back to you all if they enter a defence but am starting to prepare for my court case should the worse happen - this is now a matter of principle.

 

I've also made an interim donation to the site and will also do so if and when I win. I would urge everyone who hasn't yet done so to pledge a donation - we wouldn't be anywhere without the founding members and help from the Moerators. If everyone donated even a £1... come on guys! :-D

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Guest Mumofthreeboys
Hello All,

 

Can anyone confirm if this is the date I entered my claim onto MoneyClaim?

 

They have 28 days from the date it's served or deemed to be served. If they don't answer, deemed to be served is 5 days from the date you filed - hope that's clear.

 

I've since received a letter from Barclays offering £230 in settlement - is there a template on the site to reply - I couldn't find one?

 

I just sent a very brief 2 line letter saying I will accept, but only as an interim payment. Then they will withdraw the offer anyway.

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  • 4 weeks later...

Update...

 

Barclays have entered a defence and have written me a letter offering £250, which I declined. They have sent me back a letter basically saying that they will see me in court.

 

I've just filled out my Allocation questionnaire and was wondering what happens from here... I presume I get a court date through. Can someone kindly confirm.

 

Thanks!

 

S

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Guest Mumofthreeboys
Update...

 

Barclays have entered a defence and have written me a letter offering £250, which I declined. They have sent me back a letter basically saying that they will see me in court.

 

I've just filled out my Allocation questionnaire and was wondering what happens from here... I presume I get a court date through. Can someone kindly confirm.

 

Thanks!

 

S

 

I assume so, if they don't settle before that is. I'm in exactly the same boat as you - waiting for my date!!

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Thanks Mum of Three Boys - I will keep my fingers X'd for you too!

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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  • 1 month later...

Hi everyone,

 

My court date against Barclays Bank has now been set for 21st Sept at Croydon Court. I have been spending some time preparing for my case and need to submit any documents that I need to rely on in court.

 

I have copies of my statements but are there any relevant Acts I can take and does it have to be full copies. Can I also take in any recent announcements by the OFT and if so, where can I get these from?

 

Although I am a little nervous, I understood the implications of starting my claim and will go the whole hog! I would be interested to hear from anyone else putting their or who have had to put their case together.

 

I don't know if the bank will write to offer a settlement or have a no-show - let's wait and see - Wish me Luck!

 

Sharmayne

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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That's great, thanks for your help!

 

S:)

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Sorry, have hunted for the link you mention - can you please point me in the right direction.

 

Thanks!

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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Will reply to your PM here... also, have merged 4 threads on this claim. Please now stick to this one.

 

***************************************

 

I doubt very much that you will see them in court but, as you say, best to be prepared. My document bundle included elements that are required for a removal of default notice, so I have excluded those parts below.

 

You do not have to print out the full Acts shown below, the pages that contain the parts you wish to refer to should suffice, but I decided to give the lot.

 

You should start by listing any documents you wish to include, get them into a date order (for all correspondances) and then for anyorder you like for the other documents (Acts / references etc). Each document must be numbered, so you'll probably have to do this by hand.

 

Also, when you have everything in order, produce an index page which should look something like below.

 

One complete set of these each for

You

The Court

The Defendant

 

***********************************

 

INDEX OF DOCUMENTS

 

1. Correspondences

 

 

.....Date .......Description .................................................. ................No. of pages

(A) 11-03-06 Letter: Data Protection Act Disclosure request to HBOS PLC - 1

(B) 19-04-06 Letter: Request for repayment of charges to HBOS - 2

© 02-05-06 Letter: HBOS acknowledgment of (B) - 1

(D) 05-05-06 Letter: Letter Before Action to HBOS - 1

(E) 12-05-06 Letter: HBOS response to (D) - 3

(F) 15-05-06 Letter: Decline offer of settlement to HBOS - 1

(G) 19-05-06 Letter: HBOS further offer of settlement - 1

(H) 23-05-06 Copy of County Court Claim form issued by Claimant - 1 (2 sided)

(I) Court Document: Notification of claim issued - 1

(J) 31-05-06 Court Document: Notification of Acknowledgment of Service - 1

(K) Copy of HBOS Acknowledgment of Service - 1

(L) 12-06-06 Letter: Data Protection Act Section 10 Notification to HBOS - 1

(M) 15-06-06 Letter: Further explanation of claim to HBOS - 1

(N) 19-06-06 Letter: HBOS offer of partial settlement - 2

(O) 26-06-06 Copy of facsimile to HBOS and ‘Message Confirmation Report’ - 2

(P) 26-06-06 Letter: Claimant to District Judge - 2

(Q) 27-06-06 Letter: Claimant to District Judge - 2

® 27-06-06 Letter: HBOS reply to (L) - 1

(S) 28-06-06 Court Document: Notification of Defence Filed by HBOS - 1

(T) 30-06-06 Letter: HBOS confirmation of receipt of (O) and payment to Claimant - 1

(U) 06-07-06 Letter: HBOS copy of Allocation Questionnaire - 1

(V) 16-07-06 Letter: Claimant to District Judge and Copy of Claimant’s

Allocation Questionnaire - 5

(W) 16-07-06 Letter: Claimant to District Judge - Reply to Defence - 1

(X) 20-07-06 Court Document: Notification of Allocation and Hearing - 1

 

2. Authorities

 

 

...........Description .................................................. .............No. of pages

(AA) -- Copy of bank statements supplied by HBOS following (A) - 91

(BB) -- Copy of spreadsheet supplied with claim detailing specific dates

and amounts as requested for refund - 1

(CC) -- Data Protection Act (1998.) - 53

(DD) -- Data Protection Act (1998.) Schedules - 53

(EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(FF) -- The Supply of Goods and Services Act (1982) - 13

(GG) -- Unfair Contract Terms Act (1977) - 9

(HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( II) -- House of Commons Early Day Motion (EDM 2227) - 1

(JJ) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks Jonni - this thread will no-doubt helpso many people!

 

One more Q! Do I need to send copies to the bank to promt a full sttlement - thanks!

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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When you are exchanging documents, you MUST send a copy of everything to the bank - it states this above....

 

EDIT - you will not need the DPA documents since you are claiming money only. These should only be included if claiming for removal of info on your credit files.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 1 month later...

Dear fellow members,

 

Just to let you know that my case has been settled successfully with Barclays although I cannot give you any specifics.

 

If I can help you in any way with your case, please do not hesitate to get in touch.

 

I would personally like to 'thank' all of the moderators and other members that gave up their time to help me any many others. I always thought that it was too good to be true but I have been proved wrong.

 

Good luck to everyone who has a claim outstanding x :p

My Claim for £1,731.27 (includes court fees etc)

02/05/06 - Requested statments by phone.

12/05/06 - Received statements

22/05/06 - Sent preliminary letter

25/05/06 - Received 'standard response' letter.

 

30/05/06 - Sent LBA

12/06/06 - Filed Money Claim

15/06/06 - Barclays filed an 'Acknowledgement of Service'

19/06/06 - Barclays sent me an offer of £230

26/06/06 - Sent them a letter declining their offer and

requesting the full amount.

29/06/06 - Received a letter declining to pay full amount

14/07/06 - Received defence statement and Allocation

Questionnaire

26/07/06 - Sent off my AQ and cheque for £100

15/08/06 - Received notice of hearing. Date set for 21st September.

19/09/06 - Claim Settled Successfully

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you didn't agree to the confideniality bit did you! You should have crossed it out and returned - they would have paid anyway! But congratulations.

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Congratulations!!!!!

 

And thanks for letting us all know. I'm sure we can understand your reason for not being able to give specifics, but it's always heartening for the rest of us to hear of successes.

 

Enjoy your celebration!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Well done Sharmayne glad to hear of another success.

 

Barclays have just acknowledged my MCOL and have 28 days in which to respond.

 

Without going into specifics, at what point was your claim settled? How many days before the court hearing did they make the final offer?

Claiming £865 from Barclays.

 

6 years of statements already on file (never threw them out)

Preliminary letter sent 10/08/06

£420 Offer received from Laurence White on 30/08/06

Letter of rejection sent 06/09/06

LBA sent 21/09/06

MCOL Submitted 4/10/06

Acknowledged on 23/10/06 - Barclays have filed a defence 7/11/06

Case transferred to Cardiff Court and a directions hearing set for 21 December 2006

Barclays caved in on 18th December and made an offer to settle in full

Money in my account 2 days later.

Case closed

I won

Follow my thread here

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Hi,

just a few queries regarding the above bundle list:

1. The OFT report April 2006 (OFT842)-35. Does this only apply if you are claiming for credit card accounts?

2. The Data Protection Act (1998)-53. Is this for if the bank haven't sent your statements?

3. House of Commons Select Committee on treasury second report "Transparency in charging"-10. Is this only necessary for claiming on a credit card account?

Sorry if I sound thick, but I just didn'y want to add things to my bundle that I don't need. Please let me know

Thanks

Sarah.

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  • 1 month later...

Hi There,

I'm New To This And Got As Far As A Letter Received From The Woolwich Stating They Are Willing To Offer Me £1,000.00 Even Though I Am Claiming Nearly £5,000 In Charges. I Have Already Sent Them Lba And Thye Know That I Will Now Be Seeking The Full Amount Requested Through The Small Claims Court.

 

I Am Now Stuck! What Stage Do I Take Now? I Do Not Want To Sod It Up! Someone Please Help Me!

 

Thanks!

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