Jump to content


  • Tweets

  • Posts

    • Hi Shelley and hope you're ok 🙋‍♂️   Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.   Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.   Or 2,500 x 0.08/365 = interest per day = 55p per day   Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.
    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
  • Our picks

HattieTheFirst

Barclays:Business/Personal Bank Charges (POCs)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4191 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I have just had a letter from my local court saying the case has been stayed. Barclays have contacted me by letter offering me GBP 200.00 (which is a fraction of what is being claimed) of which I will refuse.

 

Hattie

Share this post


Link to post
Share on other sites

Hi Hattie,

 

How come your name's changed ?

 

I suggest you write to your local court now, reiterating the points set out in post #18 of the last page of your thread, and see if you can persuade your local judge that your business claim should NOT be Stayed.

 

Good luck - Happy and Prosperous New Year to you.:)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi

Sorry for the confusion re name change. I had forgotten my password and I must have made a slip up with my username when I set a new one up!

 

I will send the same letter details re post #18 to the local judge and wait and see what happens.

Thank you. Happy New Year

Hattie

Share this post


Link to post
Share on other sites

Hi Hattie,

 

Saw this post and wondered how you're doing with getting your case moving - http://www.consumeractiongroup.co.uk/forum/general/130570-fos-resumes-business-claims.html#post1372643

 

Give us an update.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi

 

I sent all the replys that you suggested and it did look promising about Christmas time. However, a got a letter from the Court probably 3/4 days ago confirming that the case has been Stayed. I also got a letter from Barclays offering me a miserly £200 of which I am obviously not accepting.

 

Are there any dates planned in the near future when they will reviewing the situation re Stayed cases?

 

Thank you.

Hattie

Share this post


Link to post
Share on other sites

Thanks Hattie,

 

I'm waiting to hear how Pov got on with her court (same situation), then we'll put our heads together and come up with a cunning plan !!

 

I'll be back !! :cool:


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi

 

Just to say that I got a further letter...............

 

"The District Judge has stated that the stay will not be lifted on the information before him".................

Catch

Share this post


Link to post
Share on other sites

Thanks Hattie - I'm on the case. :cool:


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Hattie,

 

Change of tactics, as the courts don't seem to have the guts to play fair.

 

Send this to Barclays by Rec'd Del'y and see what happens.

 

Barclays Legal and Compliance

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP Date

 

Dear Sir or Madam,

 

Claim No xxxxxxxx

Xxxxxx County Court

 

My claim against Barclays Bank PLC is for the repayment of unlawful penalty charges levied against my business account.

 

My case is currently Stayed by the Court and I am in the process of having the Stay lifted on the basis of the FSA Report (Two month review of unauthorised overdraft charges complaints handling waiver) published in November 2007.

 

I quote s.17 of the report :-

 

“17. The waiver does not include small business current accounts, because its scope is aligned with that of the OFT’s wider investigation which relates to personal current accounts. Firms have agreed to put arrangements in place to ensure that small business customers, including those who thought they were covered by the waiver, are not disadvantaged.

 

It is clear from the FSA Report that my claim should not be affected by the blanket Stays applied by the Courts to personal current accounts.

 

The purpose of this letter is to request that you confirm to the Court your agreement to the lifting of the Stay so this case may proceed without further delay, in accordance with the undertaking given by Barclays Bank PLC to the FSA.

 

Please confirm within 14 days that you agree to my request. If your agreement is not forthcoming, representations will be made by me and other claimants to the FSA without further notice.

 

Yours faithfully,

 

…………………

Hattie


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Hattie,

 

I think you saw my above ltr later on in the morning I posted it.

 

If you've not already sent it to Barclays, please note I've removed the second sub-paragraph quoted from the OFT Review.

 

If it's gone already, no probs.:cool:


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi

 

I'm just working on the letter to send off and when I have looked at the OFT Review I presume you mean add the following:- covered by the waiver (note4).........

 

(4) Firms have agreed, in particular, that when handling complaints about unauthorised overdraft charges from small

business customers, the complainant will be given the option to accept an offer in full and final settlement, or for

their complaint to be deferred and considered following the determination of the test case. This is because of the

possibility that the test case might inform the approach to be taken in dealing with complaints from small business

customers about these charges. In this situation firms will not seek to rely on any time bars affecting the complaint,

or the customer's ability to complain to FOS.

 

Just wanted to get it right!

Thank you

Hattie

 

Share this post


Link to post
Share on other sites

Hattie,

 

I amended the letter which I first posted at #34 above and REMOVED the sub-para. Please send the letter as currently set out in post #34.

 

Sorry if I've confused the issue.:cool:


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Hattie,

 

No word yet from Barclays ?

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/80397-martin3030-barclays-business-round.html#post1418471

 

Martin's d/w Barclays (business) too.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi Hattie,

 

I see you've not looked in since 21st Feb and hope you're OK.

 

Please give us an update :)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hi

 

Sorry to have been away for so long!

 

I did not ever receive a reply from Barclays (re #34)?

 

Regards

Hattie

Share this post


Link to post
Share on other sites

Hi Hattie and glad you're back.

 

Did you have a look at the link I gave in post #40.

 

Can you write to Barclays saying:-

 

" I have received no reply to my ltr of xxth Feb, a copy of which is enclosed.

 

Unless I hear from you within 14 days confirming that you will agree to the lifting of the Stay, Formal Complaints will be made to the FSA and the OFT without further notice.

 

Yours faithfully, Hattie "

 

Let us know in 2 weeks if they've had the courtesy to reply.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Hattie,

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

Sorry, but the ruling today appears to make business claims untenable.

 

Work will be done on this and we'll keep you posted.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thread moved to new forum for business claims :)

Share this post


Link to post
Share on other sites

Hi

Just to say thanks for all your help guys - I'll keep the business claim on the back burner incase things change.

 

Hattie

Share this post


Link to post
Share on other sites

Hi Hattie,

 

Thank you too for fighting all the way as you have done.

 

We'll keep you updated if anything changes. :cool:


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...