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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Angi v Barclays B/Account


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Hiya

My statements have just arrived, after sending a second letter into Barclays, as they didnt sent any statements just a year by year list of charges.

Now on these statements I have noticed the charges are Unpaids Out I've not seen this before, does it matter if they dont say what they are for? & I just write them on the spreadsheet as they are...

Next question, there are charges for Interest Charged can I claim this back?

Im pretty sure the Commission Charges I Can Not Claim.

Would someone just check my thread please....

Thanks So Much

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi Angi,

 

Unpaids out -claim

Interest and Commision - can't claim.

 

Time to finish SOC and get Prelim letter off.

 

Slick

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Thanks so Much Slick

 

Time to get printing & posting

 

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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  • 1 month later...

update

 

my claim is for £975.00

 

Barclays have offered me £500.00. as an ex gratia payment of full & final settlement of my claim

 

with this offer they have also sent a lengthly letter, making me aware of a court case pending between a number of financial institutions on the one hand & the Office of Fair Trading on the other( Im very aware)

The case deals with unauthorised o/d charges on personal account (as opposed to business accounts). One of the issues that will be considered in the test case is wheather these charges on personal current accounts are penalties at common law. In the circumstances it it possible that this case may inform the approach to be taken by banks in how they deal with business claims such as yours....

 

it does go on a bit, so are they now trying to tell me that, my claim would be just like personal accounts?

 

Im already in the middle of a claim with the HSBC with is at A/Q stage, does anyone think this claim is looking to go the same way?

 

Any help would be welcome

Thanks so Much

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi Angi,

 

Send them a rejection letter from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Continue with your claim and stick to YOUR timescale.

 

Send your LBA if you haven't yet and it is due.

 

Experience suggests that, once you file in court, a business a/c claim will be stayed just like a personal a/c claim, even though we think it shouldn't.

 

We're working on getting business claims un-Stayed, but don't let this delay your reclaim process.

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Many thanks for that reply, I will get busy with reply tomorrow, & let you know what happens next.

 

Thanks Again

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Ive got an old statement which has 2x Account Control Fee of £12. This is shown in the break down of the commision.

 

I thought I would be able to add this to my schedule but then later on they arent broken down. They just say commision? :s

 

Could some kind soul point me in the right direction :D

 

thanks!!

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SL56,

 

See my reply on your own thread.

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Hi TLB,

 

They should be but we're having trouble pursuading the courts of this.

 

Read Hattie's Barclays thread here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/119558-barclays-business-personal-bank-2.html#post1275257

 

Angi, sorry for the hijacks, Slick :)

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My business account has had an offer on it, so looks like they are still making offers, I wrote a LBA letter last week, waiting to see if they up the offer, if they dont, well its Court next stage.

 

Slick, dont worry about the hijacks, Im guilty of that too lol ;)

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi TLB,

 

Sounds like a reclaim on this a/c would be worth doing to reduce the amount owing to bank.

 

Start a new thread for this claim so we can keep up with it. :)

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TLB

 

You don't need a link to it as it's in the same forum (but here's one anyway - http://www.consumeractiongroup.co.uk/forum/barclays-bank/132890-tlb-barclays-business-c.html).

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  • 3 weeks later...

Does anyone know how long it takes Barclays to reply & pay up, once an offer has been accepted?

 

Thanks

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi Angi,

 

What's been going on - have you accepted the banks offer ?

 

Did you send them your LBA.

 

If they make an offer and you agree to it, you should be paid within a week or so, depending on whether they're sending a cheque or crediting your a/c.

 

However, there have been some more rare instances where the bank's taken many weeks and longer to settle.

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Hiya

 

Thanks for your reply Slick

 

I sent lba 19th Feb, got reply from bank saying final offer etc £500.00, for the second time, Ive already had a claim with hsbc put on stay this week, which is a lot more than this claim, so I thought maybe accept this offer, & was just wondering how long it takes the banks to pay up, before making up my mind, as this claim could well go on stay to...I'd rather have a bit money to be honest...I know that sort of means the bank had won in their eyes, but if I look at it through my eyes, I thought the money was gone forever..if that makes sense.

 

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi Angi,

 

Even though yours is a business claim, it's likely to be Stayed, initially at least. We're working at getting the business claims moving and have had some positive news just this week about this.

 

It's really down to whether you need the money now, in which case, £500 now is great as you never thought you'd see it again.

 

If you can wait a while, you should get the £975 + interest.

 

I said above about how long it may take to get paid if you accept their offer.

 

It's your decision now....................

We could do with some help from you

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