Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • 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
      • 161 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
        • Like
  • Recommended Topics

Mamma-Caz V Barclays - Help Please


Mamma-Caz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6352 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ta! MOTBx

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

  • 4 weeks later...
  • Replies 69
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi all.,

 

A tad p****d off just tried to start my judgment against the bank only to find out that it won't process it.

 

So I rang MCOL to find out why, when the claim was acknowledged on 3rd August and therefore obviously served that I have now got to wait until flippin Monday 5th September because the claim would be deemed as served on Saturday 5th August how bl**dy stupid.

 

Sorry having a rant feel annoyed enough with the whole process, I know I have got to wait but why say they have 28 days when in actual fact I now have to wait 32 days.

 

Grrrrrrrrrrrr!!!!!!!!!!!

 

:mad:

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Thanks Nightstar - congratulations by the way - have followed your claim - loved the response to Mr. McD. As good as "Is the Pope Catholic".

 

Regards.,

Caz;-)

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Hello Mamma-Caz,

That £10 per month you are being charged for is for an "Additions" account. I've just discovered that they have been charging me for this for the last 6 years. It is something i knew nothing about, have never used, do not know what it is for, and have DEFINATELY never agreed to, or signed up for. YES, I am claiming that back too., and i would suggest you do likewise. If you look at my thread "The Druid v Barclays" you will see that they owe me in excess of £300 for this service and have offered me a paltry £118 as a goodwill gesture. I have told them to "poke it" !! Best of luck in your endevours.

P.S. Here is the URL of my thread for your conveniance:-

http://www.consumeractiongroup.co.uk/forum/barclays-bank/15987-druid-barclays-bank.html?highlight=The+Druid

Link to post
Share on other sites

Here, for what it's worth, is what I've deduced from my own experience .. ..

 

"Commission" seems to be a sort of temporary term. When fees (including unlawful fees) are charged by Barclays they immediately appear on online banking as "commission"; but then, a day or so later, the wording changes to identify the type of fee (e.g "Paid Referral", "Unpaids Out" &c.) They later appear on printed statements under their full names; "Paid Referral Fee" or "Charge for item returned unpaid" &c.

 

But be careful, don't assume that a "commission" charge is necessarily unlawful. I believe they also use it when applying legitimate fees. My advice would be to wait a day or so then check again online to identify the charge.

 

I do think it's interesting that they use the word "commission" though, it's a bit of a give-away concerning their attitude to customers isn't it?

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.

Link to post
Share on other sites

Here, for what it's worth, is what I've deduced from my own experience .. ..

 

"Commission" seems to be a sort of temporary term. When fees (including unlawful fees) are charged by Barclays they immediately appear on online banking as "commission"; but then, a day or so later, the wording changes to identify the type of fee (e.g "Paid Referral", "Unpaids Out" &c.) They later appear on printed statements under their full names; "Paid Referral Fee" or "Charge for item returned unpaid" &c.

 

But be careful, don't assume that a "commission" charge is necessarily unlawful. I believe they also use it when applying legitimate fees. My advice would be to wait a day or so then check again online to identify the charge.

 

I do think it's interesting that they use the word "commission" though, it's a bit of a give-away concerning their attitude to customers isn't it?

I found two debit fees last week both of which have changed names now to overdraft protection fee and account fee so be careful with these comission fees when your claiming money back :)

:pNikki:p

22/8/06 Subject Access Request sent to Barclays

21/9/06 Statements here.

22/9/06 Sent request for repayment of charges. £2,380 :-o

19/10/06 LBA sent

19/10/06 Barclays send offer, Nikki sends thanks but no thanks letter

 

FAQs :::::::::::::::::::::::::- PLEASE READ THESE FIRST!!! -::::::::::::::::::: Read these, they really do help!

Link to post
Share on other sites

:? Just to keep you all up to date, the buggars filed a defence last night, so now I am waiting for the transfer to my local court, along with my allocation questionaire docs.

 

Would any of you now contact KJ or one of his posse to try and settle or wait and file the AQ first.?????

 

I would like all of your thoughts on this, especially those of you that have settled or are further down the yellow brick road to me.

 

Thanks

Caz.

:?

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Guest Mumofthreeboys
:? Just to keep you all up to date, the buggars filed a defence last night, so now I am waiting for the transfer to my local court, along with my allocation questionaire docs.

 

Would any of you now contact KJ or one of his posse to try and settle or wait and file the AQ first.?????

 

I would like all of your thoughts on this, especially those of you that have settled or are further down the yellow brick road to me.

 

Thanks

Caz.

:?

 

It wouldn't hurt to give it a go.

Link to post
Share on other sites

  • 4 weeks later...

Hi Guys,

 

HELP PLEASE - URGENT!!!!!!

 

I have received a letter from the courts "District Judge orders the claimant to provide information about:-"

 

"A fully Particularised Claim is set out clearly stating how the sum claimed is made up"

 

This is not a problem as I have copied all the bank statements and all letters and the summary which I sent originally to the bank etc.,.

 

THE PROBLEM IS THAT WHILST I WAS CHECKING THROUGH MY STATEMENTS AGAIN! I FOUND £60 IN CHARGES WHICH I MISSED - CAN I CLAIM THESE BACK IF I WERE TO PUT THIS INFO ON THE COVERING LETTER TO THE COURTS AND THE BANK (I have to send a copy of all the documents to the bank as well, as if they haven't got the info already der!)

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

No, not like this, you can't. You can alter your claim, but it will cost you £35, non-reclaimable, as it was your mistake. Is it worth it for £60? Only yu can decide.

 

What you could do, and I know it's a fair few months down the line, is when it comes to final settlement, to tell KJ that actually, there's been x additional charges and you'd like these included in the settlement. Might not work, as these are not additional charges since you first claimed, but these are the options open to you.

Link to post
Share on other sites

Thanks Bookworm, it wasn't really for the money it was more for the fact that if the courts are going to be thorough that they would be sniggering.

 

Out of interest what would you put in your covering letter to the bank.

 

Thanks

Caz

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

I have already filled in the AQ and sent it back and in response I have had back an 'Order for Further Information (allocation)'.

 

They are asking for a Fully Particularised Claim Is Set Out Stating How the Sum Claimed Is Made Up.

 

I have copied all my Statements, my original letters and Excel Spreadsheet summary and the Spreadsheet summary detailing the 8%. I have added the statement numbers to my spreadsheet and I was thinking that perhaps it would warrant a covering letter.

 

Any help you can offer would be gratefully received as now I feel a little lost!

 

Caz

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Oh, don't, Caz, that's just what they're trying to do, wrap you up in legalese and silly requests so that you give up.

 

You have a schedule of charges, with interest calculated, yes?

 

It will show type of charge, when incurred, how much for, number of date since offence occurred, and running total of charges, and total including interest. SO that's not a worry.

 

Covering letter?

 

To the court:

 

Dear Sir/Madam,

 

Please find enclosed a copy of the detailed schedule of charges, detailing how the total sum is made up. I trust this is sufficient information for the claim to proceed. I have also sent a copy to the Defendant, although I already had done so [remove if you hadn't!] and they have in any case access to all the information relating to my account.

 

To KJ (or is it AR now?):

 

Dear Mr KJ,

 

Since the courts asked for a fully particularised claim, please find enclosed a copy of the information sent today to the Court for your information.

Link to post
Share on other sites

Hi Bookworm - thanks for your quick response, I do not know what I would do without your help.

 

So I do not need to send the Statements I just need to send a copy of the Schedule?

 

Thanks

Caz

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Yes.

 

The statements show all your ins and outs, they don't show (even with highlights) the charges which you are claiming are unlawful, you see? They also don't show the interest which you are applying to the charges.

 

In the end, did you or did you not claim the Additions fees? I can't work it out from previous posts. (nothing to worry about, just curious!)

Link to post
Share on other sites

Hi,

 

No in the end I took them off, I felt it wasn't worth messing about and perhaps ruining my claim for the sake of approx £300 when the whole claim is for £4k +.

 

I am really grateful for your help, I will drop the info into the court today and post the copy to the bank via recorded delivery.

 

Thanks again - I will keep the site informed as to progress.

 

Caz.

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

  • 4 weeks later...

BUMP!

 

Hi folks,

 

Anyone out there who can tell me how long it took for them to receive a letter from the courts to give you a hearing date?

 

I sent the details of my claim to the courts on 6th October and I haven't heard anything back.

 

Am I worrying un-necessarily???

 

Caz

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Thanks - just done that and apparently they are waiting for the District Judge to sit and I should get the update within the next week.

 

Thanks for your help - M4n

 

Caz

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Hi M4N

 

I will definitely keep you informed my court is Telford, so it will be interesting to see the differences between your area and mine.

 

Caz

:)

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

Hi all,

 

Just to keep you informed I have had my dates for the court hearing it is 2nd February 2007 at 10.00am.

 

This will make it approx. 8 months from when I sent the first letter to the bank requesting my money back.

 

Well at least I now know when it will be and that hopefully I will get my money at the end of January.

 

Caz:smile:

Mamma Caz :p

 

"Round 'em up, put 'em in a field and Bomb the B******ds"

 

Particularised Claim 05/10/06

AQ filed 14/09/06

Defenced filed 05/09/06

MCOL served by 05/08/06

Thanks but only if you pay it all let 17/07/06

Offer let received 12/07/06

Letter before Action 04/07/2006

Barclays - Letter of Intent 16/06/2006

 

Classic Confidence Settled 13/10/06

Classic Confidence LBA 18/09/06

Classic Confidence 1st claim let sent 30/08/06

Classic Confidence - Data Protection Act let 03/08/06

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...