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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      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.

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      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.

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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.

      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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Sick of Barclays


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Hey, I am a total noob to all of this, and haven't even got a clue where to begin. Sorry if this is in the wrong forum.

 

Basically I am getting the maximum charges (3) per month from Barclays. This has been happening for about two years.

 

Granted, it is my fault, as I keep 'creeping' over my poxy five pound "buffer zone". Like for example I went one penny, yes ONE pence over yesterday, I got paid today, and I am Another thirty bun down. But it is mainly Direct Debit's that are coming out that I miscalculated, and they are taking me over by a few pounds even pence, and BAM, another thirty gone. Which leaves me short, and another charge becomes inevitable.

 

I have rang them numerous times, and I am just getting sick of it. I am in the process of changing my banks, but a friend told me about this website.

 

Do you guys think I can really get some of the money back, or am I floggng a dead horse?

 

Thanks for any advice.

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Ditto.

 

And further to your question about whether you can get some of your money back...you can get all it back ,with interest. Follow the step by step instructions, be aware this won't happen over night, stick with it, and claim what is rightfully yours.

 

Best of luck.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the help you guys. I am a little bemused by all of the sections though.

 

Claire, I can find the data protection letter you mentioned, but I couldn't find where to send it to.

 

I will continue to read the topics.

 

Thanks again.

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Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Mumofthreeboys
Thanks for the help you guys. I am a little bemused by all of the sections though.

 

Claire, I can find the data protection letter you mentioned, but I couldn't find where to send it to.

 

I will continue to read the topics.

 

Thanks again.

 

You send it to the address on your bank statements or at the top of each forum there will be sticky with an address on it.

 

Good luck, not that you'll need it xx

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Once again, thankyou all.

 

I will get that sent off asap.

 

I will report back in forty days :)

 

I shudder to think how much it will be.

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You never know they might send your statement really quickly! .....see you in 40 days!

  • Confused 1

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Take the time you are waiting to read up the FAQ's, visit the forum libraries and read other threads. The more you read, the more you will understand and gain confidence in what you are doing.

 

Good luck:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Ok so I received my statements today, along with this letter and my cheque for ten pounds.

 

Dear Mr X,

 

You asked for copies of your statement

 

Here are the copies of the bank statements you asked for.

 

You'll notice that the copy is not an exact duplicate of your original statement. This is because we produce copies of bank statements in a slightly different way.

 

The copy may include details from past statements that have been sent to you. Where this happens we have inserted a dotted line. Above the dotted line you will see a statement number and the date it was issued to you. The particular statement you requested will appear between two of these lines.

 

If you have any questions, give us a call on the telephone number shown on your bank statement.

 

Thanks for banking with us.

 

For and On Behalf Of

Centre Manager

 

So I went through all my statements with a highlighter and marked all of the charges. They came to £1015.00 in six years, I had thought it would be more atually.

 

What is my next step? Sorry for being a noob, I have read all the stickies etc. etc. but I would like someone to confirm what I should do next, or at least point me to the right thread.

 

Thanks for any help, it will be appreciated.

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Guest Mumofthreeboys
Ok so I received my statements today, along with this letter and my cheque for ten pounds.

 

 

 

So I went through all my statements with a highlighter and marked all of the charges. They came to £1015.00 in six years, I had thought it would be more atually.

 

What is my next step? Sorry for being a noob, I have read all the stickies etc. etc. but I would like someone to confirm what I should do next, or at least point me to the right thread.

 

Thanks for any help, it will be appreciated.

 

You need to read the FAQ's and the Step by Step instructions - it will lead you all the way - there in the library section at the top of the forum :D

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Guest Mumofthreeboys
Got it, cheers Mum :D

 

So I will send my preliminary approach letter next.

 

I will post in here what happens next.

 

Thanks.

 

They stall you and try to put you off your timetable, which is 14 days for Prelim letter, then you send the Letter Before Action, which gives them another 14 days, then they stall some more and you issue a claim with the courts.... :D

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Thanks.

 

Another Question, in the Step by Step it says this,

 

Enclose a schedule detailing the charges you are claiming, but do NOT include the 8% interest on the schedule yet.

 

But the actual prelim template it says this,

 

I calculate that you have taken £1,015.00p plus £XXX which you have charged me in overdraft interest for the sum which you have taken.

 

I take it that means I add 8% of 1,015 in the letter, but leave it off the schedule for now?

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But it is mainly Direct Debit's that are coming out that I miscalculated, and they are taking me over by a few pounds even pence, and BAM, another thirty gone. Which leaves me short, and another charge becomes inevitable.

 

I know this is slightly off-topic, but that used to happen to me all the time, hence why I'm here. If you have this problem regularly, I've found a simple solution which has made things much easier for me - I have a second bank account with Barclays, from which all of my direct debits come. A standing order goes out of my main account on the day I get paid into the second account, which then covers all the direct debits. That's the only thing I have the second account for, and have no cash card or cheque book for it.

 

That way all my direct debits get paid on time, without ever surprising me or taking me over my limit, and I know that all the money in my main account is there for me to spend without having to worry about keeping some aside for DDs. It's been a real life-saver for me.

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That's a good tip. Might be worth posting that in the general forum.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Mumofthreeboys
I take it that means I add 8% of 1,015 in the letter, but leave it off the schedule for now?

 

No you do not add 8% interest until you file a claim with the courts.

 

On the spreadsheet, there are two pages, the first one is where you input your charges and it works out the interest you have been charged where their charges have taken you overdrawn and the 2nd sheet calculates your 8% interest automatically. The figure shown on the 2nd page is 8% which you include with your court claim.

 

Hope this is clear, MOTB xx

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Guest Mumofthreeboys
Ah ok, thanks.

 

Final question for now, do I send it to the same address as before? Leicester?

 

Yeah, unless they've told you otherwise, which they won't have done :rolleyes:

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  • 3 weeks later...

OK, so I received this letter today..

 

Dear Mr X,

 

We are sorry you have had to contact us about the level of service you have received from Barclays. Thankyou for taking the time and trouble to do so.

 

We are looking into your concerns and will let you have an answer or an update as quickly as possible, but no later than 28 September 2006. In the meantime if you wish to discuss this matter further please call us on 0845 609 0806. If calling from overseas please call 0044 113 389 8065.

 

I have enclosed a leaflet explaining how Barclays works to resolve complaints. I hope you find this useful.

 

Thank you for bringing this to our attention.

 

Yours sincerely

 

Customer Relations Advisor

 

Enc. Customer Complaint Leaflet

 

Is it just a case of waiting now, or should I ring them up?

 

Thanks for any advice.

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Not sure whether I just replied to this or not. Pressed something and it all disappeared.

 

Stick to your own timetable. If the let from Barclays is in answer to your prelim letter wait the requisite amount of days and send the LBA and so on - follow the procedure outlined in the steps in the FAQs.

 

Hope this helps.

:eek: Gettin'evil

Got a question? - see if the answer is in the FAQs before you post!!

Subject Access Request sent 20 June

£10 cheque cashed 6 July

16 July - Statements received

£1024.07 prelim let sent special del 26/07/06

Reply from S Higley 31/07/06 (how fast was that):D

02/08/06 LBA sent to Bishopsgate with proof of delivery from PO

Acknowledgement let dated 7Aug from S Higley

Moneyclaim issued 6.09.06 £1433.94 :cool:

Acknowledgement of service rec'd by MCOL

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Guest Mumofthreeboys

The letter doesn't really say anything satisfactory. This is a stalling letter - so wait until the deadline is up and move on to the next letter.

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You have to be amused by these letters from Barclays, don't you.

 

I got a similar one today. If you're interested you can see it, and my reply, in my thread at http://www.consumeractiongroup.co.uk/forum/barclays-bank/27348-victim-no-more-barclays.html

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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