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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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BARCLAYCARD Round 2 ***WON***


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Having recovered all charges + 8% from these guys for wifey I have now started on my own.

 

BC responded surprisingly quickly to my Subject Access Request and sent all the info they had going back to 2002 which is when the account was opened. They did point out to me that their microfilm stuff (ie pre 2004) was not 'defined as a relevent filing system' so far as the 1998 data protection act is concerned and that they only dug it out and sent it to me as a favour. Nice, hey??

 

Well, I have sent my preliminary request and SOC - in fact, 2. one @29.9% and 1 @ 8% (compound) and basically told them to pay the smaller by return and by cheque, or I'll see them in court for the larger.

 

In general terms, is one considered to be short in the 'bottle' department for accepting anything less than CCI??

 

Keep the faith, T.

Edited by skintboy69
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Hi Skint,

 

Not many peeps go for the higher rates of interest, probably for several reasons.

 

I set these out in post #2 of your other thread - http://www.consumeractiongroup.co.uk/forum/barclaycard/158327-let-battle-commence.html#post1694460

 

The reward, if you're succesful, are considerably higher than a "simple" reclaim, but it's a longer and harder fight and you'll have to pay for the various stages of the court process. You can claim this back, of course.

 

Take a good read of this thread, where Noomill is helping Brindles - http://www.consumeractiongroup.co.uk/forum/barclaycard/163825-morgan-stanley-barclaycard.html

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Good morning Slick. Yes, I know the pros and conns and 8% is definitley the easier road.

 

When I first found this excellent site about 18 months ago there were quite a few posts saying, more or less, if you don't go for your full entitlement ie CCI, the banks etc. would think you didn't know what you were doing and would be less inclined to settle.

 

It seems to me that the game has changed somewhat over the last 12 months and I was interested to see what current practice is.

 

As for me, even if I don't recover another penny from the various institutions that have taken charges from me over the years (and I don't think that likely ;)) I can honestly say that this site has changed my life. It has taught me that banks can't just do what they want to you. It has taught me how to fight back and it has given me the motivation to re-organise my finances. I'm still skint, but I'm getting there. I don't jump every time the phone rings and I don't hide unopened mail because I'm too scared to see what's inside. I did 18 months ago.

 

Keep the faith.

T.

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Hi Skint and thanks for the inspiring post - this is what CAG is all about!!

 

I can't speak about other institutions but, with BC, it seems they are now quite happy and quick to settle after maybe one or two refusals.

 

They even throw in an 8% bonus which really is a goodwill gesture.

 

They are doing this because they know they would fail in court and because they are saving a lot compared to paying interest in restitution or at the contractual rate. :)

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BC are paying out very fast at the moment, I sent my Prelim on the 22nd Oct, on the 3rd I had a partial offer which I refused and sent LBA and they paid out in full on the 8th November.

 

So from Prelim to payout was 17 days in total.

 

I only went for the charges and they added 8% on top.

 

Good Luck :)

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Hi Scatz! Did you have any over limit charges and if so did you claim them back?Have just received my husbands SAR from Barclaycard and because of the payment protection he is constantly over the limit resulting in a £12 over credit limit charge.Any help welcomed with open arms1RegardsML

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Hi MandyLou,

 

Start yourself a thread in this forum and we'll be happy to help as required.

 

As well as reclaiming the BC charges, have a think about whether the PPI was agreed to properly when taken out, and whether it's really required now.

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Gesture of goodwill letter arrived today. it was processed 2 days after they received by claim.

 

My rejection letter is aready written and ready to go. They have about a week to come up with the full amount. Otherwise, I'll have to dust off my wig (if you know what I mean). :roll:

 

Keep the faith.

 

T. 8)

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Hi Skint,

 

I assume they only offered a partial refund.

 

:)

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As ever, Slick, but they will have my rejection tomorrow or Monday.

 

They still have 6 days to accept the 8% claim in full. If they don't, it's off to court for the full 29.9%.

 

They've had fair chance to save themselves a few bob, in fact I spelled it out in words of one syllable but when the 6 days are up, they're up. :-D

 

Keep the faith.

 

T. 8)

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Their time is up. I've heard nothing from them since their 'gesture of goodwill'. I posted the rejection letter last weekend and the 14 days I gave them has expired.

 

They will, therefore, receive from Santa (aka skintboy69 :-D) an LBA for all charges + CCI. They have been warned!!!!!

 

Wish me luck; I might go down in flames :eek:.

 

Keep the faith.

 

T. :cool:

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Quick update.

 

Today I received their response to my rejection letter. In it they give the usual c*#p and say I will have the results of their 'investigation' by 8th January.:eek:

 

Happily for me (but unhappily for them) they received my LBA today as well.

 

In it, I had advised them that the deadline for accepting my 8% deal was passed and it was now, so to speak, the full monty.

 

To add to their misery, their 14days to reflect expires before 8th Jan. I wonder what they'll do. :-D

 

I wonder what I'll do. :rolleyes:

 

 

Keep the faith.

 

Best wishes to all.

 

T. :cool:

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So have you enclosed an SOC specifying the full amount of int't which you are now claiming.

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Hi Slick.

 

Yes I have. As I said in an earlier post, when I sent my original prelim. I sent 2 soc's. one @ 8% and one @ 29.9%

 

I gave them a fair choice. Either pay in full at 8% within 14 days or I would file my claim with the county court for the full 29.9%. I made it perfectly clear that the 8% offer was only open for 14 days and that I made them this offer to facilitate a quick settlement at minimum cost to both parties.

 

As usual, they have chosen to faf around with a rediculous gesture of goodwill. I wrote back rejecting that and reminded them that they still had a few days to pay up.

 

Again, they chose to ignore it so I sent a LBA + SOC at the end of the 14 days.

 

I have since received another letter from them - a different department though, saying I would have their response by 8th. Jan. This is obviously a response to my rejection letter, because it was posted the day I posted my LBA. The 14 days grace given in my LBA runs out before 8th Jan. so I'm wondering how they will react.

 

Any thoughts??

 

T. :cool:

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  • 2 weeks later...

Greetings troops. I hope Christmas went well for you all.

 

Here's another update - and I could do with a bit of advise as well.

 

BC actually got back to me on Christmas eve, a good bit earlier than they said. They have credited my account with the balance of their charges + a flat 8%.

 

I'm now of three minds (quite a feat for someone with a tiny brain :p)and I would really appreciate a bit of considered feedback. Here we go:

 

1) Accept the £xxx and consider it a result - which it's better than the proverbial poke in the eye etc.

 

2) Acknowledge receipt of a second part payment and ask them to come up with a mutually acceptable settlement.

 

3) File a claim for £xxxx and see what happens in court.

 

As usual, the interest they have charged is about 3x the actual charges. At present, I favour options 2 & 3 but I would welcome your combined wisdom.

 

Keep the faith.

 

T. :cool:

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Hi Skint,

 

They won't negotiate with you or improve their offer, so forget option 2.

 

If you are confident of your understanding of interest and the reasons you want to claim it from BC, you could go for it. It is unlikely to be decided by a judge in court as BC are likely to negotiate a settlement at the last minute. Even just before the hearing on the day so you'll have to pay AQ and hearing fees up front.

 

You'll need full court bundles too.

 

If it gets too tough during the run up to your full court hearing, you can always back down and settle for the charges + flat 8%. You'd have to agree with BC about court fees.

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Hi Slick. Thanks for coming back so quickly. Your reply is just what I expected - but we live in hope.....

 

I think I'll take this one all the way, though I know I'll need some help with the paperwork. Will you be around??

 

As to understanding the principals; my understanding, at present, is a little basic to say the least but I'm reading up on everything I can find on the site and I won't file until I'm sure of what I'm doing. I assume I can take my time at this stage.

 

From a legal point of view, I would have thought it obvious that if the charges are unlawful then any intrest added to those charges must be unlawful as well. (too simplistic??)

 

The court costs are not really an issue either as BC have already returned substantially more than that, however, if it goes to court and I lose :eek: what might their costs be? It would be small claims anyway.

 

 

Cheers, T.:cool:

Edited by skintboy69
crap spelling!
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Hi Skint,

 

If you're going for full interest, file now anyway as it'll be ages before you get to a hearing date, by which time, you'll hopefully be an int't expert. ;)

 

Court costs shoulldn't be an issue as this should be Small Claims Track. Court fees can be negotiated on if you decide to withdraw your claim and accept just charges + 8% Statutory Int't.

 

(too simplistic??)

A bit, yes.

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Hi Slick.

 

It makes perfect sense to me. :p Maybe I should give up engineering and be a judge. I'd soon set the world to rights.

 

Seriously though, thanks again for the help and advise. I'll try to get the papers to the court early next week.

 

Watch this space.

 

Keep the faith.

 

T. :cool:

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