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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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kemjvm -v- barclays


kemjvm
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Hi

 

I've sent of my "Letter Before Action" letter demanding my charges back. However, since sending the letter specifying the amount to repay, I have been charged again. What do I do? Do I send and additional letter stating that the amount has risen, or do I have to send the LBA letter all over again?

 

Many thanks

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  • 3 weeks later...

Had an incident recently where Barclays have charged me 2 x £35 in one day for returning 2 items (one of which shouldn't have been returned anyway, so was a mistake!). Then I got a letter saying "we've charged you £35 for this item (only referring to one item) and we will only charge you £35 once, each day on each account". :confused:

 

Phoned them up and after being on hold for about 20 minutes while the call centre guy scratched his head and called someone who knew a *little* more about banking than him, I was told by the second guy "you were charged twice because they were both different payment types". Basically even though I was telling him what the letter said, he was still confident that I was being charged because they were 2 different payments types. According to this guy, if they had both been Direct Debits for example, I would have been charged only one £35 charge! :confused:

 

I told him how bad this was and that the letter didn't support what he was saying. I demanded both charges back, which at first he refused. Then I basically said I wanted both back, and if I didn't get them both they were both being included in the amount I was going to claim from them as they are illegal charges. It was like the penny dropped, and immediately the guy turned "human" (or as human as he could be!) and refunded both charges.

 

I've looked back on my statements (I've already sent LBA out this week) and there were another 2 cases where this happened. Not a legal person, but I assume that if needed, people could use this breach in "Rules & Regulations" (or whatever you want to call them) if you need to in court. I've read the odd one or two threads on here where people have noticed they've been charged more than once in a day for returned/unpaid items, so I know I'm not alone.

 

Anyway, thought it may be of interest to some on here.

 

Keep fighting guy's, and good luck to you all :grin:

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Barclays say they will only charge one charge of each type on a day. Was one of them a bounced cheque and one a direct debit or something like that?

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 2 weeks later...

Hi all!

 

Here's where I am up to with my claim.....

 

Looked through statements and added up the charges. Sent off both letters (the request for repayment & LBA). I have this week received a letter back from Laurence White (pp'd by M E Kelly) offering a good will gesture of approx 50% of my claim.

 

This all seems to be standard from what I have read on other posts.

 

So, my next step....... do I write back and say

  1. I accept it as PARTIAL settlement (and amend the acknowledgement form) and advise I will pursue the rest, or do I
  2. write back and say I don't accept it as it isn't the full amount and therefore I will begin court proceedings? (and should I give them another 14 days, even though they have now had over 28 to settle this?)

From what I've seen, barclays seem to withdraw their offer if you don't accept as a "full and final settlement" so I'm I just wasting my time with option 1, and therefore should I just go for option 2?

 

Thanks in advance

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Barclays say they will only charge one charge of each type on a day. Was one of them a bounced cheque and one a direct debit or something like that?

 

Erm, 1 Cheque, 1 Standing order. Wouldn't mind but the cheque was guaranteed and i paid the additional money in at 9am when the branch opened (never had a prob in the past if I did this, even if a cheque wasn't guaranteed)! Since then the company who got my cheque back then put through a card purchase on my debit card (without my authorisation) for the amount of the cheque (they had an imprint of my card on the back of the cheque). I know this isn't allowed, and this company hasn't sent my cheque back.

 

Vampiress - thanks for your help, and sorry about the different threads :)

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Erm, 1 Cheque, 1 Standing order. Wouldn't mind but the cheque was guaranteed and i paid the additional money in at 9am when the branch opened (never had a prob in the past if I did this, even if a cheque wasn't guaranteed)! Since then the company who got my cheque back then put through a card purchase on my debit card (without my authorisation) for the amount of the cheque (they had an imprint of my card on the back of the cheque). I know this isn't allowed, and this company hasn't sent my cheque back.

 

Vampiress - thanks for your help, and sorry about the different threads :)

No problem.

 

Ok, if another company has taken money from you twice, you should take it up with them.

 

With regards to how the charges occured, don't worry, you'll get it back anyway, but for future reference you'd be best to phone your bank and ask them.

[

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Just drafeted the following:

 

I refer to your letter dated [date].

I am writing to advise you that I do not accept your offer of £x as full and final settlement for charges placed on my accounts.

Please be advised that I will now begin court proceedings as previously advised.

 

Yours faithfully,

 

Do you think this is Ok?

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Perfect. :-)

 

I'm guessing you've got your claim and schedule all sorted ready to go, right?

 

Just been reading through the forum this evening to try work out what I need to do! i also need to put in a claim for HSBC too cos they're up to their tricks!

 

Sorry to be a pain, but can you advise where is best to look/start etc?

 

I've printed out the guide notes for moneyclaim etc and trying to understand things from there.

 

Thanks again

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Always the FAQ's and Libraries hun. Lol.

 

I haven't any knowledge of moneyclaim personally. I found an N1 form easier to do as you can attach your schedule at the same time and are not limited for words.

 

Actually going to the court to submit your form is a good experience too.

[

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Always the FAQ's and Libraries hun. Lol.

 

I haven't any knowledge of moneyclaim personally. I found an N1 form easier to do as you can attach your schedule at the same time and are not limited for words.

 

Actually going to the court to submit your form is a good experience too.

 

I honestly did (honest). Was just back in there now, but why did it take me so long to see **FAQ** and click the link!? Ha ha!

 

Anyway, then found the step-by-step instructions which I had seen before. No excuses, I'm being an idiot :D

 

You have been most helpful (but don't go away!....)

 

I will file my claims asap.

 

Cheers a lot

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You do realise you're interrupting my spreadsheeting. All these people wanting to claim contractual rate will be tut tutting at you. Lol.

 

Have fun, and let us all know how it goes.

Don't get bogged down, a day or two late will only work in your favour.

 

Now I must go spreadsheet!! ;-)

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  • 2 months later...

Hi All! Long time no post!

 

So, here's where I am...... I wrote back to Barclays and refused offer. Then started my claim online. They defended and I eventually received my allocation quationnaire. Serached the forums and found details for completing this.

 

Just completeing the form now and will have it back to the court some time soon.

 

Good luck everyone!

 

:)

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  • 3 months later...

Hi all!

 

Just a quick one for a little advice.

 

I got a letter from the county court with a date for "Pre Hearing Directions". little confused. Does anyone know what this is? Is this the "big day" when the judge will decide who wins?

 

There are 2 pages. The first titled "General Form of Judgment or Order" says:

 

Before DISTRICT JUDGE XXX sitting at the courthouse.

IT IS ODERED that this matter be listed for pre heaing directions on (date & time)

 

The 2nd page titled "Notice of PRE HEARING DIRECTIONS" says:

 

TAKE NOTICE that the PRE HEARING DIRECTIONS will take place on xxxx when you should attend.

Please note: This case may be released to another Judge, possibly a different court.

 

No details regarding sending in documents etc.

 

Can ayone explain what this means?

 

Thanks :)

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