Jump to content


  • Tweets

  • Posts

    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • Have you previously requested the agreement by a CCA request ?
  • 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

Money4Nothing V Barclays **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6346 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

So you don't think that this is where I send them OFT report etc...they just want schedule of charges plus the particulars of the claim again.

If so - thanks a lot victimnomore - save me the hassle of printing it all out and posting it to them when not needed.

Thanks Sandbag also :)

Cheers

 

M4n

Link to post
Share on other sites

  • Replies 107
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Okay just used the particulars of claim from the library - and stuck my address and claim number on top of it - also attached list of charges with up to date interest totals + court costs...tallies up to £1930.80.

That sound okay?

Sending a copy to court - do I address it to the attention of the judge who sent me the order?

 

Thanks

 

M4n

Link to post
Share on other sites

I would just send it to the court - as long as it has the case number it should end up in the correct file.

 

Barclays' copy should go to the address the court should have given you for serving papers, probably;

Barclays Bank PLC

Litigation and Disputes

Level 29

1 Churchill Place

London

E14 5HP

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

Yep - that's the address on the defence...

I'm sending the courts copy to 'the court manager' - as it says on the order to send all correspondence to him/her.

Gonna post them tomorrow registered post - so that they can't turn around and say they never got them.

Thanks again for your help victimnomore! =)

 

m4n

Link to post
Share on other sites

  • 2 weeks later...

Called the court yesterday - and just as well I did...!

They had received the schedule and particulars of claim, but for some strange reason they didn't make it into my file - which had already been handed to the judge! Luckily they managed to find them and everything should now be okay!

Additionally I emailed KJ yesterday, just to ensure that they had their documents.

Got a reply this morning:

 

Dear M4N

Although I may have signed a Defence or letter connected to your case, I am no longer involved with account charges work. I will forward your email to the relevant team to address your query.

Kind regards

Keith

 

Had an email from a guy called Muz, he said that they have received the letter with charges etc.

 

So guess I'm now waiting for judge to have a look at my schedule and particulars of claim and set a date.

 

I've read that sometimes the judge asks for a preliminary hearing to decide how long the case will take, and this is beneficial as the bank are paying up sooner...

 

Anyone else at my stage in the game?

 

M4N

Link to post
Share on other sites

Called court this morning...

Well I've been calling them since 25th October - to see what's going on.

Case handler advised me that Judge has looked at my claim, and has allocated it to small claims track. He estimated that it would take 2 hours for the case to be heard, so I'm just waiting now for a date - hoping its not too far off.

I might ring Muz, and ask him if he's interested in settling - as soon as I get a court date, what d'ya think?

 

m4n

Link to post
Share on other sites

You can try m4n but I don't see it will get you anywhere. Nothing has really changed as far as they see it, other than there is now a date where it has to end by. Their tactics are quite obviously to hang it out as long as possible in the hope you may cave in. Of course this isn't going to happen in your case, but if they can get just one person to give up they have had a result. It's a complete abuse of the court system and shouldn't be allowed, but unfortunately it is.

Link to post
Share on other sites

Hi again Austen,

Well the best I can hope for is a very quick court date.

I spoke to courts again this afternoon, and said that they were still waiting for a listing.

They said that they would put it nearer the top of the pile if I had good reason.

Well my Mum is seriously ill in hospital - after 8 years of terminal cancer, and chemotherapy etc. So I've just written them a quick letter respectfully asking that they put my case thru asap.

I don't know if it will make much of a difference, but it can't hurt.

Also put in the letter that I was a member of consumer action group, and how Barclays were entering a defence, and 'intending to defend' but to date have not had a single case enter a court.

 

m4n

Link to post
Share on other sites

Hi all yesterday received obove notice from Middlesbrough County Court.

 

DISTRICT JUDGE ARKLESS has considered the statements of case and allocation questionnaires filed and allocated to the small claims track.

 

The hearing of the claim will take place on a date to be fixed at Middlesbrough County Court, Teesside Combined Court, Russell Street, Middlesbrough, TS1 2AE and should take no longer than 2 hours.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Date: 07 November 2006

 

The following directions apply to this claim:

 

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered no later than fourteen days before the hearing.

3) The original documents shall be brought to the hearing

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

6) either party relying on case law must include a copy of the judgement relied on in the documents

 

So - it's time to get my court bundle together for an unknown court date, that's great...

 

What does paragraph 6 mean?

6) either party relying on case law must include a copy of the judgement relied on in the documents

 

If I use the court bundle - is this included?

Thanks

 

M4n

Link to post
Share on other sites

Hi Money4Nothing,

 

I am in process of getting my Court Bundle together this week too. If I come accross anything useful I will let you know. Same goes if you find anything that I could use then give me a shout. I have got the Court Bundle from library section and have got all my correspondence in order.

 

My court date is 15th Dec so I have got to submit mine 14 days prior to this and would like to get it in early so that theres no chance of me missing the deadline.

 

Good luck with yours.

 

Tanz

Link to post
Share on other sites

Hiya Tanz,

In process of triplicating all correspondence and my bank statements.

Found one of their letters that charged me £30, and am going to include that as a sample.

Also, got the letter from Barclaycard saying that they were changing their charges from £25 to £12...might include this too.

Then its just a case of printing out the other bits of the bundle...

I'm gonna do a nice ringbound copy for the courts, with highlighted bits, and post its etc, to show the bits I want the judge to see - I'm just gonna bundle the other in an envelope and drop it at my local branch - and get a receipt for it...I'm not paying the postage! lol

If I think of anything else I'll pm you.

Good luck with yours, not that you'll need it - I forsee a full settlement on Mon 11th December 2006! hehe

 

m4n

Link to post
Share on other sites

Hiya Tanz...

Right - I've got two bundles of documents, one for the court that I've covered and ring bound...and the other for the bank that I've just hole punched and tied together...they weigh in at 100 pages, 40 of which are copy statements.

Okay so it all looks good - I've highlighted the charges on the courts copy.

Was going to highlight the relevent sections in UTCCR, UCT and SOG - anyone tell me what parts in particular/paragraphs?

I don't bother doing any of this for the bank - as long as they get a copy it should be okay?

 

m4n

Link to post
Share on other sites

Ok, still need some help with this highlighting...

So far:

 

Unfair Terms in Consumer Contracts Regulations 1999

 

Unfair Terms

5. (5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair

 

Schedule 2

1. Terms which have the object or effect of-

(e) requiring any consumer who fails to fulfil his obligations to pay a disproportionately high sum in compensation;

 

So I'm happy with that - it's very easy, because I'd quoted it in a letter...however what am I using the Unfair Contract Terms Act 1977 and Supply of Goods Act 1982 for in my bundle? If I can't actually highlight the relevent bits I might as well not include them.

 

Can anyone help me please?

Thanks

 

m4n

Link to post
Share on other sites

Okay I've stopped panicking now...

I've simply highlighted the bits that I'd said in my particulars of claim.

I put little post its in the pages that I highlighted to save the judge from having to flick thru it all...

Not going to bother doing the same for banks.

Do you think its okay to hand the banks bundle into my local branch, and ask them to put it in internal post?

 

m4n

Link to post
Share on other sites

Had some really good news...

I wrote to the banks on 2nd November basically telling them that my Mum was ill in hospital - and she is critically ill - and asked if they could gave me a date asap as I wanted all the court stuff over and done with...

 

Well the good news is that today I got a letter from court moving my date from 15th February to 8th December! at 10:30am :) I think this was due to the letter that I sent.

 

I also mentioned in the letter about the banks settling before every single case, and I believed that this would be the case here.

 

Glad that I got the bundles together straight away...

 

I handed in my bank bundle at my local branch, but it was almost closing time - so didn't get a receipt. Will ring litigation tomorrow - and see if they got bundle, also inform them that date has been moved forward.

 

A friend who lives near the court is handing in their bundle today...

So it's all go!

 

As always I'll keep you updated.

 

m4n

Link to post
Share on other sites

Rang Muz, but seems that he's left already - the pressure must have gotten to him...

A nice bloke called Alex answered the phone, and I asked him if he had received my court bundle - he asked me my name (not claim number) - and said that he had received it and would be dealing with it very shortly.

I had the cheek to ask if he was interested in settling and he basically confirmed that they would be settling.

I then asked if he was aware that the case had been moved forward to 8th December, it seems he wasn't aware - but he is now, and said that he would be dealing with this very soon.

What with this and Tanz being offered a settlement before he's submitted his papers, I think they are maybe gonna change their tactics...

Maybe we've actually broken them!!! haha

 

m4n

Link to post
Share on other sites

Lets hope so!!!!!!!!!!!!!!!! LOL

 

The lady I spoke to sounded really young and was quite nice and cooperative.

 

Perhaps they have employed some human beings rather than robots at long last.

 

It seems you will be getting a settlement sooner than they had planned then. Hope its before Xmas.

 

Keep us posted M4N

 

 

Tanz

Link to post
Share on other sites

It'll definately be before Christmas, or I'll be seeing them in court on the 8th December - lol

I think it may have something to do with the two banks that actually had judgements made, and were ordered to pay back the charges to the claimants...I don't have the link, but I think it was Lloyds and some other bank.

Lets hope so eh?

 

m4n

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...