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    • You can be sure that pardoning himself, stopping the other prosecutions and vengeance will be his first priorities if he wins. i dont think he will win, but no surety on that
    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
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The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
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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.

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      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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Boonyed v Barclays **WON**


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Ok folks... not much posting by me lately...

 

However, I now have a court date of 24th October... (long time off but my choice) I have emailed Mr Jeremiah and Nick Cardigan to offer them a chance to settle prior to court... I will start my email with the words 'without prejudice'...

 

I will keep you posted...

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I sent my bundle off to the court and copied it to Barclays last week, I received a letter yesterday offering me what amounted to 80% of the total sum they owe me. The interesting thing about the letter from Mr Jeremiah was that it was headed 'without prejudice save as for costs'.

 

After doing a little research myself and having spoken with a senior member of this site I have taken the decision to reject Mr Jeremiah's offer and sent the following letter;

 

Dear Mr Jeremiah

 

Thank you for your letter dated **********2006.

 

I see that what you are offering me is in effect a ‘Part 36 Offer’.

 

However, I know and I fully expect that you know that part 36 offers do not apply to small claims.

 

I consider that your letter is an attempt to mislead me and to intimidate me by presuming a lack of knowledge on my part.

 

If we do go to court on this then I shall be pointing out your tactic to the judge when the time comes to discuss costs.

 

I am prepared to accept £****, plus 8% interest calculated at the date you send your cheque, plus my £*** court fee.

 

I am not prepared to accept anything else, please do not bother to contact me again if you do not agree to this.

 

Yours sincerely

 

It seems that Mr Jeremiah and Barclays Bank will try anything to deter people from going to court. They do not want to lose a case as this will open the flood gates to everyone who has had penalty charges taken from their accounts.

 

Stick with it, its your money!!!!!

 

BOON

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Good on you Boon

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Nice one BOON, It would be easy to see why at first you would be tempted to accept the offer... However it is 80% of whats rightfully yours... Yes, its your money these people have taken in the name of charges... unfair and illegal penalties...

 

Stick with it, the last thing the banks want is to end up in court and lose and have a judgement against them... I can see the case law now... Boon v Barclays 2006...

 

Well done... :)

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I've just received the following e-mail from Mr Jeremiah.

 

Without prejudice

Dear Mr ******

I refer to my letter of ** August 2006. I am enquirying as to your decision regarding my settlement offer of £*****

I look forward to hearing from you.

Yours sincerely,

Keith Jeremiah

Legal Executive (Fellow)

Barclays Legal: Litigation & Disputes

Floor 29

One Churchill Place

Canary Wharf

London,

E14 5HP

 

To say he's their legal representative, you'd expect that he'd be able to spell!!!!

I told him to poke it and I'd only settle for the full amount.

 

BOON

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Mr Jeremiah has returned my e-mail accepting my request for a full refund including costs and interest.....which is nice!!!

 

Stick with it everyone, you too will get yours.

 

BOON

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I agree!!!!

 

I think it was 9th March when I sent my first letter.....over 5 months and they now decide to pay out!! I wonder how many have given up after a few weeks, or when challenged by Barclays.

 

My advice is to keep going, don't give up, they are playing the game all you have to do is play it with them.

 

I keep saying it and I'll say it again..... IT'S YOUR MONEY.

 

BOON

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I've sent off the ammended Barclays letter, accepting Mr Jeremiah's kind offer of a full settlement, including cost and interest. I've crossed out the confidentiality clause and informed him that I will inform the court when the money clears. That only gives him till Thursday......lets hope he's on the ball, they're working to my timescale now!!!

 

If anyone else receives a letter from Barclays, or any other bank for that matter, headed; 'without prejudice save as to costs', have a read through the previous page of my thread. You will see that this tactic is unenforceable and will not stand up in court. They are trying to intimidate you and the judge will take this into account when it comes to discussing the award of costs. That said, no claim will get to court!!! The banks can't afford for ANY claim to get there, they are petrified that a judge will find against them and so open the floodgates to new claimants.

 

DO NOT BE PUT OFF BY THE BANKS, DO NOT FALTER, TAKE EVERYTHING THEY THROW AT YOU.....YOU WILL WIN IN THE END!!!!

 

IT'S YOUR MONEY - GET IT BACK!!!

 

BOON - OUT!

 

Its been emotional

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Well done Boonyed.. Stick it to the man!! :)

 

Have you (or anybody who has received their charges back) considered now doing another Subject Access Request and asking for all the notes relating to your complaint re charges and the investigation of the complaint?

 

It might make interesting reading to see the internal procedures and comments when they receive another demand for charges to be refunded?

15/08 - Premilinary letter sent to Barclays - £2565

 

29/08 - No response to Preliminary letter. Sent Letter Before Action

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  • 2 months later...

hi boonyed. Congrats on winning :)

 

recieved our court date for the 31st january and looking forward to it. Was hoping that Barclays would pay up before the end of the year as this has dragged on for nearly 6 months now :(

 

Was interested to find out what you wrote in your letter to KJ? I am tempted to phone him to try and get him to settle sooner if that isnt the way to go then i wanted to email him.

 

Any tips on what to put?

 

Regards and congrats again.

 

Paul.

Barclays - Owed £3,471.50. Prelim sent 9/06/06 - BS letter recieved & ignored. LBA sent 23/06/06 - claim made 18/07/06 - Acknowledged 03-08-06

 

RBS - Owed £341. Prelim sent 13/07/06 - LBA sent 03-08-06

 

Abbey - still waiting for 3 years worth of statements.

Mark One - Owed 1197.50p. Prelim Sent 19-07-06 - LBA Sent 03-08-06

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Hi Boonyed and WELL DONE !

 

Your comments certainly provide motivation to carry on through 'the obstacles' erected to delay and dissuade by the Banks.

 

I am at 'Defence' stage with a mcol (Defence lodged after request for judgement at day 29 (after expiry of 28 day period). I am getting pretty sick of the way that the Court system is being manipulated by the banks, and the lack of regulation of their activities - great motivation to carry on.

 

Well done again - enjoy the cash !!

 

Jonnie R.:D

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Congratulations on your result. Leaves hope for us all.

I have just sumitted a letter to the wonderful Barclays for Some £2405 without interest applied.

I'm sure due to your success you are being bombarded with questions but I wondered if I could pose another?

Did Barclays leave your Bank account open as I understand some banks are closing customers accounts after paying up?

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interesting stuff....im gonna send off for my statements asap and see how much these buggers owe me!

 

Did Barclays leave your Bank account open as I understand some banks are closing customers accounts after paying up?

 

i'd like to know this aswell lol.....

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Good Drills, Cant Wait to send my stuff, Bring em on!!!!

MANY THANKS,

BLUE.

Barclays:

Data Protection letter sent 22/11/06

Prelim approach letter sent £1720.00 22/12/06

Bank offers me £1000.00 to settle 20/01/07

LBA sent 23/01/07

New charges added

MCOL filed £1780 + £310.26 + £120.00 = £2210.26 09/02/07

Court Date Walsall County Court: 17/07/2007

Barclays Case Settled and *WON* before court

Halifax:

Data Protection letter sent 28/11/06

Prelim approach letter sent £1325.00 08/02/07

Halifax Case Settled and *WON* before Court

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Well done Boonyed I think the determination won through and I can't see issuing a defence is anything more than delaying tactics.

 

I am new to this site but i wondered if anyone had any experience in claiming back charges from Barclays masquerading as "commission" when applied to a small business (sole trader) account.

 

my wife was banking under her own name "trading as" and has been charged more than £2,500 in the past 5 years. We are determined to get it back.

 

Any advice or experience would be welcome

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Congrats on your win!!! ;):) I am currently up to the point of submitting my claim to the small claims court (but getting a little nervous). I am trying to claim back 3750.00 plus interest. Barclays have offered me 1900.00 yesterday 12/11/06.

 

I’m experiencing problems with Moneyclain.gov.uk website. I don't suppose you could help out by posting your wording as i just cant keep it to the 1080 characters.

 

Really appreciate it thanks mancity5:rolleyes:

 

 

 

 

 

Well, nothing came in the post this morning, so I have just filed a County Court claim against Barclays Bank for £499.07.

 

The process was quite simple though I did have to monkey around with the model text from the library section to get it to fit into the text box provided. The problem was that when I was filling in the claim form it prompted me to add a section of text if I wanted to claim the interest incurred, so I cut and pasted that into the box and went over the 1080 characters, or 24 lines, allowed.

 

When I trimmed it down, I was still taking up more lines than I should have so I had to go through it all and see where I could trim a little more. Not too onorous a task though, I'm sure the bunce will make up for the hassle.

 

Wish me luck, and if there are any out there who have got this far with Barclays please get in touch, I might need a little reassurance.

 

BOON

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Thanks for all the good wishes, it's been a few months since I looked in on the site and was surprised at the number of replies to my thread. I popped back in because Barclays have deducted another 3 'illegal' charges from my account and I'm preparing to give it 'em large again.

 

A friend of mine also got paid out last week, the day before his court date, so hold your nerve and don't give in....THEY WILL PAY UP!!

 

Mancity5 asked about the wording for Moneyclaim, this is what I sent;

 

I have a contract with the defendant bank

dating from 19## which is conducted on

their standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last 6 years. The bank's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. Further, as a disproportionate

penalty they are invalid under the Unfair

Contracts) Terms Act 1977 s4 and under

the Unfair Terms in Consumer Contracts

Regulations 1999. Para 8 and sch.2(1)(e)In

the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s15. I have repeatedly

asked the bank to justify their charges but

they have declined to do so. I also claim

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 25th April 2003dates to be supplied to

24th April 2006 of £##.## and also interest

at the same rate up to the date of judgment.

 

I still have my bank account with Barclays and have not encountered any other problems, apart from the fact that they've robbed another 90 quid off me!!

 

Fytinbak - Have a look in the library section, I'm sure your wife will be able to claim her money too, but you'll need to look there for the relevant info.

 

Good luck all, not that you'll need it....remember THEY WILL PAY UP!!

 

BOON

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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