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    • Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.
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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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