Jump to content


  • Tweets

  • Posts

    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
  • 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

Welshman v Barclays **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6191 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

One final question on filling the MCOL what were the answers to the two questions beneath the text box:

 

Does or Will your claim include any issues under the Human Rights Act 1998 Yes/No

 

and

 

Do you reserve the right to claim Interest Yes/No

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

  • Replies 301
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi ashtont.

 

We are all, hopefully, singing from the same hymn sheet. I've been inspired by all the success stories out there. It makes fascinating reading.

 

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Hwyr da, Welshman.

 

Have only just seen your PM.

Just read your thread and glad to see that Bookworm has given you the inspiration you needed.

Good luck with your claim.

 

Sorry to hear about your sad loss. Was it someone close ?

I lost my Mother 12 months ago and my Father 2 years before that, so i can empathise with you. Even if it isn't someone close, it still hurts.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Thanks for the condolences. It is a cousin of mine who passed away. Although not really close, the family's getting smaller and we all have to close ranks for support to her two siblings.

 

I am, by the way also in the market to give Welsh Lessons :-)

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Today's Day 14 after the LBA was sent. So it's Court Filing Day tomorrow.

 

Received my "Sorry you're not happy to accept our offer" letter from Jackie Walter, Customer Relations Manager.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Good on you Welshman..............should have your money just in time for christmas

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

Link to post
Share on other sites

Hi Maisielou - and thanks.

 

Somehow I doubt before Xmas because, even before yesterday's announcement about the OFT being called in, they were dragging their feet. BUT, you never know.

 

What does concern me is that if, say, the OFT say £12 is a reasonable figure, will the order be retrospective and, if so, will the Courts then adjust claims accordingly therefore my masses of £20 penalties are reduced to £8? By my calculations, my claim after reducing by that amount is halved.

 

Also, I still believe that even £12 is way way over the top. One letter comprises one envelope, one sheet of paper, ink for printing, postage - how much? Everything else is electronic. They notify the person to whom the money should have been paid once then that should be it.

 

There are going to be lots of "What if's".

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Good Luck to you too. I did mine just after midnight so it would be processed at 9am this morning.

 

I'm taking this all the way as I have nothing to lose and everything to gain.

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Good on you - with you all the way

 

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

Link to post
Share on other sites

Received the "Notice of Issue" letter from Northampton County Court stating that my claim was issued yesterday (bang on the 14 days after LBA sent), will be deemed to have been served on the 13th of September and Barclays have until the 27th of September to reply.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Welshman, go and look at my thread:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/15987-druid-barclays-bank.html

 

With regard to the "account fees" for the additions account. I NEVER signed up for this account at all, and they've been taking money off me for it for 6 years. I AM CLAIMING THIS BACK TOO. The actual amount is approx £595 . They have already made an offer to repay £118 of it. I told them to go boil their heads. The thing of it is, if you can't reclaim these payments back, why did they make me an offer ??????????? Think on it people.They've been taking us to the cleaners for years. IT'S ABOUT TIME WE STARTED GIVING THEM A TASTE OF THEIR OWN MEDICINE

Link to post
Share on other sites

  • 2 weeks later...

Can I clarify this please Martin,

 

Are you saying that in addition to filing on line with MCOL, that claimants must send the schedule to the Court even before the claim has been acknowledged by the Bank?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

This is one thing I didn't realise I HAD to do. It's in the post this afternoon in that case. However, having already sent the schedule in the prelim letter and LBA, I would certainly think that this would suffice, don't you think?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Sending copy of the Schedule with 8% added to the Court this afternoon. Am I correct in assuming that it's sent to the actual Northampton Court and not MCOL.

 

As for Defendants Solicitors requesting something which their clients already have (statements), I was sent two sets by Barclays one of which I highlighted to work out charges. Should I send the spare set back to them, if requested, together with yet another Schedule of Charges?

 

Also, will I need to supply a complete set of statements to the Court for any possible hearing?

 

How many sets of statements will I need in total from this point on?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Have moved them here for you so no one can complain !;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Only send the solicitors a schedule of charges, keep the statements.

 

By all means take the statements to court, but should it ever get that far, the solicitors are unlikely to challenge the existence of the charges, merely the fact that they are unlawful and you are not entitled to a refund.

Link to post
Share on other sites

Barclays have their own in-house litigation team .......now dont laugh but their litigation brief is called..........Adrian Ruffhead :lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Stifling my laughter here: Just a final question (hopefully) on this topic I have drafted a letter to go along with the Schedule of Charges. Obviously the interest currently on the schedule is higher that the original due to the spreadsheet automatically re-calculating each time I open it. The text in my letter is short and sweet, will this do?

 

"Please find enclosed a schedule of charges in relation to the above claim.

 

The “Interest” column reflects the current running Interest total as at the 20th of September 2006. "

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...