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    • Hi all,   As stated in another topic, we have moved to a new home. IDRWW has recently sent a letter to my old address and luckily the new tenant of our old place managed to give me the letter.   As the moderators suggested I should inform them of my new address with just my name (not to mention any debt and with no signature). I plan to send them a recorded letter. My question is what is the guarantee that they will not send a court claim to my old address?   Thank you so much for your help.
    • Come on UB as far as PCR  Test at 40 cycles is concerned a cold IS covid.
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself.View the full article
    • This is a general comment on the entire situation. First of all that it's been mentioned, by the dealer I believe, that there are no consumer rights in this case because the car is of satisfactory quality. However, the dealer is wrong. This complaint does not relate to the requirement of "satisfactory quality". It relates to the statutory provision that goods must match their description. One can say that this is a much easier factor to measure then "satisfactory quality" which is a kind of rule of thumb view based on the expectations of reasonable consumers. It's very much easier to look at the description of the vehicle when it was being advertised and to compare it with what was actually received. So in that respect, the question is still at large whether the vehicle was as described. In respect of that if the OP is interested in taking some kind of action then I would start off by getting an independent inspection of the bonnet and of the video to see whether an independent inspector formed the view that the damage to the bonnet had been underplayed – either deliberately or accidentally, it doesn't matter. The second comment here relates to the quantum of damages which will be available if the OP brought an action against the dealer and succeeded. I understand that the entire cost of re-spraying the bonnet and then blending the colour into the wings et cetera is something like about £550. This means that an expenditure of £550 would produce a car bonnet which was essentially in new condition. However, the OP did not purchase a new car. The OP purchased a car which was second-hand and which had already suffered normal wear and tear and in respect of which at least some damage on the bonnet had been pointed out. I'm going to say now that the pictures supplied by the OP clearly have emphasised the damage. I don't know whether they have exaggerated the damage but certainly if the dealer had posted those pictures, then he would not been able to sell the car – or at least not at that price. From that point of view is it seems that it is quite possible that there was an element of underplay. If an independent inspection decided that the car had been mis-described and this report persuaded the court, then the court would award a judgement. However the court would then have to decide on the award of damages. A court would balk at awarding a level of damages which essentially handed the claimant a bonnet in brand-new condition – in other words better than she expected to receive when she bought the car. This means that the court have to calculate an apportionment of damages. This calculation would be based on the cost of repairing the bonnet and subtracting the value of the damage already in existence. So for instance, cost of repairs equals £550. Value of existing damage, say, £300 – total award approximately £250. Of course I have no idea whether these figures are correct. The only figure we can actually be certain of is the cost of repairing the bonnet. The rest of it is subject to argument and eventually a decision by the court. A reasonable way of measuring the value of the existing damage to the bonnet might be by trying to assess its effect on the resale value of the car.  What I'm saying here is that people have to tailor their expectations to take into consideration the diminution in value of the goods they have purchased by taking into account the age of that good and any defects that have already been pointed out. Reciprocally the dealer has a certain duty of candour and that is to be brutally frank about what they are selling in order to avoid these unpleasant and damaging disputes. I understand the dealer has already paid out £150. Then the OP may still be out of pocket but she will not be out of pocket to the tune of a completely renovated bonnet.  
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Welshman v Barclays **WON**


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This was quick. I posted my LBA on Friday the 25th of August so they must have been working over the weekend because I have had the offer letter dated the 28th of August - bank Holiday Monday - for £1000.

 

.......Your right that was quick:D ....Im still waiting for my offer letter:cry: .....Sent LBA off on 22nd Aug...they've got until 6th Sept to send an offer.....Who did you send yours off to???? anyone in particular????:???: ....Thanks

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Hi. I sent it to Peter Townsend at Barclays Bank Plc, Leicester, LE87 2BB but the reply came from London. They included an acceptance letter for me to sign for the £1,000 plus a FREEPOST envelope.

 

Looks like we are running neck and neck!

 

BARCLAYS

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

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

 

Welshman

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Can someone answer the following as it may be crucial in my circumstance. I am away from home several times until Christmas and I do not want to fall foul of the timescale for returning the Court Allocation Questionnaire. They are definitely not insurmountable because I can get my mail sent on to me.

 

What is the likely timescale, after the bank enters a defence, for the AQ being sent out to me?

 

I know it is said that the bank have 14 days after receiving the LBA in order to respond but as soon as I get the letter from them telling me that the offer I rejected was the full and final one, even if the 14 days has not been used by them, would it be in order to go ahead with moneyclaim at that time? After all they are unlikely to reconsider in the time remaining.

 

Any thoughts on both questions?

 

I have never been more determined to go all the way with anything in my life!

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

 

Welshman

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In my case, and it seems quite common, Barclays will acknowledge your claim within a few days of it being filed. This gives them 28 days to submit their defence. At the end of the 28 days they will send in their defence. The Court will send the AQ to you within a few days. You will get 14days to return the AQ.

 

I think you need to file at the 14days after LBA. Their offer and your refusal is a separate issue from the timescale.

 

Glad you are determined - you need to be with these bloodsuckers!!

 

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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OK Spotty, thanks for that. What did concern me was that I am (95%) sure that I read in other threads that people were given 7 days to return the AQ's.

 

Moneyclaim, in my case then, will be done on Friday the 8th of September.

 

It looks like I will be home at around the 28 day mark anyway as it turns out.

 

Interesting reading on other threads updated today where people being ushered to the same court (Southend) on the same date, and Barclays getting a case moved to Central London because that's where their solicitors are based. Are they changing tack?

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

 

Welshman

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Welshman, you're an inspiration!

With you completely on "They underestimate my resolve" - is there a template "thanks but no thanks & in 7 days I'll be logged into moneyclaim"? As I've got a paltry offer and a prepaid envelope, and want *all* my money back and to hell with whether or not it's in time for Christmas.

The library seems to suggest accepting the money and going for them in the court, so I'm a bit confused.

All good luck

:) blinking_idiot

Data Protection Act request sent 19/06/2006.

In default of Data Protection Act letter sent 07/08/2006.

Statements received 09/08/2006.(!)

Request for repayment of charges sent 09/08/2006.

"internal complaints process" letter received 16/08/2006.

offer to settle for £815 received 30/08/2006.

 

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I think we're all inspiring each other, but thanks anyway.

 

By accepting their offer of the money, BUT also telling them that you intend going for the remainder (via the courts if necessary), you are not going along with their "goodwill gesture" and "full and final settlement". It is offered as a complete package so, because those conditions are not accepted by you, they withdraw the offer.

 

Good Luck to you too and to everyone chasing whatever bank.

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

 

Welshman

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Just a quickie. Rooster-UK, when I checked on the UNAUTH OD's, I have none in the last 6 years but there is one just outside the period but, when checking, I found that I'd missed one Paid Referral so my total's up £20 to £2060. So thanks for the £20!!!

 

Also this weekend, received another Barclays Bank letter dated the 31st of August which I think may be an error. I sent my refusal to offer letter to London but this letter's from Leicester - not withdrawing the offer but the standard "We are sorry that you had to contact us ..... etc etc and they will get back to me not later than the 25th of September" signed by Mark Desgranges, Customer Relations Adviser. I am Moneyclaiming next Friday.

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

 

Welshman

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Hi. I sent it to Peter Townsend at Barclays Bank Plc, Leicester, LE87 2BB but the reply came from London. They included an acceptance letter for me to sign for the £1,000 plus a FREEPOST envelope.

 

Looks like we are running neck and neck!

 

Morning Fellow Welshman

 

I've been away for a few days so havent been able to post...

 

Hope alls still running to plan???

 

Well I came home to yet another standard letter offering me under half the amount I'm owed so its looks like there'll be another standard "Thanks but no thanks" reply back.....Good Luck

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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OK. I have again gone to the Step by Step section and FAQ's again and need clarification on a couple of points before I file on Friday morning. I'm probably reading too much into it but I don't want to muck it up at this crucial stage:

 

I have decided not to use Moneyclaim due to something I read yesterday so have ordered a Small Claims Pack where I will need to fill in an N1 and my questions are all to do with that. Under "Step by Step Instructions" I have cut and pasted the text to a Word Document for editing.

 

1. I opened my Barclays account around 1983/84. I have NO chance of being more precise than that. Will that suffice?

 

2. Under 5a) Do I enter the amount claimed including or excluding the 8% interest. The reason I ask is that it states:

"5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of XXXX and any interest charged thereon"

 

3. Can someone confirm that I delete 5b)? The "5b. Delete unless you feel lucky" at the bottom has thrown me a bit.

 

 

and FINALLY, do I cut and paste the following to the above text. If so where?

 

under the FAQ's

 

Q. Can I claim interest?

 

A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"

 

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest.

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

 

Welshman

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I have decided not to use Moneyclaim due to something I read yesterday so have ordered a Small Claims Pack where I will need to fill in an N1 and my questions are all to do with that. Under "Step by Step Instructions" I have cut and pasted the text to a Word Document for editing.

 

Hi Welshman

 

I'll be starting court action on 8th Sept but was just wondering what stopped you using Moneyclaim????.....

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Hi.

 

It's a message in a thread I read yesterday posted (I think) by Bankfodder or Bookworm. But do you think I can find it now???

 

Basically it was a small posting saying something along the lines of "those problems only occur when using MCOL". Please accept my apologies if I have misquoted.

 

If I have not received a reply to my two questions above by midday tomorrow, I will have to PM Bankfodder or another MOD to take a look. I am also filing my claim on the 8th.

 

Will get back to you with my progress.

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

 

Welshman

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....I appreciate that Welshman....I'm starting my court on 8th Sept after being fobbed off with their usual stalling....So it'll be either Moneyclaim or N1 form for me....Thanks

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Hello Fellow Welshman

 

I think you and "Enough's Enough" are just ahead of me in terms of timescale. I have just received my 50% offer which I am about to reject and telling them that this is a final LBA with a 14 day deadline to respond before I file a moneyclaim or N1 ( I have the Small Claims Self Help Kit).

 

Has anyone been offered a full and final settlement after rejection of the initial 50% offer before starting court proceedings?

Claiming £865 from Barclays.

 

6 years of statements already on file (never threw them out)

Preliminary letter sent 10/08/06

£420 Offer received from Laurence White on 30/08/06

Letter of rejection sent 06/09/06

LBA sent 21/09/06

MCOL Submitted 4/10/06

Acknowledged on 23/10/06 - Barclays have filed a defence 7/11/06

Case transferred to Cardiff Court and a directions hearing set for 21 December 2006

Barclays caved in on 18th December and made an offer to settle in full

Money in my account 2 days later.

Case closed

I won

Follow my thread here

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Has anyone been offered a full and final settlement after rejection of the initial 50% offer before starting court proceedings?

 

Not as far as I know (Barclays anyway) They keep thinking on the lines of "We'll give up before it gets to court" But if they did offer the 100% before court it would save them a lot of money....

 

Then again thinking about it....If the banks did pay up before court action they would be admitting they are in the wrong which would be opening the flood gates to automatic refunds & not them just fighting off the determined fellow members of this site...

 

At the moment we're not even an itch on the banks 4 billion £ profit a year so they're prepared to lose in court & not just take it on the chin...

 

well thats my view anyway....

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Yeah, I agree with Enough's Enough. The pressure on claimants gets more intense the closer they get to appearing in court. That's the point at which some fall.

 

It's called bottle - and mine's full.

 

If you think about it, we are better off. It's only at the court filing stage that the interest's added. In my case running at over £500.

 

I still haven't had my Small Claims Pack and I'm filing on Friday. Hope it comes soon. My Mrs is awaiting Statements from her Bank and the pack will come in useful as I think you can fill the N1 in on the pc, print it off very professionally and use it again and again.

 

Fingers crossed it gets here in time because,as I'm taking my daughter to the passport office in Newport on Friday morning, will have to prepare the papers tomorrow so I will probably file in the afternoon. I had preferred to do it in the morning so that it would get closer to the top of the pile for processing sooner.

 

You never know, if we are all filing pretty close to each other, we may find ourselves in the same situation as Maisielou and others who were all appearing at a directions hearing at the same time and at the same court next Friday. A couple of them have been offered the full amounts in the last four of five days and settled.

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

 

Welshman

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I have decided not to use Moneyclaim due to something I read yesterday so have ordered a Small Claims Pack where I will need to fill in an N1 and my questions are all to do with that. Under "Step by Step Instructions" I have cut and pasted the text to a Word Document for editing.

 

1. I opened my Barclays account around 1983/84. I have NO chance of being more precise than that. Will that suffice? - YES

 

2. Under 5a) Do I enter the amount claimed including or excluding the 8% interest. The reason I ask is that it states:

"5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of XXXX and any interest charged thereon" - THIS IS THE INTEREST THEY CHARGED YOU ON YOUR CHARGES, NOT THE 8%, SO NO, YOU DO NOT INCLUDE THE 8% NOW.

 

3. Can someone confirm that I delete 5b)? The "5b. Delete unless you feel lucky" at the bottom has thrown me a bit. - RELATING TO ASKING FOR A DECLARATION, WHICH WOULD CREATE A PRECEDENT, EVEN THOUGH IT'S A SMALL CLAIMS CASE. DON'T WORRY ABOUT IT.

 

 

and FINALLY, do I cut and paste the following to the above text. If so where? - YES. AT THE END OF YOUR PARTICULARS OF CLAIM. (NOT HOW THE CALCULATION IS MADE, THOUGH, LOL)

 

 

You asked me this in your pm:

Finally I don't remember if it was your post or that of another MOD's about preferring to use the direct Court filing rather than MCOL. If it was yours, what pitfalls did you find on MCOL.

 

The answer is: not me, lol. I have filed 5 MCOL claims so far, 3 of them settled so far (and I fully expect the other 2 to be settled soon too!). I personally don't have a problem with MCOL when it is a simple "they took x amount, I want it back" kind of claim.

 

There you go. All your answers, and you know how to post a link too now!!!! :-D

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Many thanks. I was reading far too much into it.

 

Does anyone know if, by going straight to the Court as opposed to using MCOL, that the case gains a few days?

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

 

Welshman

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Have decided, after all to go the MCOL way thanks to Bookworms comments. It's also easier for me as I've just found out about a family bereavement which may take up some of my time running up to the weekend.

 

My question: Which Barclays address should I place in the Defendant's section on the form?

 

Is it

1 Churchill Place

London

E14 5HP

 

or am I correct in thinking that there is a specific Litigation address?

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

 

Welshman

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Hi thats the address i used same building think its level 29 but i just used the address you have

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

 

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