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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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acestealer v's barclays **WON**


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Hey Guys

 

I'm new here and need some re-assurance:

 

1. Received statements from Barclays and totalled up over £2000 from my two account for various unfair charges.

 

2. Sent first letter with breakdown spreadsheet attached asking for money back with interest within 7 days

 

3. Received letter saying they HOPE(!) to get back to me on the 30th August.

 

4. I sent letter by recorded delivery today saying i had given them 7 days which is reasonable so will be raising a court action in 10 working days if they do not respond within that time frame.

 

AM I BEING REASONABLE?? IF IT GOT TO COURT COULD THEY ARGUE THAT I DIDN'T GIVE THEM ENOUGH TIME TO LOOK AT MY COMPLAINT.

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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The reasonable timescale is considered as 28 days.............hence prelim then Lba then Court after that.

 

If you have any doubts do some calculating.

 

People who follow procedures set out on the site.......are in the main,the ones who have the least problems later........and thats because they understand the process !

 

:)

  • Confused 1

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.

 

 

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Arrrgggh

 

Used template off other website and then found this (much more helpful one) after!

 

Do you think it would be ok to give them another 7 days (and state this by letter) after my previous deadline?

 

Thanks so much - i'm finding this all really confusing....

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Sorry, didn't make myself clear - shall i give them another week AFTER my 10 working day deadline i've already set them? (In total that will make it (5+10+5 working days)

 

Thanks so much

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Thanks Villaburd for the re-assurance - just worried they're going to catch me out on a technicality

 

BTW also from Birmingham but now living in very humid London!!

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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  • 3 weeks later...

Hello All,

 

Thanks again for all the excellent advice i have found on this website.

 

I'm at the stage where Barclays have offered me £1000 as a part payment. I've said yes, but still want the remaining £1080 back from them....so expecting the standard "you can only have the £1000 as a full and final settlement".

 

Pre-empting this i have completed my claim on MCOL and will submit it next week when i here off barclays saying no!

 

Can someone tell me how i actually send my claim breakdown spreadsheet to court and barclays? Will i receive something in the post from the courts that i return with the spreadsheet?

 

Thanks alot guys. Almost one down, 11 to go!!!! Fingers Crossed!!!

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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If things go the usual way then after you file on MCOL you wait for Barclays to acknowledge the claim. They normally do this within a few days. By acknoledging they the get an extra 14 days to submit their defence. So at the end of 28 days (they leave it to the last minute) they file their defence. The court will the post you the defence and includes an Allocation Questionnaire which you have 14 days to fill in and return (needs £100 fee if claim is over £1500). When you return your AQ you can the send the list of charges with it. I sent copies of my AQ also to Barclays

 

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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  • 3 weeks later...

Hi All

 

Barclays have offered me £1000 (total claim is £2350). I sent them a letter saying i'd accept it as a part payment but want the full lot back, and they've come back saying it can only be a full and final settlement.

 

So looks like i've got to the point where i have to take them to court. I'm getting really nervous now after reading other people's posts.....

 

Maybe i should just take the £1000???!

 

I'm worried the banks are going to find a loop hole really really soon.

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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At the end of the day its up to you its your money i personally wouldnt take it if i were you .hold out issue your court papers on them youll get all your money back eventually they dont want to go in to court these are all stalling tactic .read all the other threads of members who have been succesfull then youll understand better but hey at the end of the day as i already said its up to you !

if my advice has been of any help to you then please click the scales ! Thank you :D

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i think you're absolutely right and i will. i mean of couse i'd much rather have the whole thing back

 

but i am worried that this is all too good to be true and they WILL find a loop hole soon

 

thanks xxxx

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Barclays Bank PLC made a profit last year of 3.673 billion pounds. You can bet your bottom dollar that they have instructed the finest legal brains available to find this "loophole".

 

In short - there isn't one!! If there was, don't you think they would have found it by now?

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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My husband is also worried about a 'loophole'. I think so many of us have just put up with these charges for years and now we've found out the banks were acting illegally it just seems so unbelievable that we are going to get our money back, we should be getting about £6000 from three barclays accounts:-o

Hek

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Well you all seem clued up. I have been looking at alot of information over the last few months on this and to be honest they are screwed. There are lots of statements saying they cannot impose a charge which doesn't match their admin fees. You will all be fine, i felt the same with the loophole worry as did others but when the cheque arrives you will be happy.

 

There is at the moment talk of another test case but from reading this it will be in our favor by the looks of it and reading the legal side of things. The OFT is behind us on this by the looks of it and are challenging bank charges like they have with Credit Cards.

 

Good Luck to all of you, remember if you win you can donate to keep this site maintained.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Good morning to all,

 

Interested Orfoster to the quote [There are lots of statements saying they cannot impose a charge which doesn't match their admin fees.]

 

I like the sound of that statement and would like to find it in a OFT report or other document so I can print it out JUST in case my claim goes all the way.

 

Please can you point me in the right direction, many thanks and good luck to us all.

 

Sean28

Sean28

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Right i've done it, i raised my court action last night for £2469.

 

All my fingers and toes crossed that it goes to plan....

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Well done ace

 

My claim was for £2400 (about the same as yours) but has since risen to £3084 after fees + interest and I have my hearing on november 15. I am not the sharpest tool in the box and I am not worried at all!

 

Good luck!

 

Dont worry its gonna be ok!

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Thanks grimsolo!!

 

I will follow your case with interest

 

good luck with everything...xxx

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Just realised i've made the most ridiculous mistake on MCOL - i am so annoyed with myself.

 

Barclays charged me another fee this month of £30 which i decided to add on to my claim (which i'd already prepared on line last month).

 

I added it on to the total claimed section but didn't change the 'Particulars of claim' to show the extra £30 in the costs plus interest statement - what an idiot!

 

Is there anything i can do???

 

Please can anyone help!!!!

 

Thanks

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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When did you submit it to Moneyclaim? If it was after 9am this morning, it won't be filed until 9am next Monday. Have a look at the Guidelines on the MCOL site. I am almost sure that I've read there that things can possibly be amended before it's filed (10am cut off I think). Please forgive me if I'm barking up the wrong tree.

 

I will take a look in a minute too but, as I'm going out, I may not have the time.

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

 

Welshman

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