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    • Thanks D.   This has got me all of a dither   I feel very naive,  I thought common sense would rule the day!  CST LAW.pdf Smart Parking Rejection.pdf POPLA_Rejection.pdf
    • yes I have used a pay as you go card and my bank card. I have to sent them my banks statements to show them?  And when you say "to show them some financial reason " you mean my part-time job salary?  
    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
    • Well you need to show some financial reason for the temp lapse in reasoning..   And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake   I would get this in today Time is tight to court case
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gavin2121

Barclaycard have taken money from my Bank

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Hi All,

 

Back in May (when i lost my job) i contacted all our creditors advising them that we would be unable to make our regular payments and enclosed a budget sheet (drawn up with advise from CCCS) and an offer of repayment (good will payment)

 

Barclaycard were offered £1 as our budget sheet gave us a negative ballance of -£25.00

 

We recieved a response to this letter advising us that the £1 offer was insufficiant and that before they would be able to accept any token payment less than the amount required, they would need to recieve a copy of our budget sheet.

 

We re-sent a budget sheet and again highlighted our -£25 ballance and the £1 offer we were making....

 

ok... all gone very quiet.... until

 

Today my wife recieved a letter advising that Barclaycard have exercised their (legal) right to offset funds from our Barlcays current account in order to clear the outstanding amount payable (£55 ish) :mad::mad:

 

Are they allowed to do this if they are aware of our circumstances and have recieved a budget sheet. Can i stop any future payments being taken this way?

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Hi All,

 

Back in May (when i lost my job) i contacted all our creditors advising them that we would be unable to make our regular payments and enclosed a budget sheet (drawn up with advise from CCCS) and an offer of repayment (good will payment)

 

Barclaycard were offered £1 as our budget sheet gave us a negative ballance of -£25.00

 

We recieved a response to this letter advising us that the £1 offer was insufficiant and that before they would be able to accept any token payment less than the amount required, they would need to recieve a copy of our budget sheet.

 

We re-sent a budget sheet and again highlighted our -£25 ballance and the £1 offer we were making....

 

ok... all gone very quiet.... until

 

Today my wife recieved a letter advising that Barclaycard have exercised their (legal) right to offset funds from our Barlcays current account in order to clear the outstanding amount payable (£55 ish) :mad::mad:

 

Are they allowed to do this if they are aware of our circumstances and have recieved a budget sheet. Can i stop any future payments being taken this way?

 

Yes, I'm afraid the banks are allowed to use the "right to set off" rules which date back hundreds of years apparently. If you are still in debt to Barclays you need to set up a parachute account with another bank asap and transfer all incomings to that bank.. MAKE SURE its not a bank connected to any form of debt you owe.

 

S.


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Barclayshark have just done this to me, too, and plundered the entire contents of my current account, even though the Barclaycard is in dispute!

 

This would seem to be their latest tactic. The revised T&C's they sent out with the July current acount statements emphasise this, but even though the new T&Cs don't come into effect until October it would seem Barclays are jumping the gun and applying this now.

 

When I got into financial difficulties last year I sought advice from my local CAB who assured me that Barclays credit and banking arms are separate and never work together. That may have been true once, but no more. I'm seeing the manager of another bank (one I have no connection with) later today to open up a basic account to stop Barclays from helping themselves again. I should have done it sooner.

 

A complaint to the FOS might help if (for example) the money was taken from a joint account and the BC is just in your name. I found this site with more details. banking: firms' right of 'set off'

 

I'm afraid you're in for a hard time with BC. Even though you bank with them and they know your financial position better than anyone, you'll find them very unreasonable.

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the new T&Cs don't come into effect until October it would seem Barclays are jumping the gun and applying this now.

They've had, and used, the "Right of Set Off" for ages and that FOS atricle is from 2004.


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