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    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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barclaycard help needed


whipsey
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i currently owe 733.04 to my barclaycard which had a limit of 300 am i still able to apply for a refund of excessive charges now that the banks etc have won in court?

 

Firstly, the banks have not won in court (have a read around the forums).

 

Secondly, the Supreme Court case was not to do with credit cards but bank charges I believe.

 

Hope this helps,

 

M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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Hi, whipsey.

 

Like MandM says, the test case had nothing to do with Credit Cards, get your claim in.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Whipsey, posted on your other thread.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi Whipsey,

 

I see you started the reclaiming process long ago but didn't follow it up. If you are going to do this now, stick to your deadlines and follow up any threats with positive action. ;)

 

Start the process from scratch. Get all your statements together and, if you are missing any, send off a SAR with the £10 to get them from BC.

 

Use this letter as your Prelim and your LBA, adapted as nec'y.

 

Decide if you just want the charges back, or you want to claim the charges plus interest at BC's contractual rate. Read up on this in the Interest Tutorial in my signature below.

 

If you just want the charges back, BC will refund them in full without you having to file at court.

 

If you want contractual interest, you'll have to file a court claim, pay court fees (reclaimable) and prepare your evidence or Court Bundle. The financial rewards can be significant.

 

It may help you decide if you calculate the contractual interest using the spreadsheet mentioned in the Int't Tutorial (under the heading Credit Cards), so you can see how much more you can claim.

 

BC will refuse to pay all the way up to a court hearing but will usually back down and cough up. :)

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Never mind in your hand !!

 

Get it posted off. ;)

 

:)

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Hi whipsey.

 

Why do you believe the amount is in dispute? (out of interest)

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Sorry whipsey, just had a read back through the thread so back up to speed now :D.

 

I see Slick said to adapt the letter to use it as your LBA, which sounds pretty terminal :). (I really should read back further lol) so as the amount is in dispute. There is a letter in the template libraries I believe which should cover this. You OK finding one?

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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When you get the SAR response, you should be able to see how the a/c balance got to it's present level.

 

The a/c is not in dispute yet as there is no claim underway and no CCA request or SAR deadline has passed.

 

If you don't make monthly payments to the a/c, the debt collection monkeys will be on your back.

Edited by slick132
typo

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When you get the SAR response, you should be able to see how the a/c balance got to it's present level.

 

The a/c is not in dispute yet as there is no claim underway and no CCA request or SAR deadline has passed.

 

If you don't make monthly payments to the ac/, the debt collection monkeys will be on your back.

 

My apologies, I assumed (wrongly) that you were beyond CCA request stage.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 1 month later...

They may well make a lower offer initially but will change their tune quickly enough when you make the right response.

 

:)

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  • 5 months later...

right i'm still gettin no where with this and am ready to send off a claim to the court but cant find the section on how to do this i remember using moneyclaim online but not sure what to write on it any help will be appreciated

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Can you tell us what's happened since your last post. Did you claim back the charges alone or with contractual interest on top.

 

How did BC respond.

 

Don't use MCOL if you can avoid it - issue proceedings at your local county court. Use the BC POC's linked in the Stickies.

:)

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