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    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
    • Underp04 (I think it was him) put up the statement IDR used in court from some supposed expert mr edge. can you find it? It stated 10 years was the statute barred limit but also that the laws were very confusing. very much worth digging out!
    • You'll be fine don't worry.  
    • Thank you I cannot sleep. CRS is the company 
    • They wont take you to court. I'm not sure what they'll do about the letters and if they will or wont send you the letters from their retail prevention company, but you can ignore those letters. You'll be just fine don't worry.
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    • 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
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Bookworm v Barclaycard ***she's only been and won it! :-D***


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I've done it!!!

 

After refining, changing, twisting, recalculating and changing my mind about different types of interest, I have finally filed my N1 today.

 

Unfortunately, things are so tight that I had to apply for remission on my court fee, which annoys me no end, as it means the taxpayer will be paying the fee instead of B/card. :mad: I really wish there was a way I could ask the court to award themselves the court fees back on settlement.

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Tell me about it... if you call sorting out other people's claims messing about, that is. :razz:

 

It really taps at the heart of my ways of doing things as well. I wasn't happy at going in gung-ho with an estimated amount, I wasn't going to go in with CI when it was such a dodgy argument, etc... I always remember WHO I am taking on, and these people have sooo much money to spare on legal advice, even Barclays who so far have always settled, you just never know, do you... Be prepared, and be ready for the fact that one day, they may change tactics. Now, I know my claim is as accurate as can be, therefore less chances for them to choose that one to pick on. Simple, really. :-)

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  • 3 weeks later...
  • 5 weeks later...

Defence & AQ received today, to be sent back by Sept 10th.

 

Standard defence from B/card, in fact, identical to the bank one, even though this relates to a credit card. It even contains the "statute-barred" line for charges prior to July 2001, even though according to B/card, they only introduced charges in June 01, and none of my charges are over 6 years. :-?

 

Bless their hearts. :rolleyes:

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Well, B/card have always maintained that they only started charging mid 01, which is quite possible, as we got ours in 1995, and I remember that we used to pay an annual fee when we first got it. I have had a couple of people gettign charged prior to that, but never managed to find out if these were "normal" B/card or maybe they were different types with a different charging regime. Not sure what you mean by any meaning to your case, though.

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  • 2 weeks later...
  • 3 weeks later...

A month late, but, yes Sharkleycard started penalty fees in August 2001.

 

Or should I say "resumed charging penalty fees".

 

They charged a £5 fee for late payments and exceeding credit limit overlimit in the 1980s, dropping them in 1989 and reintroduced them in 2001.

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Hi Bookie,

 

Re your post #84, I have in front of me my BC Mastercard state't showing

 

21st June 1999 Out of Order Fee £20.00

 

Slick

 

PS This is on original state's which I've kept.

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Bookie,

 

Haha, in 1999, I was no student!

 

It was a bog standard Barclaycard Mastercard.

 

You don't think................ no, surely not................. Barclaycard telling

porky pies. Ce n'est pas possible.

 

Slick

We could do with some help from you

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Bookie-

 

Currently taking Sharkycard to court over a S.A.R - (Subject Access Request) for data 1985-86.

 

They didnt defend, I applied for judgement by default. I have an assesment hearing before the District Judge on 25 October.

 

I got charged the £5 loads of times in 1985-86 as a student. I discovered that that they abolished the £5 penalty in 1989 from the history page of Sharkleycards own website. (This was down to competition- when the number of credit card providers increased dramatically from the big three of the time.

 

(Access, Barclaycard/Visa and American Express)

 

into the plethora that litter today's providers.

 

I'll see if I can find the link to the page.

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From- Product Categories, Financial, Banks, credit cards, loans from WARC.com

 

Barclaycard - 'Put it away Bough'

Paul Feldwick, Louise Cook and Sarah Carter, Institute of Practitioners in Advertising, Charles Channon, IPA Effectiveness Awards, 1996

 

1991-5 campaign for Barclaycard (with Rowan Atkinson). Gold and Charles Channon Award winner. After the relaunch of the card in 1990 (which introduced an annual fee), the problem was how to maintain s ...

 

Summary | Full Text | More Like This

 

From: http://emeraldinsight.com/Insight/viewContentItem.do?contentType=Article&hdAction=lnkhtml&contentId=857141&history=false

 

Emerald FullText Article : The cashless societyCredit cards were first issued in the UK in 1966, when Barclaycard began issuing as a ... The introduction of annual fees for some bank credit cards in 1990 ...

 

Some interesting stuff here-

 

http://www.mmc.gov.uk/rep_pub/reports/1989/fulltext/255a5.1.pdf

 

 

Barclaycard seem to have removed the reference to 1989 in their history now, I rememer it being there and also remember having this confirmed by the above references to the American banks moving into to the UK credit card market the next year.

 

This was the competion which lead to the annual fee replacing penalty charges.

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  • 3 weeks later...

Hmm, guess what?

 

Got a phone call from Litigation tonight to discuss SETTLEMENT!!! :-D

 

Long story short, she'll "have to check the figures with B/card" and get back to me. Take your time, luv, I'm in no hurry, as long as it's 100% of my charges + interest charged + 8% Stat APR, thank you very much! :-D

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  • 1 month later...

Good luck on Monday Bookie. If you need any help preparing (as if, lol) I'd be happy to chat with you on Saturday when we are at the CAG meet. Mind you, I was rather hoping you'd have your money by then so you could buy the drinks, lol. Maybe Barclays will send a representative to bring it to you personally.:lol:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, they did say they were sending a barrister, so... ok, so they're not sending a barrister just for me, he's got other things to do that day... (presumably all those stays... I wonder if it will be the same chap I got on my Barclays stay, nice chap!), if it is, I hope he'll be better prepared than last time, if the judge hadn't had her orders from higher on up, he wasn't prepared at all for my other arguments!

 

Anyway, another day, another court case, hey... Quite looking forward to it if they don't cave in full before, especially as the bulk of their argument seems to be "we don't agree with your interest calculations"... but don't seem to be able to provide me with what they deem to be the correct numbers... I can see the judge being impressed with that one! :-D

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Well as long as you're claiming all the charges, the interest on the charges, and section 69 interest on both for all the time you've been out of pocket, I really can't see the problem. I know you've checked your figures and wouldn't submit anything you weren't 1000% sure was correct to the court. Enough of the courts time has been wasted already. And yours.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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