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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Barclaycard, claiming £468


ryjayel
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Hi Guys

 

So this is my story so far:

 

03.08.06 - S.A.R - (Subject Access Request) letter sent to Barclaycard.

 

14.08.06 - Letter received with statements back to 2004, but claiming previous statements are held on michrofiche, ergo out of the Data Protection Act remit...

 

16.08.06 - Prelim letter sent demanding payment of £468, dating back to 2002. I actually already had copy statements, because I ordered them for my divorce case in 2003, but completed the S.A.R - (Subject Access Request) in order to stick to the process and be thorough.

 

Awaiting response from Barclaycard....they have until Wednesday 30th August.

 

I'll keep you posted :)

 

Ryjayel

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Hi all

 

I sent my prelim letter on 18th, arrived recorded delivery 22nd August. No response yet so I have prepared LBA and will send on Monday 4th September (14 days delay).

 

Had the microfiche argument but decided not to pursue this with the ICO in favour of getting MY money back.

 

The fight goes on...

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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No reply received to prelim letter sent so LBA sent 05.09.06.

 

I love being ignored by them!

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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So to recap!

 

SAR sent 3rd August (sent regular 1st class)

Reply received 15th August

 

Prelim sent 18th August (arrived 22nd via recorded delivery)

No response

 

LBA sent 5th September (arrived 6th via recorded delivery)

No response as of 13th September

 

Mcol commences Tuesday 19th September...

 

Has anyone else been ignored by Barclaycard (or any other bank) like this?

 

Ryjayel

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Hi Ryjayel! Just so you don't feel ignored by everyone!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks GMIB!

 

Ryjayel

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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HELP!

 

Have received a letter in response to my LBA. Tomorrow is Mcol day in terms of my calendar.

 

They have offered me £168 to reduce the charges back to £12.

 

How do I proceed? Whats the best way forward? Write back and accept that as partial payment of my full amount, and extend the time to do Mcol???

 

All help gratefully received

 

Ryjayel

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Thanks Paul

 

I'll send them a letter today by recorded delivery and I'll file the mcol tomorrow!

 

It would appear thay are resorting to the tactic of reducing the money owed back to £12... too late!

 

Ryjayel

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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  • 1 month later...

Hi everyone

 

Can I clarify something?

 

I have a notice of issue, deemed served on 1st October. On the 5th October B/C acknowledged with intention to defend. They have 28 days from service of the claim form i.e 1st October?

 

So by the end of the 29th, I can contact the court and if no defence, ask for judgement?

 

Thanks

 

Ryjayel

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Hi everyone

 

Can I clarify something?

 

I have a notice of issue, deemed served on 1st October. On the 5th October B/C acknowledged with intention to defend. They have 28 days from service of the claim form i.e 1st October?

 

So by the end of the 29th, I can contact the court and if no defence, ask for judgement?

 

Thanks

 

Ryjayel

 

not if it falls on a weekend so you will have to wait till the 30th. They will probably file a defence on the last day though....

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Yes that's right. Barclaycard told me they were defending, but did not enter a defence in time. Therefore I was granted a decree by the court and Barclaycard were ordered to cough up.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

Hi Ryjayle

 

I am in the same situation as you - barclaycard offered me an amount so my charges were only £12 each time. I have since written and accepted it as partial payment but that i will continue to get the remainder. Today received a letter to acknowledge it as a complaint.....Also checked my acc and they have so far credited this back to me so i now know they have received my acceptance.

 

They are getting back to me with a decision by 24th Nov !!!!

 

Just waiting now !!!

 

How is you situation now??

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Hi KJ01

 

I filed suit against barclaycard the end of september, they acknowledged and defended last month (the standard pile of garbage) and I sent back my AQ about two weeks ago.

 

Awaiting a court date...! I want it settled prior to xmas, but thats in doubt now...:Cry:

 

Good luck, keep in touch :D

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Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Hi Ryjayel

 

I have received a letter from Barclaycard saying they will not offer any more money as a refund and reduced the charges to only £12.

 

I have to get back to them now however not sure on the next step.

 

What did you do next? Do i respond with a letter or start the court claim? Another problem if i start the court claim it prob wont be before xmas and middle of Feb i go away for 4 weeks abroad - what if the court date is around then? Can we re-arrange a date?

 

Hope you can help

 

KJ01

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Stick to the timeframes in your letter - never change that. The court need to see that you have acted reasonably and done exactly what you said you will. If they have said they have reduced the charges to £12 and will only refund the difference, tell them you accept that money ONLY AS PART of the claim and you will continue court action as laid out in your letter for the remainder. If (as I suspect) they have said the new £12 fee is in line with 'the recommendation from OFT' point out that OFT NEVER advised this was fair. They only said that £12 was the amount at which they will become involved.

 

My court date was set for when I was on holiday, and the court would not allow me to change the date. I had to hire a solicitor (£40 - refundable as part of the charge) to represent me.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks for the advice - i have already written to accept it as a partial payment and have now written back to point out the information they got wrong and that it my final LBA. After this i will start the claim.

 

Do you have any idea where i can start with the court paperwork - i have no idea where to begin????

 

KJ01

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  • 1 month later...

Hi Everyone

 

Well, I have a court dates for Barclaycard on Feb 2nd.

 

So I'm in the middle of using and expanding Bookworms court bundle (and a big shout out to Bookworm for that).

 

I'm going to get it off by tomorrow, show them of my intention to go to court and be prepared for a fight.

 

So far its currently 59 pages long, and to this I still need to add the copy statements.

 

Its so confusing, and unnerving, making sure you have everything you need!

 

Wish me luck!

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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  • 2 weeks later...

Thanks mate!

 

Ryjayel

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Hi All

 

So I chased the court and the legal team because no court bundle arrived.

 

This afternoon someone called to discuss the situation. She explained that they'd like to settle it amicably and with an out of court settlement.

 

I agreed but added two things:

 

1) I want it paid by cheque, which she was fine with as I dont owe them any money.

2) I want the full amount I am owed, as she suggested making an 'offer', which I informed her I have already had and refused.

 

?) Do I demand the 8% at court level, as the cases are due in court next week.

?) I have incurred three further charges since this all began, do I ask for those as well.

?) Anything else (I didnt suffer court costs as I'm am exempt)

 

Please help me, I should hear back in two days but I want to call her with the above...

 

Thanks in advance peoples.

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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