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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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
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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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Fullyskinted vs Barclays **WON**


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OK, so Im gonna send off a request for all my statements this week.

 

Whilst Im waiting I am going to read up and prepare the next stage(s). The only trouble is Im having trouble locating all these stages and the 'timetable' people speak of.

 

Can anyone help me please?

 

Thanks in advance.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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  • 2 weeks later...

Right. Ive beena bit slack on the initial kick off of this, but finally sent the SAR off today. So off we go.

Im convinced Im gonna be hitting over £5k as I have 2 accts with Barclays and I know for a fact that one of them (my current acct) has been taking a hammering the last 2 years...

 

So, if I do - do I go for the earliest charges first (Say 2000 on up to £4k - allowing for the +18% charges and still keeping within the £5k small claims limit) or work from TODAY backwards???

 

Do I wait for the first claim to be settled in full to avoid grouping of claims and then pushing me over the £5k threshold of small claims court?

 

Cheers

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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I would say, to be on the safe side, because charges incurred beyond 6 years has not been tested yet, work from today back 6 years. Others here may have an alternative viewpoint.

 

I'm a little confused, where do you get the 18% charges from? Do you mean the 8% interest?

 

Step by Step Instructions are here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

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

 

Welshman

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First, I would suggest keeping the two accounts separate - only combine them once you've evaluated them and if the total no more than 5,000 together.

 

Next, start adding up from the oldest fees first (that way, if you do have to split your claim, you know that your second claim will be for more recent charges which will be well within the statutory limitation period)

 

Finally, remember that the 5,000 limit applies to the claim amount (the total of unlawful charges) BEFORE the addition of the statutory (8%) interest.

 

Hope that helps.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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First, I would suggest keeping the two accounts separate - only combine them once you've evaluated them and if the total no more than 5,000 together.

 

Next, start adding up from the oldest fees first (that way, if you do have to split your claim, you know that your second claim will be for more recent charges which will be well within the statutory limitation period)

 

Finally, remember that the 5,000 limit applies to the claim amount (the total of unlawful charges) BEFORE the addition of the statutory (8%) interest.

 

Hope that helps.

 

Ok that helps a lot. I was planning to work from the oldest date first for similar reasons as you state.

And you have answered the 8% (I think 18 was a type lol) query. So I can actually claim for £5000 then as and when it gets refused and then add the % interest as its not part of the claim - correct???

 

Thanks again.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Next question. In the Step by Step Instructions, it says "Enclose a schedule detailing the charges you are claiming, but do NOT include the 8% interest on the schedule yet."

 

So do I just send back the statements highlighted, or create a spreadsheet with all the dates and instances clearly listed?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Yep, up to 5,000, then plus the "section 69" interest 8% per annum (.022% per day) on each charge.

Then the "daily rate" of your before-interest claim (the up-to-5,000 bit) x 0.00022 is the amount by which the settlement figure goes up each day after submitting your claim - it doesn't seem much (a few pence a day) but it adds up while Barclays are going through their stalling tricks.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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The "schedule detailing your charges" is the spreadsheet. Don't send the statements anywhere - you might need them later if it gets to court.

 

At this stage your spreadsheet should not show the 8% interest - if you use Excel you can just leave the extra columns out when you select the print artea.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Don't send the statements back. You will need them when you prepare your court bundle.

 

Go to the template library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html and select the England - Simple - Excel spreadsheet.

 

Amend the personal details to reflect you and transfer the details from the statements exactly as they appear in the spreadsheet, over typing what's there already.

 

Once you've double checked the entries, print out two copies. You'll need one to send with your prelim letter and another sent with the LBA.

 

Sorry, cross posted with victimnomore

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

 

Welshman

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This is all great stuff guys.

 

Thanks a lot. I intend to get a lot fo the work done now WRT filling in forms etc, apart from crossing Ts and dotting Is so I can reduce the turn around time when I get the statements and letters etc etc.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Got a letter back from Peter Townsend...

 

Please see this thread here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/33315-barclays-girlfriend.html#post260156

 

I have posted up a lot of the content of the letter.

 

It says the statements will be here in a few weeks (call it 3, thats 21 days). Shall I call them on the number at the top of the letter for an exact date or just wait? ABC. Always Be Chasing ;)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Statements recieved today for the two accts I requested.

 

Now all I need to do is find the spreadsheet proforma and Ill crack on getting the next step sent off this week. The only trouble is I cant for the life of me find it!

 

Can anyone help me with the spreadsheet???

 

Thanks in advance.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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I feel like an arse!!! Id forgotten that Id already asked that Q!

 

Anyway. Ill get on it.

 

Thanks again.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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  • 1 month later...

Right BIG update. If you need further history, please see the other thread started by me. Basically it goes like this:

I have sent the Prelim Letter and LBA (as per my sig). Today I recieved a letter offering me £1000 exactly, after putting in a claim for £3k approx.

Im a bit ****ed to be honest. A mate (who started my quest for reclaiming) put in a claim with HSBC for £2300. He had an offer of £1900 sent to him and took it (why not!, whats £400 in the scheme of things?!?)

So, I have a few Qs.

Bearing in mind my acct has been OD for as long as I can remember, and over that for more than a year half the time, is it likely that they will close the acct in the event I am successful? Should I sort out a paracute acct just in case? And if so, what Bank do you suggest? I was thinking of Halifax or Natwest.

 

Also, they have given me a direct line of a contact to speak to if I am unhappy with the offer. SHould I speak to them and suggest a figure that I would be more happy with (i.e. nearer £3k) - because if it goes to MoneyClaim (I was going to start it over the weekend) then it will add another 8% plus costs - totalling approx £900 if I recall corectly.

So they would SAVE themselves money!

I would be polite and courtious of course!

 

Any thoguhts from those that have claimed successfully form Barclays with similar amounts? A mate has suggested I take the money and run while Im 'ahead', but Id rather have nearly £4k than £1k!!!

 

Thanks as always guys.

 

FS

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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IMHO don't phone Barclays - always send a Recorded Delivery letter.

 

If you are worried then set up a parachute account- what have you got to lose.

 

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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  • 4 weeks later...

OK, been a while since I have made any movement towards putting the MCOL in. But Ive just done it!

Totals nearly £4k!!! Blimey!

 

I am going to write to contact at Barclays simply to say that I was not satisfied with the claim and that I have today submitted a Money Claim Online for the amount submitted.

I will also include the up to date worksheets with the 8% added and note that the interest is increasing by £0.86 a day.

 

Who knows, it may spur them into a rethink! :)

 

Wish me luck guys!

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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  • 3 weeks later...

Right, the latest is this - the claim would have registered with Barclays n the 4th December (as per my Notice of Issue). They had until 18th December to acknowledge etc.

I have just checked my MOCL and they acknowledged on 15/12/06.

So, I just checked the Step by Step guide. It says that they now have a further 14 days - as per this:

 

(7)

 

The bank will now either....

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way)

 

Now reading that, they now have 14 days, as I said. Is this 14 days working or calendar? Is it from the date of issue, or the date of acknowledgement.

On the MCOL, I now have a 'link' in the 'JUDGEMENT' column which reads start.

What does this mean? If I click on it it gives me two options -

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

spacer.gif The defendant has not filed an admission or defence to my claim

(Judgment by Default)

spacer.gif

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

spacer.gif The defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

 

Now do I leave it til the 14 days are up? Or do I click an option now??? If so, which one?

 

Sorry for all the questions. Ive been leaving this be for now until the intila 14 days expired and now wish Id checked last week :(

 

All help appreciated guys...

 

Im a little confused as to when the 14 days would expire now. What with Xmas and NY etc etc.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Barclays will defend as they have me. I claimed originally for £3,600 and was offered the £1000 which I refused and wrote back saying I would accept £3000 to no avail. Done MCOL - Barclays defended just at the last moment. I have now got Allocation Questionairre to fill in and return to the court by 26th December latest date.

 

I also have to pay another £100 because of amount of the claim - now around £5000 with the interest added.

 

From what I have read re other Barclays customers getting as far as court is that they have paid up just before the court case. I am intending to go the whole hog to see what they do. I would quite like to actually get them to court to listen to their excuses for their exorbitant charges!!!!

 

Will keep you posted as I seem to be in advance of your case.

 

ScorpioJen

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Barclays will defend as they have me. I claimed originally for £3,600 and was offered the £1000 which I refused and wrote back saying I would accept £3000 to no avail. Done MCOL - Barclays defended just at the last moment. I have now got Allocation Questionairre to fill in and return to the court by 26th December latest date.

 

I also have to pay another £100 because of amount of the claim - now around £5000 with the interest added.

 

From what I have read re other Barclays customers getting as far as court is that they have paid up just before the court case. I am intending to go the whole hog to see what they do. I would quite like to actually get them to court to listen to their excuses for their exorbitant charges!!!!

 

Will keep you posted as I seem to be in advance of your case.

 

ScorpioJen

 

Thanks. Thats interesting. I just went to have a look at your case, but you havent documented it :?

 

When was your claim deemed served?

When was it acknolwedged?

When did you consider the futher 14 days up? Was it from the start date aor the acknolwedged date?

What date did they respond with a defence?

And what communicatoins did you have with HMCS (if at all)

 

Lots of Qs...

 

Ta.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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