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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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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.

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    • 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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Successful Claims


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If you have been successful in your claim with Barclaycard but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue Barclaycard themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 1 month later...

Me v Barclaycard

 

Sucess

 

Claimed £500+

 

Initial offer of £200+ accepted as part partment

 

Proceedings issued for £300+ plus interest

 

Defence filed and Court date fixed

 

Three weeks before Court date received usual letter saying claim has no merits but not cost effective to dispute in Court - letter says by signing I agree to keep existance of offer and settlement of case secret

 

Offer amounts to payment in full including interest and costs

 

I will leave it up to you to decide if I am going to accept!!!

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  • 2 weeks later...

Can you please start a thread in the Barclaycard forum and state the steps you took to get to where you are please

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 1 month later...

Hi Andymad, Congrats on your win.

 

Am due at Court on 3rd MArch with Barclaycard - hope it goes the same way for me. Just a quick question - did you send them your Court Bundle? I have sent off mine today and wondered if they settle before Court I can still claim for time and money spent on copying and postage of the bundle?

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  • 3 weeks later...

stuflo

 

Your court claim includes costs - you should add the cost of preparing any letters etc to your claim and send them an updated statement of account with your additional costs on them.

 

I've been adding £3 per letter as I can justify that cost as:

- I always send them recorded next day (£1 per letter - one for the bank one for the court.)

- I have a receipt for envelopes (cost divided by number of envelopes in the pack)

- the paper: cost of a ream of paper divided by the number of pages (remember you print off three copies one for them one for you one for the court)

- Ink: epson says there is an expected number of pages per ink cartridge (using "best" setting) therefore cost of an epson ink cartridge divided by that number of pages times the number of pages printed.

- electricity (I could work out the power usage of my PC and printer and then multiply that by my electricity companys cost per unit (kWh) if I wnated to be picky).

- Wear and tear on the computer (you have to estimate this)

- my time (you could work out how long you spent on this and multiply this by your normal rate of pay at work - i.e. how much you would have been able to earn if you working rather than doing the claim).

 

The last three I just estimate and it's usually about a total of £3 which I think is therefore justifiable.

 

You could use the same formula to work out how much the court bundle cost you to produce.

 

Hope that gives you a guide to working out costs.

The Badger

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By the way,

 

You shouldn't charge them for letters till you get to the court claim stage as you have to show the court you have given them a reasonable oportunity to settle the claim prior to court - so the initial letter and the Letter Before Action (plus any rejection of settlement if they offer less tha 100%) should be free.

 

Since the whole issue is that the Bank/Credit card companys are not willing to explain the costs to them of sending you a letter etc. by sending them a precise breakdown of your costs you throw their refusal into sharp contrast.

 

The only danger to this is that the court could use your calculations and apply them to the banks charges - so each charge your claiming might be reduced to £3 and you get the rest back - rather than the whole amount. But I think this unlikely.

 

The Badger.

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  • 1 month later...

Started to claim charges from Banks, but before going the full hog I wanted to test the water with Barclaycard asking to refund £48.00 for Over Limit fees charged on on two accounts, one in January and one in December last. After their first letter stating they will stand by their charges but good news today, after I have sent a threating letter to them they are going to refund to one account £128.00 and the other account £224.00. A bit of a result-now I will go the full hog and ask for £494.00 and £796.00 less this refund plus any interest!

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  • 1 month later...

Just received Court Judgement for Claiment letter. (default Notice N30)

 

Basically this was issued after Barclays failed to respond to my claim of £1500.

 

This date for payment expired on the 4th May. hence will now be submitting a form for warrant of execution.

 

The court will now take over and execute the warrant, hopefully by sending in the Baliffs.

 

Great feeling.

 

Let you know if I get paid or if baliffs go in. Peter

 

Dont forget. when you are sucessful, get any negative credit ratings removed,

that were entered by the bank.

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  • 1 month later...

does anyone have the number of the guy who writes the letter saying there is no merit in going to court as i have got this sigen it and sent it back but they money aint been paid into my bank yet and i have not got his number.

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  • 2 weeks later...

Dear Badger and everyone - hello - new to site!...I have a deadline to send papers to court 4th July but don't know where to get advice about filling out 'bundle'? .. is it just that I think it's unfair?? advice and where to look please - one clain with Barclays and one Barcleycard a bit later!!

stuflo

 

Your court claim includes costs - you should add the cost of preparing any letters etc to your claim and send them an updated statement of account with your additional costs on them.

 

I've been adding £3 per letter as I can justify that cost as:

- I always send them recorded next day (£1 per letter - one for the bank one for the court.)

- I have a receipt for envelopes (cost divided by number of envelopes in the pack)

- the paper: cost of a ream of paper divided by the number of pages (remember you print off three copies one for them one for you one for the court)

- Ink: epson says there is an expected number of pages per ink cartridge (using "best" setting) therefore cost of an epson ink cartridge divided by that number of pages times the number of pages printed.

- electricity (I could work out the power usage of my PC and printer and then multiply that by my electricity companys cost per unit (kWh) if I wnated to be picky).

- Wear and tear on the computer (you have to estimate this)

- my time (you could work out how long you spent on this and multiply this by your normal rate of pay at work - i.e. how much you would have been able to earn if you working rather than doing the claim).

 

The last three I just estimate and it's usually about a total of £3 which I think is therefore justifiable.

 

You could use the same formula to work out how much the court bundle cost you to produce.

 

Hope that gives you a guide to working out costs.

The Badger

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  • 1 month later...

My wife recently received a £12.00 charge against her Barclaycard account - even before she had received her new statement that showed that she had made a £20.00 payment off her old statement.

 

I wrote a five-page letter to the person whose name was on that statement, holding him directly responsible for all charges and actions against my wife's account now, or in the future. I demanded repayment and expenses within 48 hrs and a written response within 7 days or less.

 

I told him that he and everyone involved would be liable for prosecution under the Theft act and may also be found guilty of collusion to fraud and money laundering.

 

I told them that they had deliberately allowed my wife's account to go over limit in the full knowledge that this would give them their excuse to apply charges and I stated that under no circumstances would my wif'es account be allowed to exceedthe limit and it was their responsibility to ensure that it did not.

 

I also told them that any letter from them that did not say that the charges had been refunded would be considered to be their final determination and Walter Merricks, Chief Ombudsman would be immediately notifed.

 

I referred to previous precedents and told them that I should need witnessess, proof of evidence and other information if they wished to challenge this. I also demanded £28.55 to cover my expenses in pursuing this claim against their illegal actions.

 

...Seven days later, my wife received a letter saying that although they did not believe that all my arguments were valid and that their charges were fair, blah, blah, (Yeah, right!) they had credited £48.00 to her visa account!

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  • 3 weeks later...

Since this is the sucessfull claims thread,

 

I might as well add my thread here.

 

Sought £380 back in April, was offered £152, which was declined.

 

Barclays failed to submit a court bundle, and failed to show up in court yesterday (20th Aug)- however, it was adjourned due to missing paperwork.

 

£511 transferred to my Natwest bank account overnight as Full & Final settlement.

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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  • 4 weeks later...

Hey Guys,

 

about 4 months ago had £80 refunded, i kept fighting and got today £445 more refunded including

Unlawful Charges and PPI £215.59

Contractual interest at 27.9% APR £153.60

9 letters sent £6.95 per letter -£ 62.55

Time spent 10 hours at £9.35- £93.50

 

 

Refund -£80

 

 

Total: £445.24

 

 

Please do not stop..Please keep fighting;)

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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  • 1 year later...

Sent 1st claim 17/11, bc credit my account the difference between charges 19/11 (£224+8%)

sent rejection letter 2/12, bc credit my account the balance 5/12 (£644.08)

My account is now in Credit so I am very happy :)

 

PPI and FAP next, then MBNA!

 

Thanks to all and will find a way to donate to this brilliant site!

PPI reclaims:

RBS: Received stat interest on premiums - £2345, awaiting premiums refund (possible offset)

Blackhorse: Confirmed upheld, awaiting letter - circa £2k

 

Charges reclaimed:

Barclaycard £800 + 8% - Full refund

MBNA £780 (incl. 8%) - full refund

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  • 1 month later...
  • 3 weeks later...

I have just come out of work and have no money to pay my Barclays loan or barclaycard - can you tell me how I go about getting them to agree to my offer i.e. £1 for barclaycard. I don't know how to go about things with Barclays as I would like them to give me time to find a job e.g give me 6 months leeway.

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  • 3 years later...

If you want to see more recent Barclaycard **WON** cases, they are here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

This thread is now being closed.

 

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