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    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
    • was your car on the public highway.? and how far were you into the LBL when they took it.?   outline when you took the loan out? for how much and how many months for?   dx  
    • Yes, if you don't want their money then this is the time to write to them rejecting the offer and threatening to start County Court proceedings and 14 days. Don't imagine that your letter of claim will have any effect. It simply a formality and you will have to issue the court papers. If you want to send a letter of claim then post up a draft so we can have a look. Keep it short and to the point. Make sure that you understand the next step – which is issuing the claim
    • i've done it now.  
    • Sorry,  it won’t let me edit it.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Court Next week! **ANOTHER BARCLAYS WON**


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A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

 

 

What did you put in a reply to the barclays defence?

 

And where do I get the other information? any chance you could send me some stuff on a email?

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Sorry to jump in on this thread. I would also be very grateful if you post in an open thread or PM me some pointers as to where to find the documents needed to submit to the Court.

 

 

Cheers

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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OK this is what I have put together so far.

 

Let me know if you need any of these as some were hard to find using google:

 

List of charges to date

List of letters sent to Barclays

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). Supply of Goods and Services Act 1982 s.15.

OFT investingation

 

Well I think I have the above docs but having trouble finding the relevant sections in them :(

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Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

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Mervalous

 

Would it be possible to either post or PM me with a link to a copy of the Unfair (Contracts) Terms Act 1977 s.4, I can't seem to find one on the site or on the OPSI site.

 

Many thanks in advance

Boon

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Yes, I have recieved a letter back from the courts informing that date is TBC and that I need to send all docs to both barclays and the courts 28 days before the court case.

 

Thats why I'm running around trying to find out what docs we should send, there doesnt seem to be a definative list anywhere.

 

Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

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Mervalous:

 

I am at the same stage as you. I am going to submit all of my evidence today, and spent the last week preparing everything.

 

I have included:

 

A copy of all correspondence with the bank.

A breakdown of charges + interest.

A summary of the dispute to date.

A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

A copy of the OFT Report on Default Charges [downloadable from OFT website].

 

I hope this helps.

 

 

Hi,

 

I have just recieved Barclays defence through the post. When returning the questionnaire to the court do I need to include any of my responce etc, or is all of that done later?

 

In regards to your quote above would you possibly be able to post any links to the relevant documents so I (and others) can have a scan through them?

 

Much appreciated....

 

:D

 

PS: I too recieved the same defence as everybody else seems to.....

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No documents need for the questionnaire, well I didnt bother as it says something about not needing to on the form.

 

I dont know where I found the above docs but if you cut and past the names into google it should bring you loads of links, thats what i did and just saved them on my PC now :)

 

hth

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Andyroo & others seeking information:

 

I started by including all letters which I sent to Barclays, and received from them. I put these in chronological order. In hindsight, although I didn't include it, I would have also sent a copy of the letter which Barclays normally sends when it charges you £35 (The one that says We are charging you for having insufficient funds in your account, blah blah blah). If you choose to do this, write above it, "Sample Letter" (which, when accepted into evidence, will prove what Barclays have been doing, adding to your argument that it shouldnt cost £35 to only write this letter!

 

As far as the legislation is concerned, I used the Google search engine to find specific mention of the names of the Acts. I typed in the names of the Acts (e.g. "Unfair Contract Terms Act 1977"), and there were a few hits. Some of these sights allowedyou to print off the relevant sections of the legislation.

 

Other useful sources of information:

Govan Law - Resources: penalty & unfair bank charges | legal help from Govan Law Centre, Glasgow, UK

Bank Charges Hell - bankchargeshell.co.uk - Bank Charges

St Brendan's Law - Information about contractlaw and terms - Saint Brendan's - Law pages - index

 

Don't forget to include a copy of the OFT's April 2006 report on Default Charges - downloadable & printable from the OFT website http://www.oft.gov.uk. Before sending a copy of this to Mr Jeremiah (or his other assistants) and to the court, read through it, and highlight the relevant bits of the report. The judge will appreciate this, rather than having to trawl through the wholedocument. Notice, the end paragraph mentions that, although the Report focusses on credit card charges, its findings should also be applied to other banking services, such as overdrafts etc!

 

Good luck in your research. Please pmmeif you get stuck on any of the above.

 

PS: Although I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline, the final deadline day for the bank to do the same was today, and no docs. have been received by either myself or the bank. Does this mean Barclays cannot produce any evidence???!!!

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Sorry to be a pain but I have had a quick look at the OFT site and cannot find the 'April 2006 report on Default Charges'

Could you post a more specific link please

 

Cheers

 

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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Thanks Mervelous

 

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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can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

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Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

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Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

 

yeah np

 

unfortuantly i am not at home but will be tomz so i will let you know then!

 

James

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can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

 

that would be very handy indeed.

 

Can someone help us?

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no, just putting together everything I need. so far I have the oft document (want to highlight relvant area's), all corisponance between me and Barcalys, list of charges.

 

anything else?

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If they settle before the court date, send a letter to the court informing that they have settled with no new information coming to light and that in your opinion they are wasting the courts time by dragging out yours and other cases with no intention of defending - which Barclays seem to be doing with everyone. I'm waiting for the allocation questionairre now , however, i am cofident that they will settle before a court hearing- and I will be sending a letter to the court when the time comes.

 

I don't know if it will serve any purpose but its worth a try.

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Good luck too

 

I am at a similar stage to you - AQ has been sent, now waiting for Court date

 

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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...I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline...

 

Ive just sent back my court questionnaire, how long after did you get your deadline to supply the evidence?

 

Many thanks. :D

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Please note that this topic has not had any new posts for the last 5244 days.

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