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    • They have been sending messageslike " Do you want a refund or not"  which ive said im at work just try and avoid their childish obstuctive replies as ive had enough of them but i plan on going up tomorrow , so my question is,  they have to give me a refund dont they, they can not bargain or refuse the refund if they havent checked the phone first ? Their previous messages have said they want to check the phone first before a refund is given and i think theyll try this tomorrow as they have argued all through this .... If that happens can i just walk away and then send the letter of Particulars which is due next week ? Edit :   Just for the record the phone hasnt been used since buying its been put in a protective bag and put in a draw , its in the same condition as i bought it
    • To be fair ,  she has responded and said she's on holiday but returns Sunday and will bank transfer when she returns and i think i believe her.
    • Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
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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.
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      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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Lottie 36 v Barclays *****WON*****


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Please can someone help me.Its not through lack of research from this forum beleive me!!I have not had a reply regarding the LBA i sent to barclays(not that i was expecting one).I will be filling my claim as soon as i can work out my interest of 8%.I am using the simple spreadsheet supplied by vampire claiming statuatary interest of 8%.This is where im having problems: claim date=is this when i file my claim with moneyclaim? Total claim=Is this the total charges im claiming back? Daily interest rate in pence=is this ,amount of chargesx0.00022? total amounts=help im not sure what to put here? Will the spreadsheet automatically do the sum for me once i input all the information?I am not a whizz kid but am taking it in slowly very slowly.Iwould be grateful for anyones help.Cheers:-)

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Hi Lottie 36

 

Lottie I'm concerned that your thread is not in the Main forum where we have over 80,000 members that could be helping you with advice from their own experience.

 

I will request that your thread be moved over. if you are worried you will not find it again please PM me and i Will send you directions and ways to get around the site.

 

BL:)

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Please can someone help me.Its not through lack of research from this forum beleive me!!I have not had a reply regarding the LBA i sent to barclays(not that i was expecting one).I will be filling my claim as soon as i can work out my interest of 8%.I am using the simple spreadsheet supplied by vampire claiming statuatary interest of 8%.This is where im having problems: claim date=is this when i file my claim with moneyclaim? Total claim=Is this the total charges im claiming back? Daily interest rate in pence=is this ,amount of chargesx0.00022? total amounts=help im not sure what to put here? Will the spreadsheet automatically do the sum for me once i input all the information?I am not a whizz kid but am taking it in slowly very slowly.Iwould be grateful for anyones help.Cheers:-)

 

Hi. Have you had a reply regarding this post?

 

If not, I'll try and help but not sure if you are having a problem with the spreadsheet or with the moneyclaimonline form?

 

If it's the spreadsheet, your answer is:

 

Welshman - Claim Number:

A1B2C3D4

Barclays Bank PLC

20-10-42

123456

SCHEDULE OF CLAIM FOR CHARGESPERIOD: 1st October 2000 TO 1st October 2006

In Respect of: ----Amount----Date Incurred----Days since offence----Interest 8% APR

Paid Referral---------£20.00--------19/10/2001 -------------1867-------------------------£8.21

Paid Referral---------£20.00--------20/10/2001--------------1866-------------------------£8.21

Paid Referral---------£20.00--------24/11/2001--------------1862-------------------------£8.19

Paid Referral---------£20.00--------19/12/2001--------------1837-------------------------£8.08

 

The amount is self explanatory. the date you put in is the date as at the statement. It then automatically calculates the last two columns.

 

If it's the MCOL form, come back to me.

 

If this posting has helped, please click on my scales above.

  • Haha 1

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

 

Welshman

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  • 1 month later...

Barclays have until Sunday to defend the claim but because the 28th day falls on a weekend they are given an extra day!I cannot file judgement until midnight on Monday (i was told this by mcol).Can anyone tell me why i am having problems opening the oft summary and the Early day motion from the houses of parliment?I might not need these but I want to be prepared in case they defend.

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If you are LOST in CAG

Click the Consumeractiongroup at the top left hand corner of this blue section on your screen.

This will show you a detailed Index of the forum.

Tracking your Claim Thread

Once you have located your bank and have made your thread, select thread tools at the top right of the thread, choose subscribe to thread, then select Yes.

To locate your Claim Threads

Just up from thread tools and to the left click Quick Links, this will offer subscribed threads. In here you will see your claims.

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I am trying to complete my court bundle but am having problems opening the 'OFT Statement Summary'and also the 'Early Day motion from the House of Parliment'.Can anyone help me.Im also a bit concerned as to where my thread is being located.Was tempted to start a new thread but will plod along here.Hopefully someone out there will reply.Only one day and a bit left but they still havent defended,but im not holding my breath.

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If you are viewing in Microsoft word you need to hold down the 'Ctrl' key when you click on these links

 

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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Well just got home from work and guess what Barclays have entered a defence.Just checked online and this is what it said.

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

oh well at least I can stay in bed in the morning now.Its what I was excpecting anyway.Will keep you posted.Good luck everyone.

No Not Luck, its whats rightly ours!!!

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Received AQ today.Their defence is more or less the same as everyone elses.I am going to send another copy of the schedule of charges with my AQ.Their defence states that quote:

The particulars of Claim do not provide details or particulars of the precise charges alledged to have been unlawful,or the date thereof.

How can they say this when they received a schedule of charges with the LBA I sent and I also sent a copy of the charges by recorded delivery to the court and to the bank when they acknowledged the claim!!

So this is a lie.

Are they allowed to get away with it?

My claim has now been transferred to Pontyridd County Court.My AQ needs to be in by 23 Dec.

HoHoHo

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IMHO , although you have provided them with several copies of your spreadsheet, they need you to prove you haven't made it all up. So what they want are copies of your bank statements. Which they sent you in the first place. The Court will ask you at some point for your bundle of evidence which you will use in court. Included in your 'Bundle' there needs to be copies of your statements (probably underlining or highlighting the penalty charges)

 

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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  • 3 weeks later...

I havent been posting for a while cause theres not a lot to say. Im waiting for a directional hearing date now.

From reading Welshmans thread they cant settle before you get a date.

Unfortunately I phoned Barclays and asked to speak to who is dealing with my claim.They said it was Timmy or Temmie or something like that.They said he would call me back but he didnt.So Icalled him on his number and left a message-no reply.

I have since received another charge on my account but I telephoned the bank and they replied within a couple of days with a refund,but refuse to repay any more!

Considering I didnt have much to say that wasnt bad was it

Typical woman!!:)

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Temi is Temilope Fatogun - no really. Her direct number is 020 7116 5634.

 

She dealt with my claim and she is very nice to speak to. Make sure that you have your up-to-date figure in front of you so that if she asks, you have the figure to throw back immediately.

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

 

Welshman

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If you're set for a directions hearing the court will tell you u don't need a court bundle, and so won't need to send one to barclays..however, my directions hearing lasted 2 1/2 hours and I ended up arguing my entire case. I was glad I took along my court bundle!

My advice would be to be as prepared as possible, and assume you will be presenting your case. Of course, barclays will probably settle before, but you never know! read my thread for more info on directions hearings

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Just a couple of things really.

I have just about finished indexing my bundle.I am still waiting for a court date but was wondering if I should send a copy of my bundle to Barclays

(and if so who to?),even though the court hasnt asked for it yet.

Also does anyone think its worth ringing Temilope Fatogun and trying to settle the claim before I receive a court date?

Also I would rather not copy another 2 bundles if not needed.

Many thanks for any ideas.

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There's no need to send the bundles just yet. The Court will tell you when.

 

There's NO point phoning Barclays til about a week after you receive the Court date. They will be notified at the same time as you are but allow time for it to filter through their internal workings.

 

When you are asked for the bundles, you should send one to the Court, one to the Bank and keep the original (with all original letters in it) as your own bundle.

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

 

Welshman

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Telephoned Pontypridd court to see if they are sending me a date to attend.They said that all bank charge cases are being seen in cardiff at the same time.So am waiting for the post man.

I have also been doing this for a friend.She has been offered £1000 out of £2085.But she is so tempted to take the offer.She is holding out to see the outcome of my case but her 8 weeks deadline to accept their offer is slowly ticking away.

She is only watching my progress but I think if she was reading this forum and seeing the results im sure she would be thinking differently.

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Hi Lottie,

My name is on the list for the hearing that is to be held in Cardiff.

Good to know im not the only one so far, I will let you know if i hear anything.

Claire

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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