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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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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