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    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
    • You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.     .
    • Do we use the same defence. My concern is that it should not even be going to small claims court. The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally.  There were also 2 other directors involved with the company.                
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Alleycat v Barclays - Stay been ordered by judge


Alleycat
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Hi all,

 

Got a reply to my letter from the Courts. It reads:-

 

"With reference to your letter dated 24th July which was referred to the District Judge and the following comments were made:

 

We now know that Elliot v Lloyds TSB has been settled. The Designated Civil Judge for Bradford His Honour Judge Hawksworth QC is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision. We will write to you again as soon as we can."

 

Sounds interesting! I wonder if they will be looking into the way that the banks have been blatantly abusing the court system and/or if they are looking for another potential test case to enable a conclusive decision on our cases?

 

Anyone got any thoughts?

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Hi Alleycat, I am very impressed by your efforts so far, especially your last letter to the judge.

 

I received the defence from Barclays today and am awaiting my Allocation Questionnaire.

 

As I understand it, the judges are looking into the way the Banks are abusing the court claims procedure and will make a decision some time in the future. Is this right?

 

By the way who is your OH?

 

 

 

Don't let the fatherless chillen get ya!

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 1 month later...

Well, I have left numerous messages for the great Jeremiah with no response whatsoever and have heard nothing further from the Courts. I just feel stuck in limbo now and it is frustrating.

 

I decided to ring the courts and have just got off the phone. Unfortunately the guy who wrote to me from the Listings Section is currently in court, but I spoke to a colleague who is going to speak to him today. I have asked for them to email me as I am at work this afternoon, tomorrow and Friday. The stay pending further attempts at resolution is up as of tomorrow, but obviously there is still the stay pending the collation of info relating to other similar cases.

 

Apologies for being absent from this site for a while, but home and work life has been rather manic of late. I hope to be back posting regularly again in the not too distant future.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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interesting that the judges are collating info to come to a group decision on how to deal with the cases... wonder if the same is happening uk-wide and whether this is a good thing for all of us persuing bank charges or not.

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  • 1 month later...

Okay, so I got a Notice of Allocation or Listing Hearing sent through by the courts. I had to attend last friday, which I did. Barclays also sent out a letter a couple of days after the Allocation Hearing letter, so I assume they must have received their copy and decided to try and stop it getting that far. They offered to settle the claim (almost) in full (minus some interest) which the usual confidentiality clause. I tried ringing Keith several times to discuss the offer and to get rid of the confidentiality clause but he did not ring back.

 

Anyway, went to court and Barclays did not turn up. The judge decided on that note, to make a judgement in my favour!! We discussed the extra interest and decided to leave it, and I received a letter from the court advising that the defence had been struck out and Barclays were to pay up by the 19th October. Now celebrations you would have thought?? But no. Barclays are being t*ssers and have sent a letter which I have briefly copied out below:

 

"I am writing to you in connection with the default judgement which has recently come to the attention of the litigation team.

 

I believe that you had issued a claim via the Northampton CC and in the absence of attendance at a Court hearing, obtained a judgement on the 5th Oct.....

 

Notwithstanding the fact that we inadvertently did not arrange attendance at the hearing, we are still entitled to make an application to Court for the judgement to be set aside on the basis that the Bank was not represented at the hearing. However, I am conscious of the time involved for all concerned i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore propose to offer to settle your claim in full."

 

They then go on to list the clauses such as I consent to the judgement being set aside, that upon payment I write to the court stating that I haave withdrawn my claim.

 

Its been headed without prejudice, so is inadmissable in court.

 

Now I could really do with the money as I need to make some payments and life has been a git recently (on long term sick from work due to harassment and PND, bringing a formal complaint against the bullier, decided due to this to bring our move to London forward as it is making me ill etc). But I don't want the banks to feel that they have won or to jeopardise the movement in getting unlawful bank charges stopped.

 

What do people think I should do? Can Barclays apply to have the judgement set aside once the two weeks to pay has elapsed (they need to have made payment by 19th Oct)?

 

Thanks,

 

Alleycat

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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You've got what you asked for, this letter from Barclays is getting more common by the week.

 

You should sign and accept it. If you don't, Barclays WILL still get their set aside and you will have to wait for a court hearing to be set in order to win something you have just been offered.

 

Well Done and Good Luck.

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

 

Welshman

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I dont have any knowledge of what they can do in this regard, but being a selfish bugger, if it were possible to habg out there, raise the isseue with the court and judge, it would be more satisfying. however as i said i am no expert and trsut that a mod can look into this for you. bugger them and get the decree against thema nd dont sign any confidentiality clause

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AC This is a standard template letter from Barclays. Ive had one myself after they failed to acknowledge MCOL.

 

I accepted and the money was in the bank within a couple of days.

 

They will then get a formal setaside and eventually settled. It saves them looking amauter and having a judgement against them

 

I would say they have got absolutely no chance of getting a stay based on the fact they didnt turn up but you are basically arguing a matter of principle which will mean you are gonna wait for the money.

 

In the end of the day you have won. Its an easy sum to do. Can you afford to wait another couple of months for the money if you can, go for it, If you cant accept their offer.

 

You could accept the settlement without the confidentiality.

 

Whatever you decide must be correct for your circumstances.

 

Apart from that well done great effort and a jolly good read. Hope the money makes a big difference.

7 actions in progress

 

amount refunded so far £6500

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I would say they have got absolutely no chance of getting a stay based on the fact they didnt turn up

 

Sorry, that is not true. They have EVERY chance of getting the set-aside granted.

 

As Welshman says, you can agree on the set-aside, and get your money sooner (make sure they pay interest right up to date, and NO confidentiality attached!), or you can object to the set aside, it will go to a hearing a few months down the line, where they will get the set-aside granted, then another few months for the court hearing proper, and Barclays will then pay up a few days before the hearing. So nothing much to be gained by objecting, IMO.

 

Say yes, get your money, and crow it from the rooftop!!! :-D

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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