Jump to content


  • Tweets

  • Posts

    • An update! I emailed both Andrzej.Tuleja and James_Goldsmith at Whirlpool dot com. I got a phone call from their executive team a couple of days later, and a replacement part dropped on the mat a week after. She was quite apologetic, however, also reiterated the "90 day warranty" period on customer fitted parts, and did not comment when I mentioned that the CRA also applies as I was a consumer buying from them directly. So I now have a spare door switch if the machine decides to eat another in the future! Cheers all!   Note dx100 that the "Hotpoint CEO" you linked to is not related to the hotpoint appliances, but some kind of marketing app.
    • yep, throw that morality card out the window....9/10 you never owe a DCA ANYTHING!! they are NOT BAILIFFS!!
    • (See the link to DVLA’s INF188/6 document I posted above, page 4 as cited) “I have a new medical condition that I have told the DVLA about on my recent application. Can I drive? As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria, you may drive. It is important that you are satisfied that the medical condition you have declared on your application does not stop you from driving. If you are unsure, check with your doctor or healthcare professional before you make a decision. You can also look up your condition in the ‘Assessing fitness to drive’ guide, which you can find at www.gov.uk/dvla/fitnesstodrive to see whether you meet the medical standards for driving. As this guide is intended for healthcare professionals, it can be complicated. Your doctor or healthcare professional should be able to help you if necessary." It seems that DVLA think that S.88 does apply for applications disclosing a new medical condition after all. Why might this be so, and what of “qualifying application" and "relevant disability"? S. 92(1) imposes on the driver a requirement to disclose a relevant disability. S.92(3) requires the Secretary of State to refuse such an application disclosing a relevant disability ….. EXCEPT S.92(4) requires the Secretary of State to grant such an application if the relevant disability is “adequately controlled”. Hence my belief S.88 can apply for medical conditions (if the driver meets the medical standard of fitness to drive) as the application remains a qualifying application IF the driver meets the medical standard of fitness to drive, until DVLA (on behalf of the Secretary of State) say it doesn’t, provided the driver believes they meet the (medical) standard. Additionally, at (or before) June 2013 (as noted in my previous post) the medical standard for fitness to drive for conditions involving excessive daytime sleepiness was changed from “completely controlled” to "adequately controlled".  
    • CFO Bill Guan allegedly led a team at the news outlet that was behind a global money laundering scheme.View the full article
    • Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow".
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

SpirallingIntoControl Vs Barclays


Guest SpirallingIntoControl
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6206 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Guest SpirallingIntoControl

Hiya all,

 

Have received my statements from my old Barclays account a couple of days ago. Will be sending my preliminary approach letter (recorded delivery) tomorrow, claiming back around £1950. Just a quick query regarding this...

I'm going to send it to the main Barclays head office address

 

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

Is this OK, or do I maybe need to be a little more specific?

Thanks

Link to post
Share on other sites

  • 3 weeks later...
Guest SpirallingIntoControl

Just a quick update - After posting my Prelim approach letter, I received the seemingly standard "We're sorry to here that you're unhappy and we'll try get back to within twenty years..." reply letter.

 

I've now sent my LBA, along with another copy of the schedule of charges, and I must admit that I'm getting a little excited/nervous... I'm going to spend the next two weeks reading up on MCOL and court procedure, etc.

 

Things are starting to move now!

Link to post
Share on other sites

If you read enough threads, (pick the long ones so that you can see the timescales involved) then by the time it comes to MCOL it will all seem very straightforward.

 

Oh, and I LOVE your username...

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

Link to post
Share on other sites

Guest SpirallingIntoControl

Thanks very much Vince! I thought my username was quite appropriate, as it's pretty much the opposite of what was happening when I was with Barclays...;)

 

No further updates as yet. I've still not heard anything back from Barclays - 1 week to go before MCOL by my reckoning...

 

Cheers.

Link to post
Share on other sites

Guest SpirallingIntoControl

Hi all - Have now received a letter from Barclays, offering me £970 towards the total (£1950), "as a gesture of goodwill, in full and final settlement of [my] complaint"...

 

This. as expected, came with a little form for me to sign and return.

 

I'm not going to let them off that easily, particularly as they have persisted, despite my repeated complaints, in sending the letter to my previous address. In addition to this, they also state that any payment they make to me will be "credited direct to my account within seven working days", despite the fact that my account has been closed for nearly a year!

 

The fact that they aren't even really reading my letters only makes me more determined not to cave in. I'm sending the rejection letter for this offer tomorrow, along with a paragraph emphasising the fact that my account is closed and my address has changed.

 

I do have a quick question though; Do I still stick to my original timescale and file with MCOL on Monday (after the LBA's 14 day deadline), or should I give another 14 days?

 

Thanks

Dave

Link to post
Share on other sites

Stick to your timetable.

Don't give them any more opportunity to delay paying back your money.

 

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

Link to post
Share on other sites

Guest SpirallingIntoControl

Cheers Spotty - that's what I thought.

I've now sent the rejection letter and will be filing with MCOL on Monday/Tuesday.

 

Things are starting to move now...

Link to post
Share on other sites

  • 3 weeks later...
Guest SpirallingIntoControl

Evening all - things unfortunately took an unexpected turn and I have not been able to file my claim until tonight, as I've been ill and off work (where most of my documentation was) for the past fortnight. Anyway, the claim has now been filed.

 

One quick question though - do I need to send the court or Barclays any info (Schedule of charges, etc) now, or only if/when I receive an AQ?

 

Any response is, as always, greatly appreciated.

Cheers

Link to post
Share on other sites

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

Link to post
Share on other sites

  • 4 weeks later...
Guest SpirallingIntoControl

Hi All,

Hope everyone has had a great Christmas thus far.

 

I think I may have received something of an additional Christmas present here...

 

I filed with MCOL on 4/12/06 and received my Notice of Issue in the post a couple of days later, stating that the defendant had until 23rd December to reply. Having checked on the MCOL site over the last couple of days, the Claim still shows as being Issued, with no mention of any reply or acknowledgement from Barclays. Am I correct in saying then, that Barclays have missed their chance, and I can therefore apply for Judgement (or at least on Wednesday, once the Bank Holidays are out of the way)? I'm a bit concerned that this might be wishful thinking on my part...

 

Thanks very much and Best wishes to all for the remainder of the Christmas period, and for the New Year.

Cheers.

Link to post
Share on other sites

You certainly can apply for judgment for them failing to acknowledge but don't be surprised if they acknowledge and it gets accepted even after time's up.

 

It's really frustrating but it happens.

 

Try and do it before 9am so that it's dealt with that day.

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

 

Welshman

Link to post
Share on other sites

Yes there have been recent cases of Judges allowing extra time.

More annoying is the Baliffs practice of also dragging their feet.

One such case happened in my own town not too long ago.

Barclays failed to acknowledge.The Judge gave extra days.

Judgement was awarded.The Guy contacted the Baliffs.

After 6 days they tried to act but Barclays immediately fired in an application for a set aside using the excuse that paperwork had "Gone astray "

The judge allowed the set aside.

7 days later Barclays settled in full.

Talk about taking the .........:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Guest SpirallingIntoControl

Evening all,

I was just about to apply for judgement this evening, and to my disapointment, Barclays have today acknowledged my Claim. Gutted.

Anyhoo, it at least means that things are moving once again.

Am I correct in saying that they'll now have 14 days to file a defence?

 

Once I get my notice of acknowledgement, would it be worthwhile actually giving the bank a call to try to negotiate a settlement? By negotiate, I of course mean 100% or nothing...

 

Thanks.

Link to post
Share on other sites

You are correct about them having 14 days to submit a defence. But, history says that the bank will not entertain any phone call to them until they have been notified of a Court Date at least. You must also allow time for the correct department to be notified via their internal system. Even then, if the date is someway off, they still may try and let Claimants sweat it out.

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

 

Welshman

Link to post
Share on other sites

  • 3 months later...
Guest SpirallingIntoControl

Hi all.

Blimey, it's been a while since I updated the thread.

 

Anyway, I filed the papers (Allocation Questionaire) with the court towards the end of January and only heard back from them last week.

 

I've received a letter stating that my case hase been assigned for a hearing on 29th June.

 

I plan now on sending updated Schedules of Charges to Barclays and the Court and then, in a week or so, actually giving Barclays a call to see if they're willing to settle. Would this be wise, do you think?

 

I figure that if they're not willing to settle, it just means waiting another couple of months (as well as preparing the Court Bundle, which needs to be with the court and the bank by 14th May), before I can get what's mine.

 

Any comments/suggestions? I'd be interested to know if anyone else is currently at a similar stage in proceedings with Barclays.

 

Thanks

Link to post
Share on other sites

  • 2 weeks later...
Guest SpirallingIntoControl

All,

I finally drummed up the nerve to call the Barclay's yesterday to speak to whoever was looking after my case. I was advised to speak to Charlie Sparling(sp?), but that he was out of the office for the next few minutes. Anyway, I called back about an hour later and spoke to Charlie: turns out he's a very personable chap.

 

He asked me when my court date was and I said 29th June. The rest of the conversation went something like this:

 

Charlie: That's still quite a while off...

Me: errm...relatively...

Charlie: Yeah. Thing is, we've got a few people whose court dates are next week, so as you can imagine, we need to settle with those people first...

 

Me: Fair enough.

 

Charlie: ...but if you can give me a call late on next week, if I've got half an hour or so to spare to verify the charges, I see no reason why we couldn't have it all sorted out there and then for you.

 

Me: OK. Ta very much.

 

What surprised me a little is that there seem to be no charade by Barclays at this stage over 'discussing' the issue, and Charlie implied that they're settling with everyone (which we already know), but also they assume that we know this.

I'm sure that they've dealt with plenty of requests of this type from the CAG and other similar organisations, but I had mentally prepared myself for a bit of an argument, or at least having to explain my case, so it threw me a bit to basically be told "You'll have to wait a week or so, but then we'll settle in full".

 

It just seems a bit odd, when Barclays seem to fight tooth and nail up to this point, to have them capitulate with no pretense of a fight once you get to this stage.

 

Any thoughts?

Link to post
Share on other sites

The Litigation team at Barclays are VERY professional and polite.

 

They must be contracted in from an agency or something.

 

LOL

PMSL

 

 

Only joshing Barclays Team [i know youre watching :)]

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

Link to post
Share on other sites

Guest SpirallingIntoControl

:lol: - Agreed. If only Barclay's could populate their entire workforce with people of this calibre.

 

They're a far cry from the woman in my local branch who once told me that I should "take better care of my money" when I called in to query a £25 charge incurred for going

 

Well, they should take better care of their customers IMO, which is why I soon after closed my account with them and went to one of their competitors, with whom I've had no problems at all.

Link to post
Share on other sites

  • 3 weeks later...

SpirallingIntoControl - Ilaughed at your last post, being told to look after your money, when I rang up a while ago about charges I was told "well, the problem is you spend your money!" Of course I do, I work blessed hard for it!

Link to post
Share on other sites

Guest SpirallingIntoControl

Absolutely.

 

Incidentally, I've now sent my documents bundle to the court and to the bank, and I've tried calling the litigation dept. again once or twice, but keep just getting the guy's voicemail. I guess I've just got to be patient...

 

By the way, what's everyone's opinion on Lloyds TSB winning a case in court?

 

SIC

Link to post
Share on other sites

  • 3 weeks later...
Guest SpirallingIntoControl

Hi All,

 

I've emailed Charlie from the litigation Team at Barclay's this morning (contact details kindly provided by dar£n in this thread), only to receive an automated response saying that he'd left the company :-x

 

However, he provided details of a lady called Charlotte in the litigation team, who I then emailed, and received this reply:

Dear SpirallingIntoControl,

 

Thanks for your email. I’m dealing with you claim now. I will verify your charges today and hopefully email you out a settlement offer later this afternoon or tomorrow.

 

So, it's looking pretty good:- fingers crossed!

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...