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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Hackers75 VS Barclays


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Hello, I was redirected here from the Martin Lewis Website (I heard him talking about this on Radio 2 a few weeks back). What a wicked site. I feel very motivated reading other people's cases.

 

So here is my story so far...

6th October - Sent a letter to Barclays asking for details of all my statements going back 6 years.

12th October - received all my statements (but in a different format to normal)

16-20th October - Read through the website

20th October - Preparing to send my prelim letter claiming £2000 plus £381.63 overdraft interest

 

I hope someone can help me...I have used The Vampiress Google spreadsheet to calculate the overdraft interest but mine seems quite a high amount to claim in comparison to other threads I have read...I have redone it twice but still get the same figure am I doing something wrong.

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Hi - it depends on the spreadsheet you are using (compound contractual, or standard interest) and when the bulk of of your charges occurred. The more recent ones will have less interest than older ones. It's not easy to give an average figure as everyone's circumstances are different. £381 on £2000 doesn't sound excessive to me.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 weeks later...

I received the standard letter from Mike Brophy "...I am sorry your unhappy...A full report or an update on our progress will be sent to you within eight weeks..."

 

Preparing the LBA letter (for posting on Friday). Bring it on Barclays, I look forward to having my money back and buying my wife something nice (after making a donation to you guys!)

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Hi hacker could you start threads for all your claims in the main section linked at the base of this post " list of banks" thats were all the members are, you are still in the welcome section

 

Good Luck

BL:)

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  • 2 weeks later...

Hello, I was redirected here from the Martin Lewis Website (I heard him talking about this on Radio 2 a few weeks back). What a wicked site. I feel very motivated reading other people's cases.

 

So here is my story so far...

6th October - Sent a letter to Barclays asking for details of all my statements going back 6 years.

12th October - received all my statements (but in a different format to normal)

16-20th October - Read through the website

20th October - Preparing to send my prelim letter claiming £2000 plus £381.63 overdraft interest

 

I hope someone can help me...I have used The Vampiress Google spreadsheet to calculate the overdraft interest but mine seems quite a high amount to claim in comparison to other threads I have read...I have redone it twice but still get the same figure am I doing something wrong.

Last edited by Hackers75 : 31st October 2006 at 17:20.

 

 

icon1.gif Re: Hackers75 VS Barclays

 

 

Hi - it depends on the spreadsheet you are using (compound contractual, or standard interest) and when the bulk of of your charges occurred. The more recent ones will have less interest than older ones. It's not easy to give an average figure as everyone's circumstances are different. £381 on £2000 doesn't sound excessive to me.

 

 

icon10.gif Re: Hackers75 VS Barclays

 

 

I received the standard letter from Mike Brophy "...I am sorry your unhappy...A full report or an update on our progress will be sent to you within eight weeks..."

 

 

Preparing the LBA letter (for posting on Friday). Bring it on Barclays, I look forward to having my money back and buying my wife something nice (after making a donation to you guys!)

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Received a goodwill offer of £990 (less than half of what I'm due). Pah!!! Too little too late. Going to send them a letter saying I will accept this as a partial payment and they have 7 days to pay me the remainder or I shall take court action with no further notice.

 

Please can someone confirm this is the right thing to do?

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Reference xxxxx

Account Number xxxx

Sort Code xxxxxx

With reference to the above, and to your letter dated 13 November 2006. I wish to thank you for your offer of £980 in respect of bank charges levied over the last six years on my account. I will be happy to accept this offer as an interim payment (not Full and Final Payment), but wish to inform Barclays that I require the outstanding balance of £1020 to be paid within 7 days.

I require repayment in full of this money. If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Any amendments needed???

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I have submitted my Mcol today :

 

The Claimant has an account xxxxxx with

the Defendant, opened July 1990 2. Since

12/11/99 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £2000; (b) Interest per

S.69 County Courts Act 1984 of 8% -

£732.28 continuing at 8% until judgment or

settlement at a daily rate of £0.44; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982.7. Costs allowed by the

Court.

 

Does this look right? I would be very grateful if someone can confirm and reassure me that all I have to do now is sit back and wait for Barclays to acknowledge the claim?

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I respectfully suggest that you ask whether a certain text is OK BEFORE you submit it because it seems like putting the cart before the horse asking for reassurance now.

 

My POC was:

"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999, Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

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

 

Welshman

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  • 3 weeks later...

Nightmare!!! Barclays acknowledged my claim yesterday (14th day is today). Then I re-read my particulars of claim and realised I had made a mistake. I forgot to include the interest in the Amount claimed box so I was claiming £2000 instead of £2732. Also notice that I was claiming charges back to 1999. Called Northampton County court and spoke to a very helpful lady who told me I need to fill in another N1 form send them a cheque for £35 (payable to HMCS) and complete a N244. Please can someone help me with the N244 form http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Thank you very much in advance and I realise that I am a muppet!!!!!!!!

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  • 1 month later...

Basic Court Bundle is here:http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

 

Along with the hearing date the Judge will probably have provided directions such as documents to be submitted and deadlines to be met eg all evidence to be submitted to courts and defendant 14 days before hearing etc.

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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I have received a court date on 12 MARCH 2007!!!!!

 

That's pretty quick - where do you live? Which court. Mine's apparently booked up until May.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

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I agree that the court date is very quick - some people are getting dates for June! Check the letter again is it a full hearing or a prelim. If your not sure post the content of the letter here and someone will advise.

 

As for the Bundle don't panic!! It is not as mind blowing as you first think!

 

You should already have your schedule of charges, statements and all the correspondence - well thats the main part of it.

 

Print off a copy of the Bundle from the templates on here and have a look through it is made up of several sections. I copied each section into a new word document and then printed them off seperately.

 

Once you have every thing (as per the list of documents as shown on the first page of the bundle template) put everything in the correct order in a ringbinder or similar and number each page (this can be done by hand).

 

Once everything is numbered type up a list of contents with page numbers, add a cover page. Then off to the photocopier and make two copies and the jobs done. But dont leave it until the last minute or your will run out of ink in your printer or get or your pages in the wrong order. I did mine in the office on a Sunday so I wasnt disturbed.

 

Send me a PM if you need any help.

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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  • 1 month later...

2 threads merged

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.

 

 

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