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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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tnook

Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

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4 minutes ago, tnook said:

But this isn't the aim of the case. I'd rather not discontinue. Do I need to?

Can he not just take the compensation offered and then continue? What would be the negatives? (Not that I know anything).

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Possibly......the problem is your not looking for a cash settlement to the value of your claim...but a compensatory award at the discretion of the court.

The problem is you submitted a money claim part 7 with a total amount settlement.....really it should have been a part 8 claim with no monetary value but to be decided by the court..IE Compensation. 

 

So if you proceed and win you will only get what you requested by way of the part 7 claim......if you add your court fees to the £125..and they agree your no worse off.

The court will not give judgment for what your hoping to achieve....only the amount you requested.

 

Andy


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Yeah, I was using the template previously used in other successful Barclays SAR cases (eh Shelly). The monetary compensation is not that important to me the key thing is to get them to provide the data which is also requested in the POC.

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It's peculiar that the court case is against Barclays, yet this is a letter from the same lady at Barclaycard customer services and it almost reads like a continuation of the complaint. I'll scan it and add it here with the sensitive bits redacted.

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Please do then we can refer


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" yeah, I was using the template previously used in other successful Barclays SAR cases (eh Shelly). The monetary compensation is not that important to me the key thing is to get them to provide the data which is also requested in the POC. "

 

Yes I am aware not ideal because Shelleys was a part 7 for a monetary claim...but even if you proceed and the court order the disclosure...and they can/cant comply...what then ?

Watch out for offers made in full and final settlement...because if they did disclose the data they will know your coming back for more...and once you F&FS you cant go back again.


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It's odd in that I would have expected a letter from the Barclays legal team, not the Barclaycard Customer Service team. Also the coincidence about the amount £100 (amount I am claiming) plus £25 (the court fee).

 

 

IMG_0225.jpg

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Looking back over the letter's I have sent to BC customer services. The last letter was the one based around @BankFodder's template requesting a certificate of destruction. They replied that they didn't need to send one. Since then I issued the POC for the SAR. I suspect the legal team have prompted them to expand on their last letter and offer the 'goodwill'.

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Im sure the Legal team are pulling the strings though......


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Well that letter is tantamount to and admission the they have reached the data protection rules


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Ugh I need that data. I know there are a significant amount of charges there. I had asked them previously for the data and they said that they no longer had the account numbers, but if I did supply the account numbers they could access the data on microfiche. I gave up as I didn't have the account numbers. Then last year in my GDPR request the account numbers were all there on their client summary sheet..... they had them all along.

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Onwards and upwards it is then.....now you can disclose the above letter as your evidence. 


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I've lost track of the close detail of this story and I'll have another look tomorrow comma however you could always think about withdrawing this claim, sending them another asar and then beginning another claims when they breach that one.

you can be sure that second time round they will have no doubt but that you are serious.

Also, having done it once before,  you will have extra confidence in what you are doing.

 

Of course and @Andyorch is right about bringing a part 8 action rather than a part 7 but on the other hand a part 7 is much easier and it shows that you are prepared to be litigious and in a case like a breached sar, if you simply keep on beginning another action and then another action every time they breach the sar, eventually they going to have to think about it very much more seriously


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My opinion, for what it's worth, is that this offer is the BC Cust'r Services response to a complaint and perhaps NOT the legal team's response to the court claim that's been filed.

 

What's the date by which Barclays t/a BC have to defend after acknowledging the claim.


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Yeah I also have that feeling. But... too many coincidences with the amount offered and the line “I hear you’re going to court etc”

 

 

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I asked above the date by which BC have to Defend please ?


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Sorry. They asked for a 2 week extension. They have till the 13th of May. 

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I think the 2 issues - BC's response offering compensation - and the court claim - are not directly connected but I will defer to Andyorch's greater experience.

 

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I just got a letter from Barclays Solicitors. They say that the letter above is goodwill and if I don’t accept the offer they will file a defence and pursue me for costs. 

69265746-BF70-4DBB-B447-FCE835115C13.png

Edited by tnook
Added letter

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Interesting that the solicitor says the data will be with me shortly and yet Barclays restated in their letter they don’t have it.....

  • Confused 1

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If this is in the Small Claims track they can pursue all they like, they wont get any.

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Should I write back and state I will discontinue once I have the data?

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No reason to give them any good news just yet. I'd just let them stew until you have the data and you are happy with it.

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I would respond and state that on receipt of the missing data you will happily oblige and discontinue the claim...please confirm when your client will be able to disclose all requested data.

 

You have to be careful heer because in theory they have offered the value of the claim and we get back into the realms of Part 7 verses Part 8 claims.

 

Andy


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Yes this worries me that they have a way out now and I’ll not get the data. 

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