Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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

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


tnook
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1579 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

as they did with the old SAR system too..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

no such thing

 

do you mean the sheets to calculate the interest charged on penalty charges?

 

cisheet

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes that the one. Thanks!!

 

Do you think I should try claim contractual interest? Have there been any successes?

 

I just used the spreadsheet and compared the Statutory 8% vs Contractual 19.9% on a single £25 charge from July 1998. The difference is staggering.

 

For 8% = £91.87

 

For 19.9% = £924.18

Link to post
Share on other sites

there have been successes yes

see the shelley threads and martin2006 threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Been reading the Shelley threads. Wow, mind blown. You guys are a great help.

 

Was interested in the amount of interest to apply for restitution. Slick you mention 29.9% as good number. Crumbs if I apply that then a single £25 charge from 1998 will attract compound interest of £ 4,678.68. I expect I have about 30 to 40 of these charges, so the total claim could be over £150,000. This will no doubt attract a lot of resistance from BC. Plus won’t it put me out side the small claims track?

 

I’m willing to give it a go if you can guide me.

Link to post
Share on other sites

Hi Tnook,

 

Get the necessary data first, then enter it on the Spreadsheet and let us know what the figures look like.

 

I've always preferred the rate of 24.9% despite what has been claimed in the past. Also, we must bear in mind that the likes of yourself, Shelley, Kate999, etc won their claims years ago and cases since then have been defended.

 

I've just seen you went through the reclaim process and won some 8 years back - it may be different now and I'll look for more recent cases as examples. Old thread is here - https://www.consumeractiongroup.co.uk/forum/showthread.php?257056-Claiming-BC-charges-over-6-years-**CHARGES-REPAID-with-CONTRACTUAL-INT-T**

 

Also, anything reclaimed over £10K carries greater risks :-

 

1. The case may be more vigorously defended by a bank who cares nothing about the legal costs they incur.

 

2. The risk of costs going against you are greater with cases NOT heard on the Small Claims track of the County Court system.

 

3. The costs involved increase significantly on Fast and Multi Track claims.

 

I'll come back with links to more recent cases later .............

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

If they refuse to release data because it's on Microfiche, you can complain to the ICO or you could take direct court action seeking nominal damages for failure to comply with the SAR. I assume you will now complain at their failure to disclose the data re charges on your B a/c.

 

This was a case from earlier this year - https://www.consumeractiongroup.co.uk/forum/showthread.php?460786-Barclaycard-Charges-Reclaim-and-now-Default-Removal&p=5097754&viewfull=1#post5097754

 

It starts part-way through the claim but you should take time to read it right through.

 

On reflection, Johnhn should perhaps have accepted the offer and not continued the claim JUST to have the default removed. The change of judges may also have played a part in the case being lost but that's always a risk.

 

Get the data and read through the whole of Johnhn's thread.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Just read Johnhn's tread. Feel really bad for him and annoyed that a judge who is ignorant of the regulations and law can just do that.

 

The lessons I am taking from this are firstly I'll be sensible about settling if it's the right thing to do. Secondly learn everything about how credit card charges are not covered by the OFT vs Nationwide case, so that I can argue it strongly in court if needed.

 

Are there anymore recent examples of BC successfully defending claims?

Link to post
Share on other sites

Hi TN,

 

I can't recall any other recent threads (in the last 5 years) where BC successfully defended.

 

I've just moved a couple more threads into the Barclays Successes forum - cases (probably) won by HPMum and Martin2006 but can't say for sure due to confidentiality clauses.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Time limitations.

 

I know we tend to rely on Kleinworth to overcome the 6 years limitation, but I was reading there is a 3, 6 and 15 year limitation which the banks will use to get cases dismissed. See links below from the MSE forum and practical law site.

 

Is this a problem for older claims?

 

https://forums.moneysavingexpert.com/showthread.php?t=571302&page=156#topofpage

 

https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Defaul++t)&firstPage=true&bhcp=1&comp=pluk

Link to post
Share on other sites

we've never seen Barclays try that they know diff

as for MSE

I wouldnt believe anything that's written there...

 

practical law...well but the fact is here its WHEN YOU REALISED not any other time.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

It's been 3-4 weeks now and no reply from BC. I asked for the statements for the accounts but nothing, not even an acknowledgement. I guess this is standard. What's the next step go to the Information Commissioner or just straight to court?

Link to post
Share on other sites

give em a ring

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Spoke to a lady who was nice but had no idea what was going on.

She checked the records and said they send a letter early July.

 

This was the original incomplete set of data.

No mention of my letter from mid July requesting they complete the request with the specific Visa and MasterCard information.

 

The lady said shel'll give me a call sometime next week if she hears back from the relevant department.

 

I don't feel super confident they will comply.

Link to post
Share on other sites

Ok called again, they haven't a clue.

 

I have now sent them my LBA giving them a week to get the statements to me.

 

In the meantime I have reported the breach to the information commissioner but I won't hold my breath on them doing anything useful.

Link to post
Share on other sites

What address have you used to write to Barclays again.

 

Did you use a letter from our Library - https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Ok have reached the end of the road with asking Barclays nicely for the statements/data.

 

Call centre is adamant they only have 6 years of data. Letter back from Barclays saying they have already complied with the GDPR request and won’t process it again. However Iif I want to supply additional information they may look again. All the information was in my previous letters.o

 

Time to escalate it in the courts. I’ll start drafting my claim form tonight, can someone check it before I submit it?

Link to post
Share on other sites

Can you answer the 2 Q's in my post above.

 

Have you followed Pre Action Protocol ? You'd be unwise to fire off a claim without going through the right pre-court action warnings.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

This was my LBA letter:

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

NN4 7SG

 

 

Dear Sir/Madam,

 

LETTER BEFORE ACTION

 

ACCOUNT /REF NUMBERS

 

Barclaycard Mastercard XXXXXXXXXX

Barclaycard Visa XXXXXXXXXX

 

I have made several requests now for transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. I have also stated, a complete set of statements for that period will be acceptable.

 

You continue to ignore my requests, even though you have confirmed in writing that you have the data. For convenience I have enclosed copies of my requests.

 

I have now filed a complaint with the Information Commissioner about your statutory breach.

 

If I do not not receive the data I have requested within the next 7 days I will proceed with legal action in the county courts and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

tnook

 

I've been sending the letters to:

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

 

They're written back, so the address seems to work. Used the GDPR template from the library to kick off the process then wrote 2 more letters chasing them.

NN4 7SG

 

First letter chasing them after BC send an incomplete set of data:

 

 

Barclaycard

Customer Relations Dept.

1234 Pavillion Drive

Northampton

NN4 7SG

 

 

Dear Sir/Madam

 

URGENT: INCOMPLETE GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

 

ACCOUNT /REF NUMBERS

 

Barclaycard Mastercard XXXXXXXXXXX

Barclaycard Visa XXXXXXXXXXX

 

Thank-you for the partial completion of my GDPR request. I had specifically asked for all transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. Alternatively, a complete set of statements for that period will be acceptable.

 

You have previously confirmed in writing that you have the relevant data and can access it, but needed the account numbers which you claimed you didn’t have.

The data bundle you sent back to me yesterday clearly shows the account and card numbers. I can’t understand why you didn’t complete a previous SAR when you clearly had the account numbers.

 

Please now complete the data access request for the above accounts within the 7 days remaining of the original request.

 

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

 

This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

 

tnook

Link to post
Share on other sites

Excellent.

 

So next step is to prepare the claim.

 

What POC are you going to use - I'll seek advice to ensure your proposed action takes account of the 2018 GDPR.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...