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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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tnook

Very Old Barclaycard Charges

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as they did with the old SAR system too..


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Single Premium PPI Q&A Read Here

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Will persevere. A bunch for charges from 1998, when I was single and carefree should add up to a nice claim :)

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Does anyone know where the credit card interest calculator spreadsheets are? The links in the library are broken.

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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


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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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

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there have been successes yes

see the shelley threads and martin2006 threads


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Will have a look thanks. I think I have about 30-40 charges from back then. Late payment and over limit on two cards. Could get interesting.

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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.

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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 .............

 

:-)


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Thanks Slick, appreciate the help. First battle is getting the old statements.

 

I know how precious they are about their microfiche system. :lol:

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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.

 

:-)


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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?

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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.

 

:-)


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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

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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?

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give em a ring


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.

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Ok called again, they haven't a clue. So 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.

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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

 

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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?

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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.

 

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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

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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

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