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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Barclays - No Reply


laura2006
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I hope someone can give me a little advice, I wrote to Barclays requesting that they give me the money, they said no but offered me a goodwille gesture, I refused to settle and asked for the money and they wouldn't budge. I went to MCOL and put a claim to Barclays for my money back, it is due to expire on Thursday 26th October. I have not heard a thing from them. Is this normal? :confused:

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I hope someone can give me a little advice, I wrote to Barclays requesting that they give me the money, they said no but offered me a goodwille gesture, I refused to settle and asked for the money and they wouldn't budge. I went to MCOL and put a claim to Barclays for my money back which they Acknowledged the claim on 28th September 2006, it is due to expire on Thursday 26th October. I have not heard a thing from them. Is this normal? :confused: xx

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HI Laura

I think that if you check the day after they should have filed a defence MCOL may say that you have won your case ;) .

But on a cautionary note its not unusal for Barclays to leave it till the last min to put forward a defence, they may even contact you to come to a settlement agreement. Dont panic if you have done everything in the correct order i would be sitting where you are now with a big smile on my face:grin: but all my fingers crossed.

Read more woolwich/barclay threads in that forum

 

By the way this thread should be in the Woolwich/Barclays forum anyway not the genral forum, just pm a moderator to move it, you will also get more replies.

AL

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Please could someone give me a little advice. I have just spoke to MCOL to find out what was going on with my claim. Barclays had acknowledge my claim on 28th Sept and were given 28 days to respond. It is due to run out tomorrow so thought I would give them a ring today. I called them and they advised that Barclays had contacted them and have requested the case be struck out by the district judge and if they do not do that, they have put in a defence.

 

Does anyone know if this is normal. I have not heard a thing from the Bank or the courts apart from when I rang today. Starting to worry a little about it all.:confused:

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Please could someone give me a little advice. I have just spoke to MCOL to find out what was going on with my claim. Barclays had acknowledge my claim on 28th Sept and were given 28 days to respond. It is due to run out tomorrow so thought I would give them a ring today. I called them and they advised that Barclays had contacted them and have requested the case be struck out by the district judge and if they do not do that, they have put in a defence.

 

Does anyone know if this is normal. I have not heard a thing from the Bank or the courts apart from when I rang today. Starting to worry a little about it all:confused:

 

What reason did they give to try and have the claim struck out?

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Apparently they have said that the reasons I gave for putting the claim through were not sufficient, they didn't agree with what I put apparently. I didn't put anything out of line just the facts of what is owed and how it came about. That was all the MCOL told me?

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Apparently they have said that the reasons I gave for putting the claim through were not sufficient, they didn't agree with what I put apparently. I didn't put anything out of line just the facts of what is owed and how it came about. That was all the MCOL told me?

 

Please tell me you used the template from the library.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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:xAs far as I was previously aware I didn't know there was a template one for the on-line claim - I have just seen it. I'm stuffed aren't I?! I put the details of the start and end of the period of charge and the details of the account and interest but that was it. I can't belive it. Is it just really a wait and see? If they do get their way can I try again for it? I am really kicking myself now! :o

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:xAs far as I was previously aware I didn't know there was a template one for the on-line claim - I have just seen it. I'm stuffed aren't I?! I put the details of the start and end of the period of charge and the details of the account and interest but that was it. I can't belive it. Is it just really a wait and see? If they do get their way can I try again for it? I am really kicking myself now! :o

 

 

Ok please post what you put in the POC.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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You need to go to court and do the following asap.

 

Go down to your local court if you can do that I would do it. Explain that you wish to make an ammendment to your claim.You will be given a form to fill an and submit n244 on this you should add the correct claims particulars.

There fee is £35.00 which you must pay to have the amendments made.

You will then have to wait for the amendments to take effect before the case can progress.

 

 

This is the information to put please Change to suit.

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Are you trying to claim back beyond six years?

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Your timings in post #04 don't add up. Add 33 days to the day you filed and that gives the date by which Barclays should have defended. What date would that be?

 

You should have sent a copy of your schedule including the 8% interest to both Bank and MCOL.

 

It seems that MCOL have still got your file so don't know whether contacting your local court is any good at present as it hasn't yet been transferred.

 

I think that you are well beyond the date by which Barclays should have defended so I think another phone call to MCOL asking for the exact state of play as it stands is your next step.

You need to ask them what steps you need to take in order to prevent the Bank getting what they're asking the judge for.

 

Ask if by just sending the full schedule to MCOL and the Bank will get them off your back? If so, print out the full schedule, get to a fax machine and fax it to both of them (if fax is acceptable to the court), so that they get it tomorrow. On top of each schedule put the Banks reference number to the one you send them (which is quoted in their letters to you) and the MCOL Claim reference number on the one you fax them.

 

Obviously, get the respective fax numbers before you set off.

 

Good Luck

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

 

Welshman

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  • 3 weeks later...

I have received a letter from the court advising that Barclays have made an application to strike out my claim and that I have until the 30th of november to supply further information to the court (silly me didn't send the spreadsheet details!!) does anyone know of a template that is used when sending the further information through to the court? Has anyone been in this situation?

 

Thanks!!

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Hi,

Dont think you need a template. Just send a covering letter stating that you are replying in response to the courts request for further information. Attach your complete schedule of charges and quote your claim number. Probably advisable to send a copy to barclays solicitors aswell.

Is it just the spreadsheet that is missing or is there any other info that they require???? i.e what exactly did it say in the letter from the court

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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It was just that and they also wanted a copy of my bank statements to proove the money was paid and that is it. I haven't got it on me but I don't remember the being anything else on there. I will send a copy to the bank as well!

 

Thank you for your help!

 

Just hope it all works out!

 

Laura ;)

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Hi,

 

I received a letter from the court which states that I have to provide the court with three points. 1 scedule of charges - which I have, copies of any statements - I have these tw so they aren't the problem its the 3rd one. I'll write it below.

 

c)A statement of his evidence, if such is to be relied upon as tending to show that the alledged charges have been made, or that they are irrecoverable as penalties or otherwise.

 

Would anyone be able to let me know what I can do for this one!? I am very unsure and don't want to send off all my information without knowing!

 

I would appreciate anyones input! Thank you!!:)

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Hi, at what point did Barclays apply for a strike out of court??

 

What was their grounds for this??

 

They just seem to be changing their tactics all the time, trying to find a way to put people off and hopefully find a way of getting off with breaking the law for years...

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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It was after I issued the claim on MCOL, It was due to lack of information I believe, I missed a few details out on my particulars of claim and they used this as their excuse to try and get the claim struck out. I only found this out my calling Money Claim OnLine, it doesn't say any of this on the letter they sent to me.

 

I just want to make sure I do this one is right when I send it off and don't want to miss anything out! Just not sure about the last one! I am sending the letter I sent to the court to barclays also and am going to hope that they pay out from this! With my luck though they will probably take it further!! :confused:

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Hello,

I too made the massive error of not researching the correct response to the "particulars of Claim".:mad:

 

I have a court date at Cardiff CC for the 22nd of December - Barclays have submitted a defence and one of the particulars is a request for my claim to be struck out on this basis. Am I correct in thinking that if they thought it would be struck out then they wouldn't have lodged a defence?:confused:

 

Do you think I should make an ammendment also? Has this happened to anyone else?

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Firstly Mummy, if you want us to help you, it would help us greatly iof you'd post your question in your own thread. In answer to your question though,

 

Are you sure that you are in Court on the 22nd of December? There are a large number of cases being heard on the 21st at Cardiff (including mine) for a Directions Hearing.

 

As for them submitting a defence, there is a time limit in which they have to defend as you know so they are doing the proper thing. Can you explain on what grounds they are requesting your claim to be struck out?

 

Can you tell me what your Particulars of Claim was please?

 

Reply in your thread, Thanks

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

 

Welshman

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