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    • organised criminal gangs pull all kinds of stunts......
    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
    • It's unlikely you will be able to stop them – but you should certainly be building up a paper trail of messages to Barclays informing them of their data breach and that they should stop. Do the emails give you any indication as to who the person is? Is there sufficient information for you to contact that person directly? Also I think I would contact the ICO   Incidentally, if you manage to reach Barclays about this then the best way to attract their attention is to tell them that this is the beginning of a formal complaint which you are taking to the financial ombudsman service. Tell them that you want a complaint reference number and they have eight weeks to respond before you go to the FOS. Tell them also that even if they put an end to the emails and address the problem, you still want to go to the FOS and to the ICO although you may be prepared to reconsider if they offer you reasonable compensation for the inconvenience to which you have been put. I suggest £50. Start the bidding at £75.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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What's the current procedure for credit card claims?


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I'll begin by asking for claims against credit card charges

(you'll recall that these are the ones that the OFT did not manage to foul-up).

 

I've been trying to assist a number of people to recover such unlawful charges

but I note that card companies are increasingly trying to adhere to their 'belief' that their charges are "wholly justified and fair".

 

I used to just complete an N1 as per 'Small Claims Procedure:

 

A practical guide' - Yes I did purchase one as recommended by this site!

 

I know of no credit card company that has endeavoured to defend its charges or practices in a court of law.

I do NOT do this as a business and the folk I've helped in the past would have no chance of a cash refund

(the only time someone did receive a cheque we did donate to help CAG) owing to the residual size of out standing balances.

 

I gather we now send our draft N1s to a central clearing house in Manchester

but I' ve no idea whether we just send a cheque for the likely fees

or what the likely time-line of events will be.

 

Furthermore I would ask whether anyone more knowing than me

(not difficult) would recommend the use of the 'money claim' system

 

- if it still exists-

 

and where can I obtain guidance on that?

 

Help please.

 

PS any news on reclaiming of bank charges for other than hardship

- any news on those assisted by our friends in Scotland who managed to 'persuade' the banks to settle before being 'gagged'?

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  • 2 weeks later...

Hi Kenny,

 

The practice of reclaiming credit card, catalogue and bank loan charges is ongoing.

 

Form N1 can be sent to CCMCC Salford and this gives you the space needed for a decent sized POC.

 

How the various banks deal with such claims varies, as does the manner in which judges dispose of such cases, should they go as far as a final hearing.

 

Barclaycard cases continue to be successful as Barclays Litigation avoid court hearings. However, other banks may defend all the way, in which case it's down to the judge lottery at a final hearing.

 

Good research and preparation is, as always, the best chance of success.

 

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Slick,

VERY many thanks for your input all I would ask is perhaps some elaboration on the following

but I' ve no idea whether we just send a cheque for the likely fees or what the likely time-line of events will be. Furthermore I would ask whether anyone more

knowing than me (not difficult) would recommend the use of the 'money claim'

system - if it still exists- and where can I obtain guidance on that?

I realise there are more than a few variations from bank to bank but will, in general, use the time honoured 'unlawful' arguments since these were not affected by the supreme court decision.

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Hi Kenny,

 

What credit card is this for.

 

Have you sent out your Prelim Claim letter and your LBA yet ?

 

Once you have quantified your claim (and interest), you'll know how much you have to pay for the initial issue of the court claim.

 

When you send the claim to CCMCC at Salford, I think they'll issue the claim within about 14 days. The bank then has just over 30 days to acknowledge and defend.

 

Thereafter, the case is transferred to your local court and Directions Questionnaires issued.

 

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Once again Slick very many thanks for your perseverance. The bank is Barclays and, yes, I've done the lba bit and the 'how much' isn't a problem. I was just curious on making a money claim, which I know many did a few years back but I never have.

Ken

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Hi Kenny,

 

Are you saying this is in fact a Barclaycard a/c.

 

If so, we should be able to help you achieve a good result including compound restitutionary interest if you're prepared to take court action.

 

Even though you've not made such a claim before, there are good examples of successful claims in the BC forum and the Barclays **Successes** forum. Everything you need should be there and we'll be on hand to assist when needed.

 

:-)

 

:-)

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Thanks Slick,

Yes it's a BC account and in the past they've 'rolled over'. Whether they've newer 'fired up' staff I don't know. I am confident that I can beat them I just wanted to avoid the AQ side of things and, having wasted a couple of trees worth of paper on court bundles in the past, I just thought I could do without that for a couple of hundred quid BUT wot the hell......

Ken

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Hi Kenny,

 

With BC, there's just no telling whether they'll settle before you have to File and Serve court bundle, or not. You'll certainly have to get to the (new type) Directions Questionnaire.

 

All I can say is that, in the vast majority of cases I've helped with over the past three years, BC have paid out on charges plus pretty much the full amount demanded for compound restitutionary interest at 24.9%.

 

:-)

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