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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Kj01 V Barclays !!


kj01
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Hi Everyone

 

I have just found out about this site and its amazing !!! Will definately be passing on the knowledge !

 

Today I have just put in 2 claims with Barclays and Barclaycard... Ive had a good read and get the feeling they like to fob us all off !!

 

Wish me luck, its ok to say they can debit my account with £10 for the statements isnt it?

 

:oops:

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Hi Everyone

 

I have just found out about this site and its amazing !!! Will definately be passing on the knowledge !

 

Today I have just put in 2 claims with Barclays and Barclaycard... Ive had a good read and get the feeling they like to fob us all off !!

 

Wish me luck, its ok to say they can debit my account with £10 for the statements isnt it?

 

:oops:

 

Yes and good luck:D

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  • 2 weeks later...

Right

 

Im now at the 2nd stage of my claim with Barclays. They have responded quickly however only given me my statements from May 04 - cheeky or what !!

 

Im just about to send my 2nd letter asking them to provide what i actually asked for which is the info when my account was opened in the 1990's

 

Wish me luck and will keep you all updated (if i can finds this thread again as i have no idea how to relocate this) :smile:

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Hi

 

Yes I used that letter but I didnt include the fee at all, just to see if they wouldnt ask for it, and then a few days later they provided me with everything from when i opened the account and didnt mention a fee at all...

 

Im just totalling my fees now and then sending the next letter today!! :smile:

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Hi

 

I have received my bank statements and have gone though all my charges... quite alot of money is due back to me !!! Can I just ask does anyone know if the charge for me writing a cheque that they had to clear counts to claim back off them? It was £20 each time which eventually went up to £30 per cheque?? If anyone has an idea please let me know

 

Thanks

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  • 2 weeks later...

ok well I have an update. I made claims on both Barclays and Barclaycard.

 

Barclaycard have now got back to me and have offered me half , this is based on them only charging me £12 instead of the higher amount of £20. They also suggested that the charges are fair and are always advised on the reverse of each statement!! The cheek !!

 

I have now written a letter back accepting the offer as only partial repayment and that i will continue to claim the remainder and are quite prepared to go to court if necessary !!

 

Im yet to hear from Barclays, it will be 14 days since i sent it on 10/11/06. Does anyone have an idea what my next step would be with Barclays? Shall I leave it a bit longer and then send them a chaser letter? Help would be appreciated if anyone knows?

 

kj01

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ok

 

Now I have a reply from barclaycard saying they are not willing to refund any more monies and that they think the charge of £12 instead of the higher amount is fair etc...

 

What do i do now????? Any ideas anyone, i need to get back to them within 8 weeks or they wil lclose their complaint file.

 

Help very much appreciated here

 

KJ01:oops:

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Hi again, I would ignore them & their 8 weeks to reply & get your claim to the court submitted as soon as possible.

All their trying to do is delay giving you the full amount & hoping you need the partial refund for Christmas.

 

All the best & remember you are in the right.

:!:
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ok

 

Another letter arrived today to state they have noted my comments but are unwilling to refund me anymore. I can phone to discuss this with the person in charge of my case if i want.

 

I think its time to start the proceedings... i bought the 'small claims' pack as advertised on this website so will open tonight and get the ball rolling.

 

If theres anything else anyone thinks i should do please let me know

 

Will keep you all posted, advice and comments appreciated

 

KJ01:p

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ok

 

Finally a response from Barclays. They are offering me £1,000 in settlement with a form to sign and return in agreement. I am claiming for £2,400.

 

Shall I accept this as a partial payment but inform them that i will continue to claim the remainder or shall I decline this??

 

Advice please....

 

KJ01:oops:

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Hi everyone,

 

I recently sent a letter to Barclays accepting their offer as partial payment and that I will continue to claim the remainder. Amount of £1,000 although im claiming over £2,000

 

Has anyone else done this and Barclays have still credited your account even though you advised you will be claiming the remainder? I just wondered if they will still give me the partial offer even though ive said im going to continue to get all my money back.

 

I guess they could get nasty and refuse to give me anything and let me continue with the court proceedings.

 

Anyone had this?

 

KJ01:smile:

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If you read any thread on this forum, you will see that no-one has had the offer figure credited to their account as soon as they say that they were pusuing the remainder through the courts.

 

The offer is, in their words, FULL and FINAL settlement. It's take it or leave it, all or nothing. It's a package deal.

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

 

Welshman

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