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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 service of 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;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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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.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      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!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

debit card chargeback request 86 days later

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Hi guys im really not happy here is the story so far...


On the 27th sept 2013 i placed a chargeback request with barclays for 4 transactions.

As the products/services were not received and after discussing with the merchant my dispute i was given the run around.


I was told by barclays they would have to investigate the matter as the amount was considerable (just shy of 7k) and it could take up to 45 days.

I posted a statement and supporting evidence to barclays within the time limit they requested and allowed them the time they said they would need.


37 days later i received a letter saying that they have requested evidence from the merchant and have to allow them 45 days to respond,

again not happy but allowed them the 45 days.


On the 46th day having received no response i called the disputes team and was passed from one person to another and was on the phone for hours,

ending with i would have to wait another 14 days as they were still waiting for the merchant to respond.


I then spoke to a solicitor friend who said to ring back and complain as they are out of time following the 45 days,


the next day i contacted the barclays again to my surprise given the run around through different departments

and different people which ended in me making a complaint and i was told someone would call me back before close of business.


The next day after receiving no call back i again rang barclays to again be put on hold and transfered to lots of different departments,

again after bieng on the phone hours i was told that they would email the chargeback team who would call me with an update

but as of yet they can confirm no response has been made by the merchant.


The next day again having no call back same as above happened.

I the meantime my company is in desperate need of this chargeback money and in dire straights.


Again having received no response from yet again another call back request i called barclays,

this time bieng put through to a complaints manager


I explained the situation and asked him to read the notepads on my account

sympathetically he said he would email the dispute team as urgent and leave a message to contact me with my business manager.

Who would call me within 3 hours...lo and behold no phonecall so


i called back, same ritual, passed from pillar to post by many staff members,

hours later told given the time of night nothing could be done and call back the next day.


Next day same again run around like an idiot to be told the chargeback team have just had a response from merchants as we spoke

and that they have sent out the response which i should reply to if i wasnt happy.


Given the timescale and being so close go christmas i asked them go fax the response to me

and was told because of the nature of its content i woukd have to go to a local branch to get the fax,


i went to my local branch called them with the fax number and was faxed a letter 1 page saying please see enclosed, no enclosed pages.


I then called them again after spending half an hour on hold was told they could not fax the attached evidence

as it was confidential but they have posted it in ghe christmas post and there was nothing more they could do until i responded.


Luckily 18 dec received the documents which said the merchant was not offering the service i paid

but it only offered the service of transfering money??

So the chargeback was invalid,


i called barclays again spent hours getting passed from one department to another to be told any response had to be put in writing,


i typed up my response which was simply similar transaction to that of paypal so chargeback was valid etc etc with additional evidence.


Went fo local branch and asked them to fax it direct to dispute team.


After a couple of hours i called to be told my response was not on the system and i would have to call back after christmas.

Today i called after bieng pushed around the departments was told i had to wait 7 to 10 days for them to respond to my response,

i told them it had now been 87 days since i made the request given the time of year this would not be resolved ungil after new year and i wanted it sorting asap.

. to be passed on to yet another department.


Again explaining the situation i was told that they are sorry and sypathise but the chargeback team who authorise a chargeback can onlg be reached by email internally,

and after the guy had spoken to his manager recomended i go to a branch and request a temporary overdraft so things were not so desperate.


After confirming the branch in town had business managers who would help

i drove to the branch was made to wait for 45 mins fo be told all the business team were on holiday

and that an overdraft should be done on the phone.


I left and contacted barclays again, was cut off twice after bieng on hold for 30 mins to finally get through 3rd time lucky.


After asking them to read the now novel on my notepads

i was told the only thing the advisor coukd do was contact my business manager

to call me within 3hrs to arrange the overdraft as she was the only one authorised to do so.


Waited 4 hours no call back.

Contacted barclays again to be put on hold again and transferred again to be told due to the time of year

and the time of night i would have to wait until my business manager was back off holiday

as she hasnt contacted me she must be on holiday..


. so here i am 87 days after making a chargeback request spending over 100 pounds on mobile phonecalls to barclays

to speak to every department who tell me they are not authorised to do anything

but email and call other departments still waiting for someone to call me back

and knowing all of barclays hold songs by heart to the point at night i hear it over and over again in my head.


Any advice would be much appreciated as at this time im that frustrated

i feel like driving to the card disputed team address

i coventry and parking my car i thier bloody office and saying transfer that

to the next department that couldnt care less and who dont have authorisation..


.im at witts end for the sake of barclays someone please point me in the right direction.


Many thanks

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Your main problem is that you have dealt with this on the telephone. You should now be making a Formal Complaint in writing to their head office. Give them say 14 days to resolve the issue (although the regulators allow them 8 weeks). After which time, you might want to consider escalating your complaint to the Financial Ombudsman or issuing a claim against them.


You should make them aware this is a Complaint and head your letter as such. Send the letter by a tracked method, recorded or special delivery.

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Did they record the call? Did you record the call? If the answer is No or Don't know then what proof have you that they registered the complaint hence the reason we say In Writing and proof it was signed for. that way they cannot deny anything.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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chargeback is not something they should be 'holding up'

it is instant and they should investigate AFTERWARDS!!



seek compensation and interest for the loss of that money.



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... 

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post 2



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... 

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Hi Ims,


As said above, your problem is that this has all been dealt with by phone so far. This pretty much counts for nothing and you need to start from scratch.


Make a brief list of what you have said in your first post, showing date and what was said in each tel con. Do it as a separate list - putting it all down like you did above makes it too long.


If you cannot recall exact date or content, list it as best you can. Send this to Barclays marked as a FORMAL COMPLAINT to the complaint manager you spoke to.


Re DX's post #6 above, to my knowledge, Barclays would only have to refund immediately if this was a suspected fraud or unauthorised transaction. If the matter is a disputed transaction, the bank has the right to investigate before deciding to refund or not. They do this by communicating with the merchant's bank to exchange info and decide if a chargeback is required.


Barclays may not be so keen as you to see a chargeback, so don't expect them to refund just because you want them to.


We could probably advise better if you gave us more info about the nature of the transactions and your dispute.



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