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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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BC penalty charges probably **WON** with compound interest**


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I had every intention of going through the data supplied from the SAR and sending letters to BC last week, but my wife was then taken into hospital and I've been up to my neck looking after her since :(

 

Here's where we are. A while back we contacted Barclaycard about these accounts. They sent a standard letter saying their £12 charge was fair. Lo and behold, the copy Monument statements from 2004/5/6 show charges of £20 a time :) So, we want to reclaim those and I've done a spreadsheet of the 13 payments made, £260 total, and interest at 24.35% works out at £1,440.89 as at today's date :D

 

They did not supply any statements at all for the earlier Providian card. We've no idea if any charges were made, but suspect they were. Do we now contact them again and ask them to comply with the SAR properly or something ?

 

Next, we want to tackle them about the lack of data supplied. We didn't get anything to tell us if there was PPI on the card accounts, although we think there was. All we got was a copy of a 'Reply Card' that was completed and signed by my wife, it was her card.

 

I guess we have to complete a FOS questionnaire for each card and send it off to see what they say ? Thankfully, we have the card numbers are reference and they have confirmed, by way of the SAR, that the accounts existed.

 

I keep telling myself it will all be worth the hassle and stress this is causing...

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Hi Hillards,

 

I've moved your post to the BC forum as it deals mainly with BC penalty chgs, as opposed to PPI.

 

BC are only likely to provide data going back 6 years unless you take court action seeking older data.

 

If this older data was held by Egg, Monument or another pre- Barclaycard company, it may be necessary to contact them if they still have an admin address.

 

You need to get as much of the older data as you can, before making your formal claim for refund of chgs and compound interest. When BC refuse to pay, or they offer to refund some lesser amount, that's when you take court action against Barclays Bank PLC.

 

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You need to get as much of the older data as you can

The big question is - how? Neither Monument and Providian seem to have a current admin address, I've been redirected to BC for both.

 

My thought is to simply write to them, probably in response to an earlier letter the sent to say their £12 charges were fair and pointing out that we're looking to reclaim charges of £20 at a time. We know of 13 of these, as shown on copy statements. Are they duty bound to own up to the rest (if there are any) now we've got some proof ? In effect, it's putting them on trust to go back over both accounts and tell us what charges were made and make us an offer. I don't think we have a way of obtaining access to their computer records otherwise.

 

What do we claim ? I've read a few threads and some just claim the fee plus 8% yet others claim the fee plus "interest in restitution", which has a much higher rate. In our case I have used the rate they show on an old statement of "Cash Interest at 1.833% per month" which works out at 24.35% APR.

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I've seen many successful BC claims using compound restitutionary interest at a nominal 24.9%.

 

You should reclaim the full amount of every penalty charge including the later £12 ones.

 

If you already have data going back to 2004, I'm doubtful you will get BC to produce anything older than that, TBH.

 

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You should reclaim the full amount of every penalty charge including the later £12 ones.

The account was paid off in 2006, so no £12 charges, they were all £20.

 

I've changed the spreadsheet to 24.9% - that added another £66 to the total :)

 

I think we have to accept that we'll not get data willingly, I'll try writing to them first and see what they come back with. If they say they don't have any record then there isn't a lot we can do, we will just have to claim what we know about, which is still a worthwhile sum at £1,766 :)

 

Thanks for the info

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Hi Hillards,

 

From what you say, I would concentrate on reclaiming based on the data you have. Seeking older data using court action to force disclosure may not succeed, especially when BC can say they never held the older a/c data.

 

As all of the chgs you want back are older than 6 years, you will have to mention s.32(1)© Limitation Act 1980 in your POC. You will also have to refer to Kleinwort Benson v Lincoln City Council in your court bundle.

 

Re restitutionary int't, you can refer to Sempra Metals v Inland Revenue Commissioners in your POC and your court bundle.

 

See example cases in the Barclays *Won* Forum. Look for BC cases that refer to *WON with compound int't*.

 

:-)

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  • 1 month later...
  • 2 weeks later...

Still no response so starting to fill in the N1 claim for the courts. A little bit lost on what to do with this when completed, there is a schedule of costs to attach. My local court no longer have a counter open to the public and I'm not finding any guide as to what to do next ?

 

My thoughts were that this is a money claim so could be done on-line ? I need to get my wife signed up for this as it's in her name, I guess the paper N1 is no good if we do this ?

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Hi Hillards,

 

Best to start the claim via CCMCC at Salford instead of using MCOL. You're not limited for space for your PoC's doing it this way.

 

Info about this is online on the courts website.

 

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Hi Hillards,

 

Best to start the claim via CCMCC at Salford instead of using MCOL. You're not limited for space for your PoC's doing it this way.

 

Info about this is online on the courts website.

 

:-)

Thanks Slick,

 

It would have taken time getting the wife registered as she does not have a Gateway ID. :-) I'll go do some digging. I have a N1 partially filled in already, not so sure what we can claim in costs for litigant in person, researching and making the claim - or is that not applicable at this stage ?

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Check properly before but I think you need to send CCMCC Salford 3 copies of Form N1 and your PoC's. They'll then stamp the forms and send them out.

 

As regards costs, this can only be quantified when you know how long you've spent researching and dealing with the claim and producing your Bundle (evidence for the court). So this issue would be dealt with further down the process. In the meantime, keep a spreadsheet with date, time spent, very brief narrative of what you did throughout the process so you have a log of time spent, on which to base any claim for LiP costs.

 

Depending on how the claim goes, it may be prudent to ignore your costs which are less significant with small claims cases, in an effort to reach an acceptable settlement.

 

:-)

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Always a spanner in the works... We sent out several SAR's in recent weeks, all on the wife's account as she has a cheque book - except it's empty, waiting for a new one before we can send the application in... :-( Hopefully this week. I was thinking that MCOL would be a debit card so wasn't even considering sending a cheque in to pay for the processing. Postal Orders are expensive, it's an extra £12.50 - I looked. Yes, I could add that to the ongoing costs, it would have to be lumped in with the court fee if we don't get a cheque book soon.

 

The N1 has a claim of "£2,582.89 with interest rising at £1.89 per day, plus court costs and expenses to be determined." There are spaces to put in the amount claimed, and the court fees, but nothing for the costs incurred chasing it all up. I appreciate that a settlement of some sort is needed and we should not go chasing every penny if they are reasonable about it. But, they are not even replying, never mind making offers, which is why we've jumped to court proceedings rather than their previous suggestion of the FOS.

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Hi Hillards,

 

Just wait a few more days for the new chequebook to arrive. Meanwhile, you're making £1.89 a day !!

 

On the N1, you can detail the amount claimed and the court fees. Costs for research, etc can wait for now and can be addressed later in the proceedings if necessary.

 

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OK, will wait for the cheque book. She's going to call the bank in the morning and see if one is on it's way.

 

I'll make sure the total and the spreadsheet are up to date for the day they finally go to Salford. I appreciate that costs are not usually dealt with at the small claims court, you ask for the amount you say is due, the other side agree or disagree (or don't bother to turn up to a hearing) and a rubber stamp hits paper.

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Cheque book should be here any day now. Just finishing off the paperwork to send to the court.

 

Question: The original card was Monument, we are calling upon 'Barclays Bank PLC t/a Barclaycard' to repay the charges. But, what do I need to put in the POC to cover this point? Is it enough to just use 'the defendant' and use the Barclays name, as set out above. Or, do I need to explain that it was Monument, who were later acquired by... ? So much refers to 'the defendants terms...' and I worry that we could be thrown out of court if the particulars are incorrect.

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You'll refer to Barclays Bank PLC as the present owner.

 

But explain in the PoC that the a/c was originally opened with Monument (a/c No. xxx xxx) on or around xxdate. It was then acquired by Barclays Bank PLC t/a Barclaycard on or around xxdate with the a/c No. xxx xxx.

 

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Thanks Slick. We don't have the date it was transferred as this would have been after the account was paid off and close so no assignment was sent to us. I've added the following to the start of the POC:

 

Note: The agreement referred to was originally opened with Monument on 24/09/2002. This was then acquired by Barclays Bank PLC t/a Barclaycard who now administer the account. For the purposes of this claim, 'the defendant' is 'Barclays Bank PLC t/a Barclaycard' with acknowledgement that references to 'the agreement' is that agreement made by Monument and since transferred to Barclaycard.

 

That should cover it ?

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Just a quick question, BC SOLD monuments portfolio (or some of it in 2007) does this affect anything?

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Just a quick question, BC SOLD monuments portfolio (or some of it in 2007) does this affect anything?

 

BC returned account details when we sent a SAR so I guess they still hold our account, if they had sold it on I'm sure they would have told us by now.

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Hi Hillards,

 

Yes, I think that should cover it but, instead of adding this "Note" to the start of the PoC, I think it should simply be included as a numbered point in the PoC.

 

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Good, just wanted to check, we have seen someone go through the whole process only to have to repeat it due to the wrong address and copmpany name being used.

 

Sounds ok then :)

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Just out of interest, feel like putting your POC up (Without the confidential info)

I ask because im at the drafting stage for mine with NW and BC :)

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...I think it should simply be included as a numbered point in the PoC.

I just love re-numbering things like this :-) OK, done that, just hope this cheque book arrives so I can send it in.

 

I got a nice feeling from reading Tessy's thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?395088-Barclaycard-charges-reclaim-help-please - although I cannot see their reasoning for allowing things to go so far before stumping up the cash ! I can imaging they have a department of obstruction there somewhere...

 

Lets see what they do when they get our case on their desk.

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Just out of interest, feel like putting your POC up (Without the confidential info)

I ask because im at the drafting stage for mine with NW and BC :)

 

I nicked the one from here: http://www.consumeractiongroup.co.uk/forum/showthread.php?395088-Barclaycard-charges-reclaim-help-please&p=4392577&viewfull=1#post4392577

 

Had a few changes to make to suit our particular case and note that 12. is missing ;-) I had to reformat it a little to make sure the font and colours were consistent as well as removing some link markers.

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The cheque book has landed ! I'll print out all the documents tonight, updated to Friday's date, and get them ready to post to Salford. I need to go to the post office for a tax disc anyway.

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