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    • Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂
    • Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
    • Hi dx I was working agency work at that time and very unreliable.   papayoo
    • And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects. Your situation is this: You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised. Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated. This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle. This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted. The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies. Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate. The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably. Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000. If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred. It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance. If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.  
    • Yes no indication that it was a private sale until we asked for our money back under right to reject. With regards to repairs, the only outstanding defects seem to be slight misalignment of ns wing, overspray on components inside engine compartment, but we were able to find out some of the parts replaced from Toyota, such as ns wing, bonnet, front bumper, front grill, A/C radiator, inner flitch plate which is poorly finished and front bumper support. That doesn’t count as Immaculate to me.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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lack of settled Barclays cases?


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Hi Guys,

 

I've just been looking through the Litigation Concluded section and notice a lack of Settled Barclays cases.

 

I'm currently at day 20 of the 28 days allowed for Barclays to defend thier case from me.

 

Do they normally leave it to the very last few days?

 

cheers

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Hi there,

 

Im kinda in the same boat. I got offered £300 for the £910 i claimed. I told them it wasnt acceptable. So legal nastyness insued.

 

So now i have launched a claim, and they defended within 2 days. Just waiting to see if they file a rebuff. (22 days to go)

 

Im actually looking forward to potential court action to tell the judge what [email protected] B arclay are. Bring it on Barclays.

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in a similar situation, on day 23 of the 28 days in which to wait for a defence...

 

still at least when ours are settled other people will be able to see them for encouragement!

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Im on day 19 after refusing just under half.

Bank Claim Result

NatWest £2051 UnGagged myself. They paid up in full:D

Barclays £641.81 Settled in full.:D

MBNA AOL £390 account credited

MBNA Card £880 account credited

MBNA Loan £115 LBA 03/07

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Hi all

 

Don't worry too much about the POSSIBILITY of having to end up in Court.

 

Think of your letters and the Bank's replies as a game.

 

You know they are playing a little game, they know you are. It's like a game of chicken. They are just waiting for some people to get nervous and go away.

 

Hang in there.

 

Expect a letter a day or so before the court deadline with an offer, most likely in full.

 

Do you really expect a Bank to go to court over something they can't win ? Their costs can't be recovered in the small claims court and the publicity of a win for a customer in the court is something they will not want.

Been through the system. Keep going... it works !

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I'd agree with Dickie, its just a case of holding your nerve. The bank will only pay out at the last minute, they might as well hang on to your money for as long as they can!! They will also be hoping that some people drop their cases as they are scared of the prospect of attending court.

 

They could even turn up on the day of the Court Hearing and offer you a full payment before you sit before the Judge.

 

Barclays have got 2 days to submit a Defence to my claim of £4k

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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We have just filed a claim for £3670.00 with MoneyClaim. Barclays offered us a goodwill payment of £1500 in full settlement. We said that this would do as an interim payment with the rest within 7 days. They refused , saying "we acknowledge your intention to sue us" so we HAVE!!

 

Barclays seem to think that their customers don't have the balls to stand up to them, but after the hardship and problems their charges have cost us in 6 yrs, they really have p***d us off. My wife and I are quite happy to go to court if required and will even get the local paper involved if they want to look like a bunch of total muppets.

 

Like the others have said- don't worry, play "chicken" with them, it's them that will loose their nerve first!

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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They filed a defence of my case on the last possible day, i believe i am the first to go this far with Barclays - documented on here anyway - i will keep you posted, im not worried, i have read and read, digested, educated myself and am fully prepared to see them in court should they wish to turn up and explain the theft of my money.

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They filed a defence of my case on the last possible day, i believe i am the first to go this far with Barclays - documented on here anyway - i will keep you posted, im not worried, i have read and read, digested, educated myself and am fully prepared to see them in court should they wish to turn up and explain the theft of my money.

GOOD LUCK MATE.

Not that you will need it. :)

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They filed a defence of my case on the last possible day, i believe i am the first to go this far with Barclays - documented on here anyway - i will keep you posted, im not worried, i have read and read, digested, educated myself and am fully prepared to see them in court should they wish to turn up and explain the theft of my money.

 

Same here! they filed for defence on the last day possible. Have just recivied the paper work from moneyclaim advising me that my cliam has been transfered from Northampton Court to my local court.

 

In their defence paper work they seem to have just quoted the terms & conditions of my account. Also in the paperwork was an Allocation Questionnare for me to fill in.

 

Has anyone else been this far down the road? what happens next? am i actually likely to go to court?

 

thanks

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Hi Jinx, Im at the same stage of you and have just filled in my AQ.

 

It is a possibilty that we may have to go to Court to get our money back, but it is all a game of chicken. They want us to be so scared by the prospect that we will drop our claims and they will be even more richer, at our expense!!

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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Yeah i Sent My 1st letter off to barclays on 15th april and i havent had anything back from them. Although AMEX and Morgan standly both sent me the DPA forms within a few days hope there speedier once the DPA gone to Barclays :-|

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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