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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.  

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays Bank - Additions, Reserve Charges and Overdraft Interest - Genuine Hardship Claim


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Hi Gripper,

 

Apart from the Additions Fees, I doubt the bank will refund any of the other fees.

 

Barclays were known to have changed customers over to an Additions a/c without without their knowledge or consent. In this case you could seek a refund and are likely to get one or two years fees back quite easily.

 

As Fko says, if they sold you the Additions package when you didn't need it, or you had similar "benefits" from other sources, you should see a refund.

 

If you are currently in Financial Difficulty, you need to ask the bank(s) to stop adding interest and default charges to the credit card a/c any bank a/c where interest and default charges are being added.

 

See the letter here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

Although the letter seeks a refund of charges, this may be unlikely. However, the chances of this may be better if you can show the bank was made aware by you, or they should have been aware from your a/c activity, that you were in Financial Difficulty.

 

:-)

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Hi Gripper,

 

The letter I linked above has a Budget Planner which you should complete asap for submission to the bank and to the credit card co. to seek a halt to default charges and interest.

 

The bank and the credit card should have been aware of you having FD's when you were going into unauthorised O/D, you were having items returned unpaid or you failed to make CCard payments as required.

 

If you can identify a point in time when they should have realised you were in trouble, THAT is when the bank or CCard should have acted to help, in accordance with The Lending Code.

 

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Ok.

 

You can adapt the letter to confirm when you think the bank should have identified that you were in FD's and use that date for when the bank should have acted proactively.

 

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Any charges that you reclaim, you'd normally add simple 8% int't from the date of charge. This is only actually claimable once you start court action but no harm in claiming it from the outset.

 

The additions fees could be reclaimed as per post #5 above if you didn't need the benefits..

 

Which of the other charges, and how much of them you try to reclaim, you will have to decide based on your circumstances. For instance you can argue, as discussed above, about the time from which the bank should have known you were in FD's and how they should have assisted you re charges and interest on any Lending. This includes credit cards, loan a/c's or overdraft.

 

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Hi Gripper,

 

The best spready for you is the 8% simple interest. It's the first one linkied in post #1 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

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Hi Gripper,

 

I wouldn't be surprised if Barclays reply denying they owe you anything but offering a Goodwill Gesture of £100 to £200.

 

You should be wary of taking this to court. The Supreme Court ruling on current a/c fees means you need decent grounds to take court action.

 

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Hi Gripper,

 

Sorry if you mistook my use of the word "wary". I meant that you shouldn't rush to take court action if the bank don't refund as requested.

 

If we were talking about default charges on a credit card, a bank loan, a mortgage or a catalogue a/c, court action is still a good option.

 

But for a bank current a/c, you need to be cautious and make sure you have good grounds to claim. You certainly wouldn't get financially ruined if you took court action as it would be on the Small Claims Track and the risk of costs against you is pretty limited.

 

The Lending Code does not give you a direct cause of (court) action and BCOBS is probably your best hope.

 

Get your letter off anyway and let's see how they reply.

 

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