Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 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
        • Like
  • Recommended Topics

Barclaycard Default Notice Removal **Claim settled (probably)**


bradybunch
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2906 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello Caggers,

 

I have gained immensely from the advice on this forum...thanks for that everyone.

 

 

I need help in removing a DN from my credit file please.

 

 

The entry was made in Aug 2010 by Barclaycard for #492.

 

 

I have emailed CEO using one of the sample letters on here and got a response from a lady called Judith Hayes.

 

 

She has promised to send statements and records.

 

 

She also mentioned that some of the charges are made up of PPI, Penalties and Interest charges.

 

 

This is a cummulative total of the charges vs credit limit

 

Credit Limit vs Balance History

2009 2010 2011

Jan -61 -232

Feb -94 -232

Mar -128 -232

Apr -163 -232

May -200 -232

Jun -226 -232

Jul -229 -232

Aug - 232 -232

Sep -232 -232

Oct -13 -232 -232

Nov 30 -232 -232

Dec -28 -232 -232

 

Ideas and suggestions all welcome.

Thanks

Link to post
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

I would send them an sar get all the statements

 

 

dx

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... 

Link to post
Share on other sites

Thanks dx100uk .

 

 

I will dispatch the letter asap and provide regular updates here

 

 

The lady I spoke to said she will include a final reply and if I am not satisfied I should go to the ombudsman.

 

 

my fear is that I am currently in the middle of a mortgage app and they have brought this up.

 

 

Is it worth speaking to the lady again to get this removed as it appears that the charges tipped the account into default?.

 

 

The original limit was 260 pounds and accrued charges is now 232 pounds.

 

 

Would I be able to use this as leverage to get the DN removed?

Link to post
Share on other sites

you need to prove that the PPI+the int it got charged

and

the PENALTY [£12 fees]+the Int they got charged

 

 

to the point of the Default notice

 

 

would be more the balance claimed on the DN

 

 

if you can

the default must be removed.

 

 

dx

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... 

Link to post
Share on other sites

Hi Bradybunch and welcome to CAG

 

Stay OFF the phone and keep everything in writing only. You need proof of all exchanges so stick to email or written letters.

 

Getting a DN removed is not easy. And there are no likely shortcuts. I very much doubt you'll get the DN removed by talking to the lady you've referred to.

 

If you don't have all the a/c statements, get the info with the SAR, so you can see exactly how much you've been charged in PPI and penalty charges.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks dx.

 

 

i have attached a screen grab of the CRA entry.

 

 

credit limit was 260 in Nov 2009,

 

 

credit card balance was 230

 

 

in Dec 2009 there was a missed payment and a 58 pounds charge was applied

 

 

which took the card over its limit and increased by about 30 pounds monthly till Aug 2010 when it was defaulted.

Link to post
Share on other sites

Hi guys, Barclaycard have sent some documents back to me from 2007.

 

 

They also sent a FORMAL FINAL NOTICE (CALDER) and a DEFAULT NOTICE ( MERCER). nothing officially from Barclaycard.

 

Credit Limit: 260

Dec 2009: balance was 288

Jan 2010- June 2010: £12 (over limit charges) + £12 (late payment penalty) monthly

June 2010 -Aug 2010: £12 (over limit charges) monthly

PPI Nov 2007- June 2010: £68

 

This is meant to be the FINAL response and I have been referred to the FOS for escalation.

 

 

I am hoping to argue on technicalities and the charges plus int (8%).

 

 

Is this the right way to go please.

 

Thanks guys

Link to post
Share on other sites

Hi BB,

 

There's another way to tackle this - reclaim all penalty charges plus compound restitutionary interest at 24.9%.

 

Read through a few of the recent **WON** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Put the penalty charges on a compound int't spreadsheet and let us know the totals for charges and for int't.

 

Court action against BC may be quicker, more rewarding financially and a way to get BC to remove all adverse data about the a/c.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slick,

 

Thanks for your response. I had the account between 2003-2010 (year of default) and the last payment to the account/card was in Nov 2009. In calculating the cumulative interest on charges etc, should I use the period Dec 2009-Aug 2010, or Dec 2009-Date? I have also read somewhere that where a DN was not served by the original creditors, such DN will be deemed invalid. Is this correct?... thanks

Edited by bradybunch
Attach documents
Link to post
Share on other sites

Hi BB,

 

Use a compound interest spreadsheet to list the date, narrative and amount for each charge when it was made by BC.

 

All the info you need will be in the *WON* threads I referred to above.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slick,

 

Thanks for your help with this. do I need a SAR at all or should I just go with what I have?

 

Can anyone please point me towards where I can get a Prelim claim template please.

 

Thanks

BB

Edited by bradybunch
Link to post
Share on other sites

Hi BB,

 

If you're sure you have all statement data for periods when you suffered penalty charges, go with what you have.

 

If you are missing statements for periods when you may have been charged, send off an SAR.

 

Your spready looks ok so far EXCEPT you should not include the interest charged by BC each month. That is taken care of by claiming restitutionary interest.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks Slick.. Just to re-cap

 

1. The end date in the spreadsheet is an excell formular =Today() and not the date of Default. Is this correct?

2. If the numbers are good, then the next steps are

2a Sent a Prelim Claim letter (Can you please refer me to where I can get a template for this?)

2b if response is negative, send an LBA letter (Can you please refer me to where I can get a template for this?)

3. If response is not satisfactory, GO TO COURT

 

The aim of all thes is to get the DN removed and the charges erased.

 

Have I missed anything?

Link to post
Share on other sites

interest on std bal needs removing.

 

 

if not already done

 

 

leave the claim to date calc alone

 

 

if you look in this forum

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

 

the rest of what you need should be detailed in won threads

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... 

Link to post
Share on other sites

Hi BB,

 

1. The spready always uses the current date when it's opened and that's correct. So each time you open it, the interest will have increased from the previous occasion. The Default date is not relevant.

 

2.a&b. Prelim Claim/LBA letter here from our Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-LEGAL-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

3. Correct.

 

Use your time wisely while waiting for Barclays to reply. Read through the *WON* threads and make notes about reclaiming and about getting a DN removed.

 

Do the research so you can run your claim properly.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi BB,

 

I suggest you start a separate thread in the PPI forum to deal with this aspect of your case.

 

PPI is dealt with differently and you will not claim the PPI as part of a court claim, nor will you seek restitutionary compound int't.

 

Read threads in the PPI forum and Stickies there to get an idea of how to reclaim the PPI properly.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Dealing now with the penalty charges, I note there are 12 more £12 charges on the 2nd sheet that weren't on the 1st one.

 

Did you originally miss these ?

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Slick, that was an excellent spot. I missed them initially. I have included charges from 2007 in the updated version of the spready. I will claim for the charges and do the PPI separately. I have attached my Prelim Letter.

thanks for your help Slick

Link to post
Share on other sites

Hi BB,

 

One tiny suggestion :-

 

Para 3 - "...... and I also claim restitutionary interest of ......"

 

Otherwise, the letter looks good to go.

 

Follow up with the LBA after 14 days but update the letter to reflect the slightly higher interest that will show in the spready.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 3 weeks later...

Hi Slick, fired the first salvo (preliminary letter) two weeks ago and I have not received any response from BC. I will be sending the LBA on Monday. Do I need to introduce the Sempra case and the Kleinwort case as well in the LBA? Can these be introduce in the POC later if I don`t introduce them now?

Link to post
Share on other sites

Hi BB,

 

No need to mention Sempra Metals or Kleinwort Benson in the Prelim or LBA. Have you taken time to read through other cases as these will tell you almost everything you need to know.

 

You need only mention briefly that you will rely on the 2 cases in the POC.

 

You'll only go into more detail when it comes to preparing evidence (generally referred to a your court bundle) to present for your case.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Update on this case. I received this letter from BC. It looks pretty similar to what others have gotten or am I missing something. I am sending my lba on Monday regardless. BC have admitted that they have charged me more than £12 in the past so I am also sending a SAR.

Link to post
Share on other sites

Hi BB,

 

I assume you don't have all your statements for the a/c. A SAR to BC now will probably only disclose data for the last 6 years unless you take the matter further.

 

What data DO you have.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...