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    • Well that's it then.   You went in the entrance which simply said you had to be a KFC customer, which you intended to be.   Once you worked out it was closed and read the signage you promptly left, in all of 11 minutes.    Their signage is rubbish and you've proved it.  Well done on digging up this evidence.
    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
    • What type of Bank loan ?   When you defaulted with the Bank, how much did you owe approx ?   Who did you agree the £1 token payment arrangement with ?  Is this the last DCA you were dealing with, before the debt was transfered to a new DCA ?    Which DCA's have been involved ?    There are many DCA's who have the same parent company owners and also there have been many DCA's bought out by new owners who have taken on the debts.   What is the current debt balance approx ?   Was there ever a period, when you did not make any payments towards the debt ?
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Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***


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They've missed 2 or 3 orders to comply now and I've complied with everything, despite what they imply.

 

 

1. I am the Legal Manager with the day to day care and conduct of this matter on behalf of the

Claimant. I am duly authorised by the Claimant to make this statement on its behalf. The

matters in this statement are within my own knowledge or come from reading papers

supplied to me by the Claimant or its predecessor in title, save where the contrary is

expressed.

 

2. The matters detailed herein are either matters within the Claimant's own knowledge or

matters of which we have been advised as the Claimant's solicitors.

The Claimant seeks relief from sanction pursuant to CPR 3.9 in respect of the Order made by

District Judge dated 4 November 2016.

 

4. The Claimant was in a position to comply with the Order made by District Judge on 21

June 2016 by giving disclosure. The circumstances regarding the breach were due to human

error. The Fee Earner who had conduct of the file was experiencing personal issues and

failed to note or diarise the Claimant's case management system which resulted in deadlines

being missed within a large litigious practice. This has come to light in the past 7 days and an

investigation is ongoing and the Claimant has acted promptly to remedy the breach.

 

5. The Claimant contends that the breach was unintentional and not serious as in the matter of

Mitchell v News Group Newspaper Limited (2013) EWHC 2355 (QB) Master McCloud. Both

parties were in breach of the Order as there is no record of the Defendant serving Disclosure

upon the Claimant and therefore no prejudice has been caused to the Defendant in any

event.

 

6. Upon filing of Directions Questionnaires the Claimant acted reasonably and respectfully

sought an Order to list the Claim on the Small Claims Track to limit costs for both parties as

the Defendant is a Litigant in Person and free up valuable judicial time in the spirit of the

over-riding objective.

 

7. The debt claimed in these proceedings is still owing to the Claimant as the parties failed to

settle.

 

8. The Claimant showed their intention to proceed by complying with the Unless Order for the

Claimant to pay a hearing fee had been noted and was paid only to be refunded by the Court

due to non-compliance with the previous Orders.

 

9. The Claimant respectfully seeks an Order that the Claim be reinstated and that the parties

be ordered to comply with Disclosure within 14 days with the Claim being re-listed for Trial

at the next available date — please see Draft Order attached.

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So they are blaming a lowly member if staff for messing it up.

 

I'm not 100% sure that objecting to set aside is the way to go with this WW, personally i would wait for Andyorch to give his input.

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My comment on those points that I have knowledge of:

 

4. They not only missed the order of June 21st, but also the orders in July and October, no fees was paid and no documents were ever received by me or the court.

5. They may not have a record due to their poor management, but I have a signature that it was received and I fulfilled the directions of the order, I'm the one who filed for it to be set aside.

7. They've yet to prove any debt is owing.

8. No idea when any fee was paid, the court informed me nothing was paid.

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wld 'personal issues' be a 'debilitating illness' - prove it.

'a large practice' - so is not a small under resourced stretched firm, and so they shld have the resources to cover (and identify) any staff illnesses..

you, an LiP with no 'resources', complied. and have proof of receipt.

it is 'serious' as they have repeatedly failed to comply with the court ( you mentioned they were even given more time after the earlier orders), and is prejudicial. disclosure is important.

etc

just some initial thoughts :)

have a look at the case,

IMO

:-):rant:

 

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You must respond by way of a witness statement Wandsworth2015 and state all the above... point by point... listing your objections should their application be granted...have they requested a hearing or without?

 

Andy

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You must respond by way of a witness statement Wandsworth2015 and state all the above... point by point... listing your objections should their application be granted...have they requested a hearing or without?

 

Andy

 

They have requested without a hearing, I've been up all night writing the witness statement

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Draft Witness statement in response to the application

 

1. the defendant in this claim, makes the following statement in objection to the claimants application to set a side believing it to be true and will state as follows:

 

2. The claimant failed to comply with the order dated 21 June 2016, made by District Judge (Name xxxxxx) requiring disclosure by 4pm on August 1 2016.

 

3. The claimant also failed to comply with the order dated 11 October 2016, made by District Judge requiring the claimant to give disclosure of all documents or the claim shall, without further order, be struck out and the Claimant shall pay the defendant costs of the claim.

 

4. The claimant has stated that personal issues of a single individual in a large practice, are responsible for failure to comply with the court order dated 21 June 2016. The claimant has not stated why they failed to comply with District Judge order dated 11 October.

 

5. The claimant has stated that the breach was not serious. The claimant requested an additional month upon filing directions questionnaire and yet the claimant, had been given an additional four months and repeatedly failed to comply with the court, an event which is prejudicial to the Defence.

 

6. The claimant has stated, both parties were in breach of the order as there is no record of the defendant serving disclosure upon the Claimant and therefore no prejudice has been caused to the defendant.

 

7.The Defendant served disclosure by Royal Mail, registered post mail, tracking code xxxxxx received by a “surname” on the 27 July 2016 at 10:33am.

 

8. The claimant has stated the debt claimed is still owing. As per my witness statement in disclosure to the claimant. I requested a copy of the agreement, default notice and supporting documentation from the claimant solicitors, Howard Cohen and Co, pursuant to CPR 31.14, in order to prove the validity and defend the claim. I have received no valid documentation to date and a repeatedly failure to comply by the claimant, has further enforced my position.

 

9. The defendant objects to the claimant seeking relief from sanctions as per their application dated 18 November 2016, received on the 23 November 2016.

 

10. The defendant seeks to uphold the order made by District Judge dated 4 November 2016, that the claim stay struck out, pursuant to Order 5 October 2016 and the Claimant shall pay the defendant costs of the claim.

 

 

I believe that the facts stated in this Witness Statement are true.

Edited by Andyorch
edited
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Just a few tweaks in red Wandsworth

We could do with some help from you.

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Great work WW, get some sleep now, well done

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GEMHL Settled

Barclaycard Settled

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Wandsworth, I think there's a couple of typo/grammatical errors too....you'll probably spot them if you read through it a few times. It's never a bad idea to get the little details right.

 

Sham

 

Now edited

We could do with some help from you.

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Wow thanks guys, I thought I was getting too Harvey Specter on it, but turns out my head was in a good place. Managed to get some work this morning, so squeezed in a few hours and now back home, will review again and then get 40 winks before finalising. I have the judges original names etc in my copy, I left out for CAG.

 

If you don't mind I will post my final piece here before putting in the post, do I need to provide a summary of draft directions with the witness statement?

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If Andy has edited it WW its good to go if you are happy with it. I will leave it for Andy to also answer your question re draft directions

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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With regards to directions as your not submitted an application notice then your witness statement is stand alone and in response to the claimants application..you should however serve a copy of the WS on the claimant also..but not until you receive notification from the court re their application.

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I didn't even think of that, so the application I have is direct from the claimant and not from the court. Just to be clear, I send my witness statement to the court today, (it's round the corner I can deliver by hand).

 

I then wait for the court response reference the application before sending to the claimant ?

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If the claimant has actually made an application (most are just threats) then the court should serve you a copy of the N244/Witness statement and a General Order confirming if it is to proceed with or without an hearing.....once you have dates then thats the normal time to submit any witness statement in response.....which should normally be 7 days pre hearing.

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I have a covering letter from Howard Cohen, stating the following:

 

We refer to the above matter (claim) and acknowledge your recent letter seeking costs. (23 hours at LiP rate £437).

 

Our client has instructed us to make an application to set aside the recent order striking out the claim.

 

Therefore, please find enclosed by way of service upon you the claimants application for relief from sanctions which has been filed with the court.

 

We trust this clarifies the matter.

 

 

So nothing direct from the court.... so I hold off on sending the witness statement to both the court and claimant until the court notifies me in writing?

 

Apologies, really want to approach this correctly in the final stages.

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the court shld send notice of their app'n. unless the J on the off chance happens to dismiss it of their own accord straight away. that wld be nice. :)

as the others then, maybe wait abit. if dont hear anything from the court soon ish, cld just give the court a ring to see if anything has happened since the strike out order.

IMO

:-):rant:

 

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Nothing from the court yet:

 

 

 

DRAFT DIRECTIONS from Cohen.....

 

1. The Claimant’s Application for Relief from Sanctions dated 18 November 2016 be granted-

 

2. The Claim be reinstated.

 

3. Each party must deliver to the other party and to the court office copies of all documents m

 

Witness Statements that they intend to rety upon within 13 dm

 

4. The Claimant must pay a £545.00 hearing lee within 14 days.

 

5. Both parties to file pre-trial checklists no later than 14 days.

 

6. No expert evidence being necessary. no party has permission to rely on expert witness.

 

7. Claim be listed for Trail with a time estimate ol 2 hours at the next avaiiabie date-

 

8. There is no Order as to costs.

 

Filed by Howard Cohen and Co

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So nothing received from Court as yet Wandsworth ? Perhaps give them a bell and ask about this application ?.

 

Andy

We could do with some help from you.

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Nothing from the court at all, last communication from them was the case was struck out as per the order.

 

 

I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided.

 

Sounds ominous,

do I submit a witness statement in defence of the application or sit tight,

 

 

seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application.

 

thoughts?

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No you cant submit a WS in response until you receive official notification its being allowed

We could do with some help from you.

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