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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Alice1971

Barclays Additions - Request for Refund of Fees

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Thank you so much for your valued advice slick132.

 

I will do as you have advised.

 

The full address that I sent the SAR to is:

 

Barclays Bank Plc

Head Office Customer Relations

1 Churchill Place

London

E14 5HP

 

I will update thread with any progress.

 

Thanks again, Alice

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Hi Alice,

 

The address you used for the SAR is fine. My concern was that you can't use RM Signed For delivery with a PO Box address.

 

So reply to the letter as I said above.

 

:-)


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Hi All,

 

Feeling very Frustrated with Barclays!!!

 

Sent off the recommended letter regarding their decision and my SAR to Barclays Leicester by Royal Mail Second Class recorded on Friday. Should have arrived by now but hasn't been signed for.

 

This is the second letter sent in February to that address, the first letter sent on the 13th February First Class recorded still hasn't got there.

 

It makes me think they reject signed for mail.

 

How can I get a letter to them and know that it has been received?

 

Should I try special delivery?

 

Or just send one normally with a certificate of posting and ask in the letter that they confirm receipt in writing?

 

Any advice greatly appreciated.

 

Thanks Alice.

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Give it a few more days for the bank to sign for your letter, or not.

 

Let us know next week.

 

:-)


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Thanks slick132,

 

It's been two weeks now and the letter still hasn't been signed for by Barclays; what should I do now?

 

Thanks in advance for any advice; it is greatly appreciated.

 

Alice

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Hi Alice,

 

 

Have you asked R Mail where the letter(s) is and why it's not been signed for. It could be that they have failed to report successful delivery.

 

There were 2 letters - 1 to Leicester about the decision to reject your claim; and 1 to London HQ with the SAR.

 

For each letter, please confirm if it's been signed for or replied to yet.

 

:-)


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Hi Alice,

 

 

Have you asked R Mail where the letter(s) is and why it's not been signed for. It could be that they have failed to report successful delivery.

 

There were 2 letters - 1 to Leicester about the decision to reject your claim; and 1 to London HQ with the SAR.

 

For each letter, please confirm if it's been signed for or replied to yet.

 

:-)

 

I asked at the delivery office and they could only see what I could see on the tracking; they gave me the customer services number to ring which I will do tomorrow.

 

The SAR letter to the London address was received and I have delivery confirmation for this. As of today I have had no correspondence regarding my application for information and the cheque has not been cashed.

 

I have sent two letters recorded delivery to Leicester:

 

The first regarding their letter about returning my questionnaire; this was not signed for but I think they received it because I sent it on a Friday and I received the phone call from them regarding the claim on the following Wednesday or Thursda.The man said that he had enough information: this suggests to me that he was saying that he did not need the questionnaire, so did he receive my letter?

 

The second was the letter I sent regarding their decision, this has not been signed for and I have had no correspondence in response to the letter.

 

Thanks Alice

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Ok, give us an update when you've spoken to RM.

 

:-)


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I had problems with Barclays SAR and I called 0800 282 390 who is the complaints department. They actually called me back to give me information.

Edited by fkofilee
Removed Advisor's Name

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Spoke to Rm, my tracking number for the reply to their decision is now listed as missing. They said that Barclays might have the letter as signed for mail is signed for in bulk by big companies. I told them it was important I have proof of delivery; they said if I resend using special delivery I will definitely get a signature.

 

Regarding my SAR still no correspondence, cheque still not cashed. The 40 days is up on Monday (In my count I included weekends).

 

Thanks CuriousBee for your advice, but I really need them to give me all info in paper format.

 

Thanks Alice

Edited by Alice1971

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I am waiting for my SAR as well, and they have not cashed the cheque. At lease Claire was able to tell me that they are in their 21 days of 40 days and I will get it in further two and a half weeks. I believe she is the UK complaints managing agent.

 

Good luck - I am sure it won't be long now and you will get it sorted.

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FYI Barclays are terribly slow at getting SAR's out in time, mine took almost 4 months.

On the plus side, they will compensate for the error if it is late.


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I'd complain to RM about their failure. You've paid for your item to be signed for and RM's tracking system should tell you where the item was last logged.

 

Send the chasing letter if the SAR is late.

 

:-)


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Hi Alice - I got my SAR documents today. But they have not included any application forms or agreements with the documents. I may have to send a separate CCA letter for that.

 

Please call that telephone number I gave you. The lady I spoke to was very helpful and she said the documents will be sent to my nearest branch and today I went and collected it.

 

I was surprised as I only sent the letter on 23rd February. Ask for the UK complaints manager.

 

Good luck.

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Hi CB,

 

The SAR is a request for data about you held by the bank but they're not obliged to produce specific copy documents.

 

As you say, only a CCA request will produce a credit agreement/application.

 

Sorry to Alice for the highjack.

 

:-)


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Thanks slick.

Yes I am going to send a CCA letter for the agreements/application forms.

CB

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I'd complain to RM about their failure. You've paid for your item to be signed for and RM's tracking system should tell you where the item was last logged.

 

Send the chasing letter if the SAR is late.

 

:-)

 

Thanks slick132, and no problem with the hijack.

 

Will update as necessary.

 

Alice

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Thanks Martin for your input. I will persevere with my application.

 

Thanks CB, I will send a chasing letter first as advised by slick132. If I have no joy still maybe I will ring the number that you have kindly given.

 

I will update as necessary.

 

Thanks again,

 

Alice

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Update:

 

Today I recieved some information in response to my SAR.

 

The information came from the Subject Access Request Team at Leicester. I was very disappointed with what they have sent, I received:

 

Reams of dot matrix printed Informatiom relating to my Barclaycards and also my Rbs credit card.

 

And a 'DATA PROTECTION ACT SUBJECT ACCESS REPORT' consisting of 41 pages which to be honest has very little information in it.

 

This is all that I have received.

 

The report has no references to me opening the Additions account in May 96, closing the Additions account on Sunday 01/02/98 or any reference to me re-opening an Additions account in April 98.

 

The only reference it has; is to me supposedly upgrading to Additions plus on 21/06/05. In the 'Notepad Details' section:

 

Note pad text:

 

'customer would like to upgrade to add plus from additions for comprehensive travel insurance no further on required please sanction'

 

The thing is in the period of 2003 to 2008 I didn't go on holiday at all and I have only been abroad on holiday once in 1994. Most of my holidays out of this period have been camping so I would never have upgraded for comprehensive travel insurance. Also as I have said previously I had just found out that there was a significant chance that I would be made redundant, so I certainly would not have been planning any holidays at that time.

 

On the report it days 'data extracted 13/02/17' so it's taken a month for me to receive it.

 

In the covering letter it does say:

 

'If there is other information that you expected to receive in response to your request please let us know, providing as much specific detail as you can to help us locate what you want'

 

So should I ask for information relating to my closing and re-opening additions In 1998?

 

The covering letter also says:

 

'due to the type of information requested, there may be multiple packaged files sent to you by secure post'

 

Does this mean I may receive more information from other Barclays locations/ departments?

 

Thanks in advance for any advice.

 

Alice

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Hi Alice,

 

You should assume for now that you've rec'd all they're sending.

 

But go through it all v carefully to make sure nothing is overlooked.

 

If you feel certain important data about you is missing, go back to them to query this.

 

Let us know what you're going to do, or if you need suggestions.

 

:-)


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There was nothing much in my bundle of documents either. One of the statements did not have any data - that is the one I am querying. I think there is a telephone number on the letters that they sent so you can call them up if you are not happy or expecting something that you need.

CB

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A follow up letter would be better than a call.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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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I agree with Martin - whatever you need to query or complain about - put it in writing.

 

:-)


We could do with some help from you

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Hello all

 

I have been reading this with a lot of interest as I have received my statements from Barclays. However, they do have a specific address in Leicester for SARs. They have also sent me my Egg Card statements. I do not wish to hijack Alices thread but this my first post on CAG and was wondering if anybody had been successful in claiming back fees from Barclays Additions accounts?

 

Many thanks in advace

DD

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start a new thread

 

 

dx


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