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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
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Barclays make a hash of new account for my Mum and won't give her a cheque book, any ideas why as I'm flummoxed!??!


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My 82 year old mum hasn't been too well recently and her local Nat West Branch has closed down and the new one is a nightmare for parking and she doesn't walk too well.

 

She also got caught out by a phone holiday spoof to the tune of a few hundred quid and became paranoid about the company knowing her account details so we decided that maybe a change to a new bank was a good option.

 

Barclays is my and my sisters bank as well and as difficult as it is to talk about if something happens to mum before it happens to me we theorised that if we are all at the same bank things would be easier to deal with, but it has all become a bit of a disaster!!

 

We had a meeting with an advisor who looked into it and after doing her bit on computer stated that mum qualified for a basic account which would not include an overdraft or the option to loan.

 

To be fair mum has plenty of money in her account and gets very good pension and investment returns so the need for an overdraft or loan is highly unlikely as her balance stays pretty much the same each month and it's far higher than my balance is!!!

 

The one thing the advisor forgot to mention though was that mum wouldn't get a cheque book and I wouldn't have know that anyway being a Barclays Current Account holder since I was in my teens!!

 

This was only brought to our attention over a week later when I rang Barclays to ask because mum mentioned she hadn't received one, which we obviously thought was the norm, but was told that she couldn't get a cheque book for a basic account.

 

We then went back for a meeting because this was baffling.

It then became clear that mum had been declined a current account (hence the basic) but the reason for why she has been declined is unclear and apparently the advisors do not get told the reason so obviously the customer cannot argue against it.

 

The advisor to be fair did apologise profusely for not explaining clearly and for forgetting to mention the cheque book and said the reason could be something to do with a credit score.

 

I've however checked mums credit score on Experian and it was 999.

She has no debts, mortgage paid off years ago, no loans taken out for years if ever as far as I know, plenty of cash in the account and has never had an issue getting credit cards, of which she pays off in full...… Could this be the problem?!

 

The annoyance is that mum relies on her cheque book and is in a muddle and is having to either get me to send cheques for her or she has to withdraw large amounts of cash.

 

The bank suggested waiting a couple of months and when they have seen how the account is managed and that Barclaycards have been paid off etc then they can reapply for a current account.

 

If it is still declined then the only option is to go back to Nat West who have already said she can have a current account with cheque book like she did before, but it will obviously be a pain switching once again and I suspect all of the Direct Debit companies will be baffled as to what is happening!!

 

Barclays have also made a mess up with statements as well with mum not receiving one statement in the two months since the account opened so I am chasing up that as well

 

mum called Barclays Head Office last week and the guy on the phone couldn't understand why she hadn't been given a cheque book so we will wait and see if he gets any joy, although I would say probably not!!!

 

So any ideas as to why this happens?

Especially as I as an 18 years old got a current account without an issue and with probably no job at the time albeit 35 odd years ago!!

 

It seems bizarre especially as they hide the reason.

I am wondering in part if it's because she is a retired widow so upon first check they may not have known what monthly income she would be receiving but they would have seen from the account surely?

 

Help massively appreciated.

Edited by dx100uk
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The use of cheques is declining as more and more people switch to using credit/debit cards and online transactions. Banks incur considerable costs in processing cheques, and would probably like to do away with them altogether. That said, I'm surprised that your mother was only offered a basic account. Perhaps worth pinning down the branch manager and demanding an explanation ?

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Thanks Mr P.

Yep I only send the odd one these days myself but older people still use them and mum prefers to use them for things like her freezer man, gardener, paper bill etc.

 

Ironically only one of them now brings a card reader with them so they are a bit behind the times as well. To be honest with all the potential s.c.a.m.s. about I am relieved mum doesn't use the Internet and Internet Banking.

 

The older people will inherit the earth though when the internet and mobile phones blow up as they still use cash, paper and pencil!!!

 

It's getting to speak to the manager that will be the issue as it's all machines now, although I might call Head Office themselves although they probably won't speak to me as I am not the "account holder".

 

That annoys me as well, to talk about mums account I need Power of Attorney (which we have for future possibilities) but I don't want to do that now as it takes some of mums independence away. They need something a little lighter so you can talk about things like statements or cheque books!!!!!!

 

Can your credit history be "too good" ie if you haven't been in debt you have no history of paying it off?!

Edited by dx100uk
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It's getting to speak to the manager that will be the issue as it's all machines now, although I might call Head Office themselves although they probably won't speak to me as I am not the "account holder". That annoys me as well, to talk about mums account I need Power of Attorney (which we have for future possibilities) but I don't want to do that now as it takes some of mums independence away. They need something a little lighter so you can talk about things like statements or cheque books!!!!!!

 

If you get your mother to set up what they call a "third party mandate", you will be able to discuss the account with (almost) anyone at the bank. I had one set up on my mother's accounts which also gave me the authority to sign her cheques amongst other things. Your mother would probably need to go into the local branch to set it up and sign the paperwork, but it does not mean giving up her independence as she can revoke the mandate at any time.

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Probably down to no line of running credit on her file

 

Co-op do a cheque book account still

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