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    • @ Aequitas   The one confused seems to be yourself as the OP if you look at this thread and then the other Forum Does Not have a 'LEASE' you need to read both very carefully rather than jump to a conclusion.   Oh and the Law you refer to is nothing to do with this matter.   Let my clarify it for you:   1. The OP has signed an Agreement with Mear Group for the 5 years in which Mear Group have a Home Office Contract to house Asylum Seekers. (This is not a Lease but a Signed Agreement between the Landlord and Mear Group the exact same as a Letting Agent would do)   2.  The Asylum Seekers were then placed in the Landlord Property under an AST which is an Assured Shorthold Tenancy (AST) by Mear Group which are dealing with the OP (landlords) property and as Asylum Seekers can't sign that AST due to their status this is then done by Mear Group that is why under 'Tenant' in that AST it states 'Mear Group'. Again this is not a Lease but an AST.   3. To be clear the OP has 2 Agreements in place at present for this property (a) The 5 year Agreement they Signed with Mear Group who have the Home Office Contract to house Asylum Seeker which is not a Lease. (b) the Assured Shorthold Tenancy Agreement (AST) after Mears Group placed Asylum Seeker into the OPs (Landlords) Property which as the Provider they signed the AST under 'Tenant' as the Asylum Seekers can't due to their status again this is not a Lease.   You seems to be confusing that the AST is for 5 years when the OP has never stated this on either Forum, they pointed out on that other forum in post#27 and I quote:     The above quote is nothing to do with the AST Signed by Mears Group for the Asylum Seekers placed into that property but is in fact to do with the Agreement the OP (Landlord) signed with Mears Group to let/Maintain their Property for 5 Years the same as a Letting Agency would have in place with a Landlord.   The issue here is not the AST or those residing in that property under that AST Agreement but the issue is to do with the 5 year Agreement that the OP signed with Mears Group under the Home Office Contract to let their property and the repairs they carried out to the roof costing £1800 - £1900 which the OP had no knowledge/never gave consent to carry out.   This is why is you fully read my post#36 properly I have asked the OP to post up both the AST & Agreement Signed with Mears Group Redacted to save this confusion as we really need to see both of those and the wording dur to this issue with the roof repairs carried out by Mears Group and that Invoice to the OP ( Landlord) got.
    • Excellent FTMDave your above post helped a lot i will copy the content and will send to HX parking ltd. I downloaded the consent order from Zimbirds thread please see the attachment if its the correct one.Thanks Consent Form (1).pdf
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Calvsta V Barclays ***WON***


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I am about to send Prelim to Barclays to try and recover charges made over the last 6 years for overdraft paid referal / unpaids out fees.

The amount I'll be trying to claim is £1'735.

 

My Barclays account still remains open with a few quid but I have opened a new account with First Direct (God help me).

 

A couple of questions, please help

 

I'm using a template letter from Martin Lewis, Money Saving Expert website (Its how I got to know about this site). The template letter is shorter than the one given here. Has anyone seen/used it? recommendations would be good!

 

 

Is this the best address :

 

Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office Customer Relations

1 Churchill Place

London

E14 5HP ?

 

2. Should I send it recorded post?

 

Many thanks.

 

Steve

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I would advise you to send all correspondence with Barclays recorded delivery.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Hi what you will probably get is a letter saying no. then when you send you lba off they will probably offer you just under half of it as a gesture of goodwill and also without accepting liability.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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  • 2 weeks later...

Hi

 

I have received a letter back from Barclays on the 12th after sending my prelim on the 7th. The letter in short states -

 

'They are sorry I'm unhappy with the charges incurred. My comments are receiving attention and they will try to find a solution within 4 weeks. A full report OR an update on progress will be sent within 8 weeks.'

 

Also sent was a 'Don't hold back your feedback, what to do if you want to complain' leaflet.

 

 

Shall I wait until the 14 days is up (the 21st) and then send my second letter threatening to take to court? Also should I add to the letter an acknowledgement of Barclays letter being unacceptable and against normal regulations etc!?

 

Please advise

 

Many thanks

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barclays will reply and say either we will offer you £xxx amount in full settlement or they will say bugger oof !! You should recieve a letter in 4 weeks however send them a lba when it is due as this keeps things running upto speed.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Thanks Bailiffchaser

 

Let wait and see what happens.

 

I guess Barclays are trying to keep the ball in there park for as long as possible and letting me know it.

 

After the 14 days I will send them a reminder that they have a further 14 days to give me ALL my money back. I'll acknowledge there letter but will notifiy them that if no payment is received by the end of the 4th week I will begin my claim through the courts.

 

Anymore advise would be great

If anyone has recieved the same letter after the prelim let me know what you'll be doing.

 

Cheers for now.

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:) Progress...

 

After just 12 days of sending my prelim I have received a letter from Barclays offering me £915 (50% of my original claim).

A little tempting just before Xmas but after reading many threads I feel I should try to claim the full amount.

 

Another user (forgot name sorry) who received a similar offer made a phone call to Barclays and negotiated a further 30%.

Has anyone else done this? Is it wise to try? Shall I just stick to sending a LBA after 14 days? or other? :confused:

 

Any thoughts, suggestions, advise would be gratefully received at this time

Kind Regards

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They have now responded to your pre lim so you can now send the LBA, its only 14days if they don't respond within that time. Now they have responded you can now proceed onto the next step. Send the LBA, you might be suprised what they offer, more so for a written request! Why settle for anything less than 100% of the claim??

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Any help please!

 

I using a LBA template letter from another website.

 

Part of the letter reads as follows:

 

'This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.'

 

I'm a little confused as I don't know the name of of the court as I haven't got to that stage yet!

If it comes to it I shall be using 'HMCS Money Claim online' to make my small claim.

 

Can anyone fill in the blank for me? I have a feeling I should just put Small claims court but I like to be sure

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insert county court into this.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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  • 2 weeks later...

UPDATE

 

I sent my LBA letter to Barclays just before Christmas, refusing the £950 and asking them once again to refund the full amount (£1795) or I shall start court proceedings.

 

Taking advise from MoneySavingExpert.com, to try and achieve a quick settlement without prejudice I asked for a smaller figure of £1350 (%75 of original claim) which I will except as full and final settlement within 14 days.

The charges, interest and court fee I will claim total £2296 if they refuse to settle.

Barclays have replied refusing the request for the but still are offering the £950!

They have also acknowledged I intend to start legal proceedings and if I don't accept the offer.

I'm now login into Money Claim Online.

Any advise at this stage would be welcome.

Wish me luck!

Steve

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Hi Steve,

 

It is up to you but personally I wouldn't accept that pathetic offer!!

 

Your letter sounds standard to me and even though you were willing to accept £1350 that is still almost £1,000 short of what you are owed. Stick by your guns and go for the whole lot.

 

It is a bit more work but worth it in the end and I imagine (when I get there) very satisfactory.

 

No one has lost, just remember that. Everyone has either had the whole amount settled or agreed on a slightly lower amount.

 

Hope that helps!

 

Laineybelle

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Thank you Laineybelle for the boost of confidence, it was well needed!

I've lost a bit of momentum over Christmas and need to re-wire a few brain cells.

 

I'm going to make a court claim and go for the lot.

 

Can you or anybody else direct me to the thread which gives the calculation method for working out the daily interest on my claim?

 

Many thanks

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It was put on my thread as I had trouble sorting it all.

 

I haven't got a clue how to add links to anything but if you can find my thread before anyone else gets back to you a lot of the info (including advice) is on there.

 

Good luck!

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tHIS LINK IS TO WHAT YOU CAN EXPECT FROM BARCLAYS BANK WHEN THEY REPLY TO YOUR SAR ETC. CLICK ON THE PHOTOS TO ENLARGE THEM.

 

 

bailiffchaser/BARCLAYS BANK 0018 - Photobucket - Video and Image Hosting

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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UPDATE

 

Ok I have filed my claim on MCOL which was accepted on the 5/1/06.

Q. I'm assuming if Barclay's don't reply to my claim within 14 days I personally have to start Judgement? (using the two options on the MCOL site, Judgement by Default or Judgement by Admission).

 

Cheers

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  • 2 weeks later...

Ok ignoring my previous post and answering my own question.

 

My claim was deemed served on the 10th Jan.

Barclays acknowledged my claim on the 12th Jan.

Barclays have until 11.59PM on the 7th Feb (28 days from date deemed served) to file a defence or other.

Only after this date can I make a Judgement by Default or Judgement by Admission.

 

Please correct me with this if I'm wrong.

 

Any advise on what I should/could be doing with my time other than reading through court bundles, other threads and the Lawpack small claims book?

 

Cheers for now

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  • 4 weeks later...

So the fun has commenced!

 

It has been 28 days since my claim was deemed served on the 10/1.

I have made a point of staying awake until Midnight (on a school night) on the 8/2 to request judgement by default on my MCOL account.

 

My request will be processed at 10am and hopefully providing the court does not allow any extra time I should get my money back, RIGHT?

 

I have heard something about the courts requesting the banks do not file a defence if they have no intention to see it through.

It is becoming a ridiculous waste of time and money to all three parties. Especially when a majority of cases have been settled days or hours before the case hearing!

 

Can anyone support this rumour. It sounds highly likely to me, especially with so many now claiming.

 

I'll keep you all posted.

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The gits have put in a defence. :mad:

I guess I now have to wait for my AQ, court date, make a few photocopies

and buy some nice folders!

 

Why are they wasting everybody's time delaying the fact they have to give me my money back! Why do the courts stand for it? They should be made to fight the claim and be shown for what a bunch of scheming bunch of crooks they really are.

 

I'm in no rush for my money but I wish the banks would just save us all time and themselves money giving us our money back when first asked. They would save tens of thousands surely. Do the investments they make with our money by dragging their heals amount to more!???

 

Any help and advise at this point would be very welcome, no matter how small or insignificant you think it may seem.

 

Cheers for now

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Are you aware that as you filed using MCOL that you need to send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

If I have been helpful please click on my star and add a comment.

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Are you aware that as you filed using MCOL that you need to send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

Thanks GuidoT

This is very helpful.

 

Is this something I should have done already?

Should I send it now or wait until I receive instructions from the court?

I assume the bank will say about not having a schedule of charges at some point. Do I send it then?

 

Thanks again

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Should have really sent before, but not to worry you are not that late. Sent it now, it is not for the Defendant to request that you particularise your claim, that burden is on you.

If I have been helpful please click on my star and add a comment.

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I thought the particulars of claim was just the basic detail of the claim being made. i.e. I am claiming Banks Charges taken from account.... between... etc. and the finer detail are sent later, when asked! surely the bank know what money I am referring to!

 

I understand from reading other threads that Barclay's will now obviously say they have not received a schedule of charges (which they have twice, prelim, LBA) to which the claim relates.

Shall I wait until this happens and also wait to receive confirmation to where the claim is being transferred before sending schedule of charges to that court?

 

Thank you GuiloT

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hiya scalvey,the schedule of charges you have sent to the bank is giving them a rough idea of the amount you are claiming.

when you send them your court bundle (including copies of the statements with charges highlighted) they will cross reference each charge to make sure that what you are claiming is kosha.for all they know you could just stick any old charges on your spreadsheet.

just follow the instructions on this site and stick to your timetable and you will be ok.

good luck.

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