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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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MCM VS Barclays


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Greetings beautiful ones! I've been advised to start a thread here to update you fine people on whatever progress I make with this ****. So much money taken in "paid refferal fees" so I've sent off my DPA request to find out just have much has been stolen from me.

This is clearly an issue that doesn't get enough coverage; I finally got mad enough to check out the web regarding the legality of these charges and found this little gem of a site.

I will update as and when...good luck to you all.

MCM.

"Crime is crime. I don't care if you wear a white collar or a tank top; if you rob me - I'm gonna whup your @ss".

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  • 2 weeks later...
  • 3 weeks later...
  • 1 month later...

It doesn't help that I don't have much of a head for numbers but I have to work out the interest on my claim. It's about that time to hit moneyclaim.com.

I am using the simple charges calc spreadsheet put down by imported last Jan and it is asking for "days since offence" to work out the interest. I have around £1600 of £20-30 charges dating back six years - is there a simple way to work this out as the spreadsheet doesn't seem to do it for me?

Any help you can give me with this would be most appreciated.

 

Damian.

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Hiya Damian,

I have just done the very same thing. I actually used (VAMPIRESS'S CHAMBER) Vampiress's Spreadsheets which seemed better to me :-)

Claiming £590 in unauthorized OD fees, and £100 in interest from Barclays.

 

Remember "He who pays the piper calls the tune" well I've paid Barclays far too much so bloody well dance!

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Hi,

 

Days since offence should calculate automatically once you have entered date. Just make sure you have entered date in the correct format ie 12/04/2005

 

 

Trucker

Hi Trucker,

 

Where do you enter the date on the simple cal form? All I see is "Period: (date from) to (date to)" and when I put the dates in, nothing happens.

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Hiya Damian,

I have just done the very same thing. I actually used (VAMPIRESS'S CHAMBER) Vampiress's Spreadsheets which seemed better to me :-)

Hey there!! Vampiress has a very cool name so I would have gone for her had I of seen it first :). Sadly, I have no google account so I can't access it. I have a work friend who is trying to figure something out through excel for me; is the interest 8% per month/year since offence or simple 8% of the charge?

I really just want to file this now so I'm tempted to forget interest :Cry:

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  • 4 weeks later...

Please help :eek:

I went onto the moneyclaimonline site and filed a claim for around £2K against Barclays for bogus charges. Got the forms through today and somehow...I've managed to make a claim against myself!!

This filled me with panic as it hasn't been easy going to start with but this action cost me £120. £120 I can barely afford and I don't know what to do now. I've sent a very humble email to them saying who the defendent was meant to be but I'm so worried that they're going to charge me another £120 to put it right.

What is this fee meant to pay for? I don't know how these people work and if sending the forms out is all they do. Does this pay for arranging court dates etc or is it likely that I'll have to pay again.

This is going to plague me until I hear back from them so I was hoping you could give me an idea of what to expect. I don't think I can cover another charge and I don't want to leave it any longer. I'd be thankful for any words of advice.

 

Damian.

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Guest Mumofthreeboys

Believe it or not, you are not the first person to do this.

 

Give MCOL a ring and explain the situation and I'm sure all will be fine. At worst all you will have to do is file an amendment, but I don't think you will have to do this.

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MCOL are a very helpful bunch, they will see the obvious 'typo' LOL.

More than likely they will amend there and then over the phone. just make sure you have the details of B's in front of you went you phone.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I don't know how these people work and if sending the forms out is all they do.

MCOL is simply small claims based at Northampton court.

They will process your application from there and later transfer it to your local court.

Theyre not a dodgy firm, they are legit.

If you phone em, I doubt they will even charge you any fee for the amendment.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 1 month later...

hello peoples!!

 

i just went to file judgement on barclays for a claim served on 22/04/07; it's my understanding they had 28 days (they acknowledged) from this day to file a defence. they haven't done so but i just tried to put in for judgement and moneyclaimonline said that i couldn't because it wasn't time. math isn't my strong point but i make this the 29th day - do i have fool's math or am i missing something? does this time include weekends (did the bank holiday give them another day)?

 

thanks.

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hi,

it is 28 days from the date of issue.

 

Before entering judgement please could you read this thread as it could save you an extra 28 delay with your claim.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

hope it helps.

claire

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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  • 1 month later...

hi all. i'm at the end of my tether with all this consumer rights stuff - over 5 months on and it feels very little has been done. barclays filed a defence against my claim and the court has sent me a 'general form of order' stating that i should send in an amended claim form detailing all contended charges. i never filed a claim form in the first place, i went through moneyclaimonline but whatever they did hasn't stuck.

what do these people do? i'm sure i've asked this before but i didn't get a detailed answer, just reassurance that they're good peoples. my local court hasn't received any kind of claim form from them and now they're asking me to do the job that i thought i paid m.c.o to do. what did i pay them £120 for? to send some email version of a claim form that my court considers invalid?

getting so frustrated with the whole business. it's been so long and now i just wished i took the settlement when i had the option. looks like this is likely to go to court but what the point of even arranging a court date if these charges are blatently unlawful? seems a waste of time to me. what's further is that my financial situation hasn't been good the last couple of months, barclays has been dragging this on for almost half a year now and at the end of the month they charged me another £30 for going £6ish over my limit. it's like a spit in the face and i'll be damned if i'm going through all this again for £30. barclays are making a mockery of this whole system and to be honest, i don't blame them. it is a joke.

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Once Barclays defend then it can no longer be persued through mcol ... it gets transfered to your local court (standard procedure) because you filed through mcol you have limited room to put details of every charge you are claiming for

send in an amended claim form detailing all contended charges
this is just the schedule of charges (the spread sheet ) The charges arnt 'illegal' they are unlawful there is a difference (can i suggest that you edit your post accordingly pls)
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i don't know how to edit a post i already made and i don't know what you would like me to edit. without getting into a semantic disscussion i acknowledge this kind of misappropriation isn't legally prohibited. which is a shame i think. apologies if i'm showing my ignorance here.

i would like to know what i paid moneyclaimonline £120 for.

today i received a claim form from the court - am i going to need to fill this out?

is it sufficient to send in a copy of my spreadsheet to the court? that is not what the order is asking me to do.

linking into the first question; if i have to fill in this claim myself have i not done what i paid mco to do?

sorry if i didn't stick to simply questions or requests for help. all this is bringing me down and i just wanted to vent. no offense meant.

many thanks for any answers you can give me ;)

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What directions exactly has the court sent you ?

The exact wording please ..

You paid moneyclaimonline (mcol) exactly what you would of paid if you had taken the claim form to your local court

 

The bit of your previous post i would like you to edit is the reference to 'illegal' this can be seen as liabelous to the banks :)

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figured it out and have edited as you asked :)

 

the gen form of order states;

"it is order that: 1) claimant to file and serve amended claim form setting out in detail the nature of the bank charges complained of by 4:00pm 16 july 2007."

the second is giving barclays even more time to amend a defence and that it will be referred to the district judge on 31/07.

 

it confused me as i didn't send a form for me to amend. thanks.

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