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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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redkat74

Allocation questionaire help (sorry for the length)

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Hi I am new to this and have recently started the claim against Barclays for my charges. I sent the letter to receive my statments which arrived with the £10 cheque returned within about a week. I then calculated my charges and sent of the first letter asking for my money. I have recieved a reply which says 'we are sorry you are dissatisfied with barclays level of service and will contact you before the 30th nov to discuss the matter.'

 

Do i still send off the LBC as they have now extended to 14 day deadline, is this a standard letter or should i wait until the end of the month for what they will do and then if that is not satisfactory send of the LBC?

 

Help needed

Esther

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That's a standard letter, all the advice I have read states to stick rigidly to your deadlines. Barclays hope you will go away quietly if they just ignore you.


Worth a try :p

Requested statements 01/09/2006, received 07/09/2006, prelim sent 08/09/2006, standard response received 13/09/2006, LBA sent 25/09/2006, returned & re-delivered by hand 05/10/2006, MCOL 31/10/2006

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That's a standard letter, all the advice I have read states to stick rigidly to your deadlines. Barclays hope you will go away quietly if they just ignore you.

 

Edit - Sorry, posting seems very slow today...


Worth a try :p

Requested statements 01/09/2006, received 07/09/2006, prelim sent 08/09/2006, standard response received 13/09/2006, LBA sent 25/09/2006, returned & re-delivered by hand 05/10/2006, MCOL 31/10/2006

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Hi I am new to this and have recently started the claim against Barclays for my charges. I sent the letter to receive my statments which arrived with the £10 cheque returned within about a week. I then calculated my charges and sent of the first letter asking for my money. I have recieved a reply which says 'we are sorry you are dissatisfied with barclays level of service and will contact you before the 30th nov to discuss the matter.'

 

Do i still send off the LBC as they have now extended to 14 day deadline, is this a standard letter or should i wait until the end of the month for what they will do and then if that is not satisfactory send of the LBC?

 

Help needed

Esther

 

 

Hi whats a LBC? ;)

 

Ok send your LBA do not wait for them they are only trying to stall to see if you will give up. Continue on your timeline.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi Livelylad

 

ha i think i meant LBA was think along the lines of letter before claim. THanks for your advice i am sending my second letter today.

 

Just wondered if you can help with this, As I am now 561 pounds over my overdraft of £3000 due in the most part to the charge levied against me by the bank. I dont not feel inclined to pay any money into this account until this dispute is resolved at the amount i am claiming will take me back in to my overdraft and therefore stop the charges, Do the bank have any right while this claim is in process to demand payment in full?

 

hope you can help

Cheers Esther

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THanks for the advice I am sending the second letter today fingers crossed.

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Hi Livelylad

 

ha i think i meant LBA was think along the lines of letter before claim. THanks for your advice i am sending my second letter today.

 

Just wondered if you can help with this, As I am now 561 pounds over my overdraft of £3000 due in the most part to the charge levied against me by the bank. I dont not feel inclined to pay any money into this account until this dispute is resolved at the amount i am claiming will take me back in to my overdraft and therefore stop the charges, Do the bank have any right while this claim is in process to demand payment in full?

 

hope you can help

Cheers Esther

 

The bank can ask you to repay your overdraft in full, they usually give you an amount of time to repay the money. (30 days )

 

You can also wite to the bank and tell them you consider the account to be in dispute regarding the charges they have levied against you and not to levy anymore charges on the account. This may help.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hello

 

I have just received my reply offering a partial payment settlement of £380 when i am actually claiming about £1150 this seems quite low after looking at what others have said about what they were offered.

 

I am a bit concerned that i have not calculated the interest correctly in my original schedule of charges, not sure what to do about this now. I have had a look at the spread sheets but not quite sure i have used them correctly.

 

just want to check the next step, do I reply refusing this a full and final but accept as part payment and advise them i am continuing to pursue them for the full amount?

 

Also do i now need to get a court pack ready and register this claim with the courts?

 

hoping for help

:-|:-?:)

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Hi I have just phoned the bank as the 14days expired yesterday, to see if they were willing to settle for the full amount before i filed a claim but suprise suprise they said no they would not settle for the full amount. So i now need to file with the cournt but i am unsure of the proceedure and i have read through some other treads and the info but i want to be totally clear on what to do so i dont get it wrong.

 

Do i fill in the N! form and then go to the moneyclaims website and file my claim on there? can anyone help as i am a bit scared now.

 

Cheers:confused:

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Hi Karnevil

 

thanks for the response I am currently filling in my online claim and am just trying to find out the daily interest rate, can you help? i have 0.02%?

 

Cheers Red

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You multiply the amount of charges before any interest is added and multiply that by 0.00022.


To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Today is the day by which barclays were suppose to file a defense with the court, I have checked MCOL and under judgement it says start, then in this link there are two options, one is judgement by default and the other is judgement by addmission. I am not aware that barclays have but in a defense and therefore I should tick No. 1?

 

I also had a very interesting call from there debt recovery department, the guy on the phone said he found it astounding that people go over drawn and then claim the money back from being charged. I did tell him i had explained my position to a number of people at barclays but he said it was still my responsibility and therefore i had to pay them back regardless of what start my account was in. Talking nonsense as ususal so i finished the call as i had no more to say to him.

 

any way can someone help me cheers.

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the Cheek! Yes option one, however this probably is not the end, they will appy to get more time guarenteed!

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Hi Chesterb

 

I know they were very rude to me, i also had a very similar conversation with the Retails banking customer relations manager when i phoned up to ask why they were still applying charges to my account even though it was in dispute and currently going through the court. The manager bloke said that they would still be applied and when asked why he said 'because that my decision' rude uncooperative and in the case of the debt recovery team aggressive. i really have had it with barclays.

 

just checked and they have until midnight today to defend, so thanks for your help will let you know how it continues. :)

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Oh dear I thought they normally forgot, what happens now has anyone been here recently? It says on the MCOL website that they now have a further 14 days to reply to the claim. Do i have to do anything with regards to sending info to the courts?

 

help please i am a bit worried as the bank are phoning me about 3 times a day and i have very troublesome phone calls with them when i answer. I hve this horrible feeling they will want to take it through to the end.

 

worryingly :confused:

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Harassment by telephone - response letter

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

NAME HERE

 

************************* ***********************

 

This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office. There is now a specific complaint form which you can download from the Internet to make an official complaint and you can obtain it here:

http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

 

PLEASE USE IT

 

Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.

 

Additionally, complain to OFCOM -http://www.ofcom.org.uk/complain/

 

The Communications Act 2003 can be found here

Communications Act 2003

__________________

.

 

 

Hi perhaps you could try this letter.Or you could inform them next time they ring that you are recording the conversation. Try not to worry i doubt Barclays will take you to court and you will get your money.

Hope this helps.

Regards Sandbag

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don't worry it all sounds perfectly normal.

what date did you file your MCOL?.

from that date they are given 5 days for it to be issued,then a further 14 days for it to be acknowledged.(it sounds as if they have done that).

they now have 14 days to file a defence,in the meantime you should recieve an Allocation Questionnaire from your local County Court.

i hope that's right anyway.

nowt to worry about.

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Redkat this is normal, the banks especially Barclays leave everything to the very last minute. Don't worry they won't take it to court


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi

 

I wonder if anyone has had a similar situation as myself with barclays. I started a claim as they charged me for going over drawn and then refused to help. I am still over drawn as they still apply charges to my aco**** even though it is in dispute. I have used my right of appropriation for standing orders and direct debits, which i sent in on the 15th of December (first payment was not due until about the 25th of the month). I have been receiving phone calls from collections team about 3 times a day every day for the last 2 weeks. I wrote to complain and said that i would require all corespondance to happen by letter, they wrote back and said that they would continue to phone as it is their right and I am now getting letters as well. Then today got a letter dated 28th saying all standing orders and direct debits were to be cancelled with immediate effect, but the payments went out on the 27th then were returned and they charged me £80 unpaid DD charges for their cancellation!! I have since got that money refunded and logged a complaint.

 

Can some one help me with the First Right of Appropriation, does it apply regardless of what state your account is in? I paid in £395 to cover my bills and sent the letter long before payments were due but they have just taken that off me and I cannot afford to cover this payment again. In doing this they have invalidated my car insurance and gave me no prior warning this was going to happen. I was prepared to use them again but after this i will end my relationship with this banking establishment. Also mentioned i would pursue this through the FSA if it was not satisfactorily resolved in house. aarrrgghhh why can they not be resonable!!:x

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Hi,

 

Not 100% on this but these are some notes taken from library:

 

There is a process called the "Right of Appropriation" - this allows you to assign funds entering your account to specific events and needs.

 

Some banks do not understand this process since it is not very often used. You might need to explain it when handing in the letter.

 

Also, whilst we can try this, there are 2 possible problems;

 

1) Ideally, you should give the bank 7 days notice. If they are aware, they could disregard the request.

 

2) They may just disregard it anyway and swallow up the money. You would then have to complain and involve the banking Ombudsman etc and, eventually, get it resolved. This could take a few weeks and would not solve the immediate problem.

 

Hope this helps

 

Tanz

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Hi Tanz

 

Thanks for the response, I received a letter from them today saying that my request for 'first right of appropriation' will not be accepted due to my unsatisfactory overdraft, I am about 200 pounds over my limit at this time and it is all charges applied by the bank. Can they do this? They also say that they will take the deposited money as payment towards the outstanding amount.

 

Where do i go from here and can anyone help me with what my rights actually are?

 

cheers and a happy new year to everyone. :)

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Hi Tanz

 

Thanks for the response, I received a letter from them today saying that my request for 'first right of appropriation' will not be accepted due to my unsatisfactory overdraft, I am about 200 pounds over my limit at this time and it is all charges applied by the bank. Can they do this? They also say that they will take the deposited money as payment towards the outstanding amount.

 

Where do i go from here and can anyone help me with what my rights actually are?

 

cheers and a happy new year to everyone. :)

 

Hi,

 

In answer to your question, can they do this, i would say no. however I am not 100%. It might mean you have to file a complaint with the relevant body. I advise you to send a personal message to one of the Moderaters ASAP and ask them for their advice. You could also ring the bank direct and ask to speak to the manager. I would say if your account is in dispute they should not be able to do this, but it has been discussed on the forum that often Bank staff don't know what Right of Appropriation actually means.

 

Sorry I could not be anymore help.

 

Tanz

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Hi all

 

have received my allocation questionaire today which is fine, but i have just read BB defence slightly worried now.

 

The reason this all start is becuase i went over my overdraft by about 100quid, was charged 90quid for it, so when my wages went in the following month i was 200quid down, went back into my over draft charged again and so on. It got to the point i stopped using the account as i was paying all my wages into charges. I did contact the bank for an increase in overdraft or loan but was told not to bother (exact words) as credit rating was too low. So i stopped using them but did not repay my overdraft to within it limit as i felt that it would only be charges i would be paying back.

 

In their defence they state that

 

as in the claimants case that the failure to make necessary payments and / or failure to remain within an authorised overdraft limits, failure to arrange an authorise overdraft constituted a breach of terms applying to the account and that contractual entitlement to debit charges from the claimants acount constitutes a liquidated damage clause.

 

The charges constitutes payments the claimant agreed to make by reason of the terms and conditions of her account and were considerable for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. the defendant was entitled to impose such charges and interest when the claimant inccured the overdraft.

 

then it says

 

If and to the extent the claimant incurred charges on his/her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility, and his/her failure to bring the balance of the account back into credit.

 

lastly

 

if the charges and interest are unlawful or unenforcable with out predjudice to para 7(stating that they are not unlawful), the defendant has nonetheless suffered loss and damage as a consequence of the clainant's breach of contract in allowing the account to go into unauthorised overdraft . Accordingly, in the event that the defendant is unable to rely on its expressed entitlement to enforce the charges, it will seek to recover to the extent nessessary such loss and damage as it actually suffered, which will not nessecarily be limited to the value of said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

 

any help on what this all means appreciated, have they admitted liability or not and how much loss and damage can they of suffered as a result of my unauth o/d? help please vey worried:(

 

 

 

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its exactly the same as mine word word, ha ha so glad i read yours now, it all seems very standard

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Ive hosted a copy of my AQ and its in my thread here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/30450-fullyskinted-barclays-2.html

 

Have a look/read. Tell me what you think :)


Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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