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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Margimarg Vs Barclays help!


margimarg
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Do you get any sort of error message on the page anywhere?

just says keep to so many lines,or letters,of which I am well within limit,also says must fill in all *questions checked many times and its all ok

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submited claim form,but it was refused,template letter is more than 24 lines,according to help line,so how do I cut it back,has anyone got another letter I can use,I used the one on this forum have others had a problem,Im so close now so eager to get it right,please advize

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as template letter do you mean the particulars of claim?

this is what i put in mine:-

 

The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999, Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

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: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...
Well 28 days now up,went to moneyclaim,it says no further acton online as Barclays disute full amount await further notice,what happens next its nso scary to get this far any advise very appreciated,many thanks

 

hi all this information is contained in the step by step instructions have a read through.

 

Also this link will help.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

5 threads merged please stick to one.

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Hi When and how will I recieve allocation questionire,I have read helpfull threads on how to fill it in but unsure when and how I will get it,thank you all for help I could never have managed on my own also ,on the money claim site it said Barclays were disputing full amount claimed is this normal,or do they mean I have got the figure wrong on the amount I have worked out, they owe me and this is why they have refused it,bit concerned at this.

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Hi, you will get the AQ, unless the judge decides to leave it out, from the court through the post.

There will be a covering letter with it saying wether or not you have to pay a fee. [get this back from B's]

.

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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Well today letter came I was expecting Questionaire for court in Northampton as Barclays are defending,but I have recieved A Defence and Counterclaim court letter with Barclays Defence ,I now have to make a counterclaim to and pay a fee really dont know what to do now,please advise soon as poss thanks

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The trouble is 'marge' you have started your thread way down the process, can you post more info,.

It sounds like B's are disputing the information you have supplied, maybe too vague in you POC's or maybe not sent in your SOC's.

 

Have a read of B's defence and post it on here

 

If you had started the thread from day 1, we would know why this has happened.

Saying that, its nothing to wory about, youre not being made an example of and it doesnt mean that will be facing them in court.

.

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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Well now its being moved to local court,no allocation questionaire,so what now,do I wait for court date, or do I send off my paperwork,and can anyone send me all templates of what I need to send, ie court bundle and what else,so near so please dont let me blow it now,many thanks,this has been going on for 9 months due to house fire and loss of computer for a while so it would be great to get it over,in a good way if poss.

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You now wait to hear from the courts.

 

You could use the time preparing your bundles to save a last minute dash....

Click the following link....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Use that as your basic bundle and add anything that is applicable your your own claim.

You will need three copies, one for the bank, one for the court and one for yourself.

 

Good luck.

Regards, Rooster.

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Well recieved letter today from Barclays saying our new credit limit is now £1800 it was £4000 and we have just recently paid off £2000 so now if we wanted to use the card we could only spend £100,how sad is this,we have been loyal customers for 30 years and our limit has always gone up,now we are at the court stage they throw this little tantrum ,well who cares there of plenty of other cards its there loss,just one thing when I filled in the money claim what should I have sent to the court and Barclays,just seen on some threads about this and I fear I missed this please advise thanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

£

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You should visit your bank and express your dissatisfaction.

Tell them that unless it is reinstated to its original limit or an acceptable reason is given for the reduction, you will close the card account add the details to your court bundle and use in your defence as the bank using this as retaliation for your current actions against them.

 

I did this when they 'accidently' cancelled my overdraft, it was restored the same day.

.

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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Is this your credit card?

 

If so get rid of it. I would transfer remaining £1800 balance and get 0% interest on it for a good few months.

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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I agree with Dar

 

Why should the banks be allowed to get away with this just because we have taken the steps to get our money back from them.

 

Did they give you any reason as to why they took this action?

 

Maybe worthwhile checking with the FOS to see if Barclays are actually entiled to do this .

PPMAN159

 

If this comment has helped please click on the scales.

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HI thanks for reply yes it was creidt card and yes I will transfer to another card,but hey if they carry on like this,cancelling accounts, stoping overdrafts and giving you less and less on your card are they not in danger of shooting there self in the foot(like I care) but it is so childish,and if we all move on, it must effect them in the end.

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Meanwhile, I have merged your 5 Barclays threads together. ;-)

 

All you have to do is reply to this thread at the bottom, where it say quick reply, and that's it.

 

If you lose your thread, click on your username, it will bring up your CP, where you can find all your threads and all your posts. ;-)

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