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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Nursiepoos vs Barclays


nursiepoos
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Hi all,

 

Having been successful with a £11,500 claim against Nationwide last year I am now claim against Barclays for my brother (a mere £1585 lol) but having read some of these threads the dread is setting in.

 

What are these "Court bundles" I keep reading about? Do Barclays actually bother going to court???

 

Love to you all

x x x

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Wow £11,500, congratulations!

 

Nationwide obviously must be an easy fight.

 

A Court bundle is a list of documents that you take with you to court, it's evidence, case studies, your statements, etc.

I don't believe Barclays have gone all the way, however I am told that before you attend court you must provide your court bundle, it is after then the cave in.

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  • 5 weeks later...

Hi all,

On reading the Step by Step instructions (by Dave in 2006) he states that..."ALL got their money back before a court hearing has been heard". Is this still the case?

 

Thanks

 

Nursiepoos?

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No, some have been heard but only one of these resulted in anything other than an order for full repayment as far as I am aware. Others may know more.

7/2/07 - Full unconditional settlement + £50 for taking time off work :D

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Hi, Does anyone have a letter I can send back to Barclays re either refusing the offer of £700 (claim is for £1500) or the one i've seen accepting it at part payment etc etc.

 

Cheers peeps

 

nursiepoos x

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hi to everyone in the forum my name is mr moo iam going to be claiming charges againt myself back from barclays bank. i have just sent my letter off to them asking for my bank statements going back 6 years so i have just started the process. i can only find statements in the house going back 1 year and so far i total 530.00 just for one year of charges

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Mr Moo. Welcome to the Barclays forum.

 

Please open a thread of your own and post all your questions/comments there.

 

Click on this link, scroll down 5 or 6 clicks of the mouse and you'll see a box called "New Thread". Start there.

 

Good Luck

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

 

Welshman

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  • 3 weeks later...

Hi everyone,

 

I've just paid the £120 via MCOL to start a claim for nearly £2k against Barclays and now Ive been reading about what to do next. It looks like I get an Allocation Questionnaire soon and thats I have to send in ANOTHER £100. Is this right? Don't know if I'll be able to afford it, and I don't get any benefits or anything.

 

Nursiepoos :confused:

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Hello again gang.

 

I've just been reading the court bundle bit as i've just paid my £120 court fee on MCOL...HOW THE HELL AM I SUPPOSED TO UNDERSTAND THAT!!! Pant Pant Pant lol....It says make it your own and dont forget to add in your own information....BUT ITS ALL GOBBLEDYGOOK TO ME! I wouldnt know what bits to put in where if my life depended on it! Help and paper bag for the hyperventilating please. (Didnt have to go through all this when i claimed from Nationwide last year - they didnt do court bundles SOB :x )

As Scooby Doo would say.....HEYULP

Nursiepoos

x x x

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Sorry Bookworm...its just that I can never find my own thread when i log on.

Nursie :D

 

At the top click 'Quick Links' scroll down to subscribed threads and the that narrows down the search to all the threads you have posted on or set up including your own.

 

Alternatively enter your thread title in the search box and this should find it for you.

 

You may want to look at my thread as have already had one claim settled with Barclays and am now going back pre 2000.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/44145-tanzarelli-barclays-1st-one.html

 

HTH

 

Tanz

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There's no harm in looking at what's need for the court bundle etc, but you won't actually need it until you have court date, which will be sometime after you have submitted your AQ. In the meantime:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

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 sincerely,

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  • 1 month later...

Hi everyone, some advice urgently please. Im trying to sort this claim against Barclays on behalf of my brother. Have just had the Notice of Transfer of Proceedings to his local court - attached is the Defence and Counterclaim from Adrian St John (Git lol). The judge has ordered "The filing of an allocation questionnaire be dispensed within this case" but there is no such form included, do i get it from mcol or something? also, as this was sent to me from my brother I am very near, if not late, to the deadline of 14 days (order made 02 april, its the 15th today!!!)

Please help

 

Nursiepoos

x x x

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  • 1 month later...

Hi all,

 

Can someone interpret this letter for me please..

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, baried or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at blah blah Cardiff blah.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

Does it mean this is the court bundle stage??? Sorry to be dim if it is, my claim with N'wide last year was so much easier lol, they caved in within weeks. Cheers peeps, Nursiepoos x x x

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi Bookwrm,

 

Judge dispensed with the AQ in Brigend court as case was being transferred to Cardiff. Bridgend court helpline said the next Judge may ask for the AQ. This letter is the next thing ive received, no mention of an AQ.

And while im here, i'll give the details...im doing it on behalf of my brother:

 

Shaun Egan

7QZ23443

Barclays Bank

Court Date 14th Aug 2007

Amount £1,998.12 at last calculation

 

xxx

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