Jump to content


  • Tweets

  • Posts

    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Start of a battle


intercityman
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6245 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • 2 weeks later...
  • Replies 109
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

14 days in and still waiting. Can any one tell how long it takes barclays to comply with sar ?

 

No acknowledgment and money not taken from account either ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

OK I have had a response from Barclays, in reference to my original claim on estimates. I shall post the details later. But in essence the letter says it all wrong but as a good will gesture they will offer me £735 but this is ther final offer and i have to sign to agree this and send the letter back.

 

I am obviously not got going to accept this as i have recently now written to them asking for my statements. I shall tell them i will take this as part payment and pursue them for the outstanding amount. I assume barclay wont actual pay this to me though as a part payment and when my statements come i will need to right to them again request the actual amounts.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

Barclays in my mind are the toughest cookie !!

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

OK a quick update:

 

Sent Estimates of charges

Then Asked for statement after branches said they couldnt.

Barclay then send initial offer for £735

I then I send a letter saying I will accept this as part payment whilst i await my statements.

 

Today I recieve a letter from Helen Davies, from Retail banking customer relations in Swansea.

 

She thanks me for my letter then goes onto say

 

"I am sorry you remain unhappy following our response to your compliant and not that whilst i am accepting the amount offered, you will be seeking the balance through the small claims court

 

I confirm our offer, made as a gesture of goodwill, was in full and final settlement of your complaint. As such, I am unwilling to pay you the sum of £735 as an interim measure"

 

it then remind me i still have time to accept there offer.

 

 

I assume its say to say this is standard practice with Barclays or has anyone else recieved a part payment before persuing the rest.

 

Any advice at this point. I am still waiting my statements.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

Standard practice to offer you between 30% - 50% of the full amount. Wait for your statements to arrive, then add the charges up and send a preliminary letter

  • Haha 1

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

Link to post
Share on other sites

Statements have arrived and the quick initial tot up with the calculate suggest near £2000. So the pre lim and letter showing my list of charge is being sent in the morning. I guess the games now begin. I reckon it will be april before i see my money the speed of barclays

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

Hi all just about to send the second prelim letter with actuial figures this time. I am right in saying I can only reclaim my fee and not the intrest levied on them ( unless it goes to court ). Is that right or can i claim th intrest they have imposed on me too.

 

Any Advice. I dont seem to see a clear answer in the threads, and the pre lim letter suggest fee plus intrest.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

I didnt think you could claim the intrest unless you were going to court ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

ahh sorry i see what you mean.

if you are sending a letter before action you are telling them that unless they pay up you will take them to court.

i have read on other threads that some people put the interest on their letters and some leave it if till they start their claim with MCOL etc.

i don't think it really matters because they are going to have to pay the interest if it goes to court anyway.

so it's up to you really.

personally i did put it on my LBA .

good luck whatever you do.

Link to post
Share on other sites

Letter now dispatched today (12/2/07), so I guess I should not really expect much from barclays now and begin my court bundle.:)

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

  • 2 weeks later...

Hi All,

 

Recieved a letter recently from a Ms Harris in the Barclay Retail Banking Customer Relations Dept in Swansea.

 

She thank me for my letter and basically says she is unwilling to pay the goodwill gesture as aprt payment as i will be seeking the balance via the Small Claims court. Do I send a LBA in the next two days or should I now begin my claim through the courts. This is the second letter of this type as my first claim attempt was on estimates. Any suggestions ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

  • 2 weeks later...

Ok My LBA was sent early this week. I have begun the invetiable and started look at the court bundle as It appears nobody inany thread hs recieved ay further contact from Barlcay during the LBA stage.

 

I have download the court bundle and read it. It very unweilding and I could do with getting ahead of the ball now. Iam I right in assuming that:

 

1. I need a copy of all of there correspondence. ( including statements )

2. A copy of my letters sent to them.

3. the contents of the Court bundle.

 

Addiitonal i could not find any material in the court bundle that I need to personalise, is this correct ? The only personalise documents are what i have pointed out in 1 and 2.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

Any Help gladly recieved...

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

You do not need court bundle for some time yet, if indeed at all.

 

Next stage is N1, far easier than court bundle:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Send this once the 14 days have expired relating to your LBA.

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

Link to post
Share on other sites

My LBA expirys on Tuesday next week and Barclays have not sent any further correspondnce out to me. Do i entertain them with a further 7 days, to show the hjudge i have exhausted all avenues.

 

OR do I proceed with mcol or N1 after tuesday. I know if I give them a further 7 days then I will not get a response but if I have the moral high ground surely this show I have exhausted all avenues.

 

I might have to delay submission of court form due to funds ( lack of ) but i am determined to get my money back.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

Link to post
Share on other sites

your just a little ahead of me so am reading this with much interest. Good luck

 

ad

Barclays

 

S.A.R - (Subject Access Request) sent 26.01.07

Schedule sent 28.02.07

LBA sent 14.03.07

N1 filed 10.04.07

Settlement 14.05.07 (£2270)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...