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hi Glenn

 

yep will do, are u ok with me using your N1 stuff as guidance, any further tips, it seems there is a lot to fit on the second page of the N1, i hope after all this i don,t fail by de-fault for making a daft error.

 

hels

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Of course its OK to use the stuff i have posted, thats why i posted it, and re fitting it all on to the second page if you use a font size of around 4 or 5 it fits, but its a bugger to read without a magnifying glass, so instead i would recommend using a continuation sheet!!! :-)

 

When using a continuation sheet head the paper with something like this:

 

Hell, claimant Vs Nasty bank, defendant

In the local county court

Claim no xxxxxx

 

continuation sheet number 1/2, 2/2 or whatever.

 

does that help?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi glenn

 

yes that helps cheers, i really appricate all your help, thankyou but remember i will be writing it as no computer at home. unless i can write some and computerise other bits.

 

last check is 4.59 today:p

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hi glenn

 

still not heard anything from pez chap, rather hoped i would have. last night i wrote my n1 form in rough and the only problem i struggled with was the bank restistered office, would this be the main office or my account office branch. I have : Barclays Bank

Freepost RTLA-CSUS-TCHC

Head office relations

Barclays Bank plc

1 Churchill Place

London

E14 5HP

would you regard this as the registered office.

as always

hels:)

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For filing your claim you should always use the registered office and i know you havent here, but for futrue reference you cannot use a PO box as the court wont accept it

 

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

ok i will use the address you ahve given me, mine was just one i had a thought it was the right one, but yours i will go with. thanks matey;) .

 

Pezboy seems to have left town!

 

hels bells

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hi Glenn

 

Just completed my N1, court only open between 10-4 so had no time today from work but tomorrow it goes.

Also talked to Commissioner Services, they have suggested i send everything to them as well but they are 3 months behind everything, perhaps it would do no harm to send them a copy of what is going to court eh. still nothing from Peeboy, i hope he was not a barclays spy!!!

 

;)

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Helen

 

3 months eh? i recon its more, i have an outstanidng claim with GE and it has been more than three months since i submitted the claim to the ICO hence my preference for court proceedings.

 

Best of luck give me a shout if there is anyhting you need.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

just walked round to the courts and tried to submit my N1, the floor manager checked out my form [N1] and read my fee amount which i ahd put £5.00 nominal fee, he said cold not use N1 for less than £50 quid so i said i would change the figure to £50, he then asked if i was requesting info as against charges, which i replied yes. He then told me i had completed the wrong forms, he handed me 3 x Claim form [CPR part 8] . so look like i will have to do it again.

not to worry just thought i would let u know.

 

hels

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Glenn

As you can see spelling still needs work. thanks for you offer of yet more advice, where do u think peezboy is, e-mailed him loads of times but lost into ablivian it seems. Really would ahve been useful to have furhter comments from him.

hels

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Helen

 

i think the court manager is wrong fundementally, the claim is for an order and you are claiming damages arising from the filaure of the defemdnat to submit your claim.

 

ive just looked at the practice direction for Part 8 and the tables there dont seem to include reference to a claimant asking the court to deal with this matter.

 

You have two choices, either comnply with what they want and pay the fee or go back and say you are certain that this is correct and you want it submitted on the N1.

 

dont worry i had the same sort of argument, it was submitted and heard and dealt with on the basis of an n1.

 

Ask the court what CPr restricts the value of the claim to only above £50? Id beinterested.

 

By the way whats the fee for submitting using the Part 8 application? Bet its more than £30 quid.

 

Oh an next time he asks if its for information, its not its to recover damages and order complaince. did you use the POC or siilar from my suggested thread?

 

 

its your choice,

 

Glenn

 

 

Its up to youy

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn,

this can only happen to me!!!!!

just spoken to local county court, £150 to submit this form, and yes they are sure it the right form, bloody hell.!!!I believe you are right Glenn but i suppose i will have to go do what they tell me. sorry glenn do not know what Cpr meant to ask them, clarify and i will ask. Yes Glenn i used your thread and POC to complete my form, i ahte not being able to have to knowledge to argue or debate this guy but the lady i have just spoken to again confirms this man would know what he was talking about. Yes your right the form does not have an area requesting what you would like to the courts to do, so do i still put this on

 

hels:o

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Can i add at this point even though i am no where near claiming dosh back, having talked to my accountant on Sat he agreed the calculations for interest are difficult but with his help possible, his arguement was if the bank charges are classed as unlawful and reclaimable then the interest on those charges must also be, surley this could be argued with the a mathamatical wizard [ my accountant] Wot do you think.:D

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hi Glenn

if you are sruggling to make sense of the last but one quote i fully understand, i have re-read it and my god you have no chance and i wrote it, basically the counter man at court said wrong form,he was the manager, the lady who answered the phone at court said he would be correct as he is the MANAGER, £150 to submit this, nothing on the form top ask the court to do anything. Does this make it easier to understand.

hels:o

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Helen

 

1st lesson, when you ask dont tell them fred told you so or else they will reinforce his bad advice.

 

My recommendation is to go back full of confidence and submit the form, if they question you say that the claim is correct and that you want to lodge it and have the claim issued.

 

If they refuse take it to another county court, I have heard others having siilar problems, be assured issued my claim on an N1 and its has been dealt.

 

CPR stands for court practice directions and there is a whole batch of them detailing how the courts work

 

CPR - Parts and Practice Directions

 

and this is CPR 8

 

PART 8 - ALTERNATIVE PROCEDURE FOR CLAIMS

 

Have a read I think actually this is a part 7 claim ie a N1.

 

Re tax unlawfully paid i agree.

 

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

parents evening last night so no time again to complete my new forms, however my husband has received two letters from the bank in question sent to his business address stating the same thing, only stored for 3 years etc, so he mind is beginnnig to doupt we would be successful, however i feel we have enough evidence to argue and of course the said account can be reconized by our personal name and home address. Bankstatements are never sent to the business address by the way so why they are sending their letters there i dont know.

hels

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Helen

 

Theres a letter about which states that Barclays hold data for six years post account closure i think.

 

i cant remember where its posted ill see if i can find it.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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ps

 

our account is still active and used daily, but my hubby is miffed with this so called 'marker' what is it, and why is it there, when the account is not over drawn but is used daily for business transactions. Peezboy said 100% this does not happen, can i do anything with this, i did ask what it was and was told they could not tell me.

 

hels

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Helen

a Thought occurs to me, that you could serve a SAR on them for all the ifnormation they have on you.

 

The DPA i believe, or it may be the ICO guidance cant rember which, that you cannot reasonably submit loads of SARs.

 

however, i this case you have reason to believe they are withholding data, remember your phone call notes, and they are offering to provide the required data then changing their minds it gets to actually providing the data.

 

To me that is reasonable grounds for submitting another SAR asking for all the data they hold on you and not just your transactional information.

 

They then have to send you details of everything they have on file, you can aks for records of phone calls and such like which they record, not sure whether you will get them, but it would give you a lot more info from which to make your decisions.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

yep i think i might try one more SAR but how much of evidence should i tell them about, should i write clearly the phone calls and peezboys e-mail or just simply say i have received info to the contray of what is stated in your correspondances etc, but yep i will ask for all my data in relation to this account .

 

here till 4pm today then back Tues unless my new internet stuff arrives as it should taday.

 

hels:)

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Helen

 

Re info to give them , personally i would give them chapter and verse, names, numbers dates, times and contents of the calls.

 

i would include copies of my notes too.

 

Re Pezboys info, since he/she hasn't been back and i don't know what the email says i wouldn't use it. Unless you can verify the info its worthless IMHO.

 

sadly no one has reposted the link regarding that letter about data being held for more than six years, ill repost in the general section. Problem is i am currently subscribed to over 100 threads and i keep deleting them so i cant be certain which post it was i saw it in. Ill keep looking only wish id asked the OP for a copy when i saw it.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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