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    • We don't often advise appealing a PCN, it's true. It's too easy for people to out themselves as the driver and make things more complicated. We might suggest writing to a large supermarket chain or a hospital in your case, but rarely to the PPC. It isn't in their interests to allow appeals, they don't make any money then. HB
    • Can you tell us more about the car. Make, model, price paid, year blah blah blah. Please can you upload your claim form in PDF format. Was the castle with an MOT? What date was MOT? Who gave it the MOT? You have issued the claim – when did you issue it/when is the return date? How did you pay for the car? What other losses have you incurred – insurance, repairs, et cetera? You've been here since 2015 – and am curious to know why you didn't come here first before you started getting into formalities with them. You have a responsibility for the vehicle. However I would indicate to them that you are going to be charging him storage from the date that you first tried to return it to them and they refused. Did you send them a letter of rejection? You're still within 30 days and you should have done this. You say that you bought the car on 9 July. What they did you issue the claim? You should have implemented the pre-action protocol of giving them 14 days notice before you issued the claim. It appears that you haven't done this and this could pose a problem for you if the matter is raised in court. Why didn't you send them a letter of claim giving them 14 days? Please can you go to these questions carefully and address each one  
    • So, is frightened farage in westminster doing his utmost for his constituents ? or has he naffed off to suck up to the republicans in the US?   No prizes for guessing.   Nigel Farage defends flying to America to support Donald Trump as MPs debated King's Speech in Parliament CA.NEWS.YAHOO.COM The Reform UK leader was in Milwaukee, Wisconsin, where the Republican National Convention is being held   Someone check his UK expense claims
    • BTW do you think i need to include the Blue Badge or PIP letter or anything to do with housing in order to evidence my partner's disability or are the witness statements enough?  These can be easily added I just don't want a bunch of private health related documents in the public domain as you can imagine.
    • I can see you have this on 3 different forums and the advice you are getting is broadly similar on each. It all depends on your appetite for risk; sadly no one can force your employer to behave, with no potential consequences to yourself.
  • 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
      • 162 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
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Hi, hope someone out there can help me- i'm finding the negotiation of this site rather difficult. It's taken me three days to work out how to post a new thread (never used a chat room or a forum b4!!). I've received my statements from Barclays and started working out how much they've "taken" from me, then I found I can claim interest etc. -BUT when i eventually found the spreadsheets I couldn't download them; or more correctly, my comp seemed to download but couldn't open them - good old windows said it needed to know which file made them b4 opening and then couldn't find the file. This marked the end of my computer knowledge so I'm stuck. don't know if it's a prob my end or the sites:confused::-x

 

:pThere is no headache like a technology headache!!

[sIGPIC][/sIGPIC]Basil as a baby:)

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Hi Basil.

 

First, please edit your post to read......

I've received my statements from Barclays and started working out how much they've taken from me,
Your choice of word is potentially libelous.

 

I imagine the problem you're having with the spreadsheet is that you don't have MS Office installed. I suggest that you download the free Open Office spreadsheet program. Then download the open-office version of the spreadsheet template.

That should get round your problem.

 

Regards, Rooster.

  • Confused 1

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Thanks for editing your post, promptly.

 

Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 2 weeks later...

Hi, can someone please help me with a few problems?

1. I'm having trouble finding my own thread - is there a fast/easy way of finding it cos at the moment I'm only coming across it by blind luck and searching. (as i said b4 I've never used a forum).

2. Managed to download the excel simple spreadsheets (thanks for the help); unfortunately maths and spreads aren't my thing - my brain goes into meltdown when confronted with figures - English is my forte. Anyway the sheets have loads of figures etc. already in them, which I assume are there as a sample. Can someone please give me "THE COMPLETE IDIOTS GUIDE" on how to fill this with my own figures so I can send off a Request For Payment. Also slightly unclear on the interest side of things at this stage, so clarification on this also appreciated.

Thanks.

[sIGPIC][/sIGPIC]Basil as a baby:)

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Hi Basil, to find your thread, go to the top of the page when you are logged in, there is a bit on the left of the menu bar called 'User CP' this is your control panel. if you click there, you will be able to find all the threads you are subscribed to. This one should be one of them, as will be all the ones you reply to.

 

In your spreadsheet, delete all the bits that are generic example entrys such as the account details and name and so on. Insert all the info that relates to you. the same is true of the values, dates and charge descriptions in the main part of the spreadsheet.

 

As to interest, there are a good number of people who are claiming contractual interest (i.e. the same rate as the bank charges for unauthorised borrowing) a lot of other people choose not to do this. . The interest in the simple spreadsheets is 'statutory interest' usually calculated at 8%. You should keep track of this in your spreadsheet but only apply it to the claim once the case is at the court stage. Your initial demands from the bak should only be for the actual charges (and contractual interest if you decide to go this route). It's up to you which route you take but make sure you understand which is which and why you are claiming what you are

 

Hope you found your thread again, by the way, and can actually see all this :D

18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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1. A lot of people see it as 'hassle', some don't realise they can claim it, some feel it may jeopardise their case in the view of the court as seeming antagonistic and greedy, some are terrified of maths and see it as being very complicated. I haven't claimed it on my initial Barclay's claim for a combination of the above but have claimed it on my Mint claim which is more clear cut as to what the interest is for and the rate payable.

 

Just my opinion.

 

2. Here is the rub. Do you charge it at the banks current unauthorised borrowing rate, the historical rate at the time of each charge, the current authorised borrowing rate? It is all a bit unclear. My opinion (entirely unfiounded in experience and knowledge) is that the current unauthorised borrowing rate is the one to go for. It is what the bank would charge you in present situation for straying over your overdraft limit and it is published and provable. You may disagree as may the next person who comes along. I think a search on 'contractual interest' will yield a good assortment of opinions each way.

18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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Hi, I'm about to send off a Request for Payment; when working out the total to reclaim do we also count the overdraft interest charged by them on the statements? I do not have an overdraft facility so all charges accrued mainly thanks to their penalty fees.

Thanks.

[sIGPIC][/sIGPIC]Basil as a baby:)

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  • 4 weeks later...
  • 3 weeks later...
  • 4 weeks later...

well it's no surprise that i heard nothing from Barclays ref Letter b4 action, I've been a bit tied up with other things and neglected this claim somewhat but I am going to file my court claim 2morrow. Just hope I've filled the form out correctly, these things give me nightmares.:confused:

[sIGPIC][/sIGPIC]Basil as a baby:)

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Hi, put my claim in at the courts yesterday, they checked the forms and everything was ok.

 

Today I finally heard something from Barclays. This is the first time they've responded to any of my letters regarding this claim, but they make it sound like they've written before:confused:.

Anyway, the author of this letter is a Jon Rice - customer relations advisor. I presume this is the usual bumph they send.

 

"sorry your're unhappy blah blah; terms and conditions when opening an account blah blah; all fees charged in accordance with T's & C's blah blah; willing to offer £££ as gesture of goodwill (nowhere near the amount they owe me in charges, never mind the interest:mad:); 8 weeks to respond; aim to resolve all complaints internally, if unable to agree speak to financial ombudsman, hope to resolve matters for you before you take this step blah blah."

 

Also enclosed is form for me to sign accepting this piddling amount "IN FULL AND FINAL SETTLEMENT OF MY COMPLAINT", which they want returned within 7 days.

 

I presume my next step is to decline their 'generous' offer.

 

 

[sIGPIC][/sIGPIC]Basil as a baby:)

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  • 3 weeks later...

Received a letter from the courts today called "notice that acknowledgement of service has been filed" dated 30 April 2007.

 

Barclays has responded to the claim with an intention to defend all of the claim and they now have 28 days from date of service to file a defence. This was filed by Barclays solicitors who have given the following name and address for service of documents.

Barclays Legal: litigation & Disputes

level 29

1 churchill place

london

E14 5HP

 

 

I still haven't received a date for the court hearing but can anyone tell me what I do now while waiting out this 28 days.:confused:

 

Thanks, Heather.

[sIGPIC][/sIGPIC]Basil as a baby:)

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Hi, nothing to worry about here, it is running as it always does, the next stage id B's will enter their defence [if they remember].

You need to if havent already, send in an updated SOC to both parties with:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

Send this to Barclays at the address you have and by recorded delivery

Next you will get the AQ [if it hasnt been dispensed with]

Then it gets transferred to your local court, with you hearing from the judge of any directions required.

 

In the meantime if you havent already, have a read here to prepare:

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

.

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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  • 2 weeks later...

hi,courts sent me a copy of Barclays defence 2day, the usual refuting of the illegality of their charges.

However I don't understand the last paragraph so if anyone out there can translate Barclays legalese into english i would be eternally grateful.:grin:

 

"In the alternative, and without predjudice to mastters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforcable as alleged by the claimant or at all, and the charges were a consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event the defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant."

 

At no point have i received an Allocation Questionaire, is this normal, have they stopped doing them??

 

DAR£N - Thanks for your advice, you said I need to send an updated SOC to both parties, excuse me being thick but what is an SOC and who are 'both' parties:???:

[sIGPIC][/sIGPIC]Basil as a baby:)

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I don't understand the last paragraph
Standard Barclays defence - no worries.

At no point have i received an Allocation Questionaire, is this normal, have they stopped doing them??

It is pretty common now for the courts to dismiss the AQ in an effort to speed these claims up --- be aware tho, the judge may still order you to pay for it.

 

you said I need to send an updated SOC to both parties, excuse me being thick but what is an SOC and who are 'both' parties:???:

 

oops. SOC's = Schedule of Charges = list of charges claimed [spreadsheet]

 

both parties = Barclays & The Court.

 

If you havent already sent these, send them now without delay with this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

.

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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I'm on benefits and dont have to pay the court fees, does this also include the AQ fee?

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/63-county-court-fees-exemptions.html

 

Why do I have to send them another Particulars of Claim & SOC,they both had one when the case was filed at the courts?

sorry to confuse you,, your query earlier referred to my statement which actually said
if havent already, send in an updated SOC to both parties

.

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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oops, sorry darr3n - blame it on my Fibromyalgia/CFS induced "fuzzy brain".

 

going back to post 16, you said it's their standard defence (which I understand) however what I'd like to know is this - am I right in thinking this paragraph is a threat to take me to court/close my account/reduce the amount the courts might tell them to cough up?

[sIGPIC][/sIGPIC]Basil as a baby:)

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They are trying to scare you into thinking they are going to stand up and dispute this.

the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft.
How can they say this? a) the amount will be repaid PLUS interest.
it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges,
Here, Im assuming they are going on to say IF, you lose they will be seeking to get you to pay for their legal costs.

 

As long as you dont go silly like lots of people on here claiming for everything down to the cups of coffee they were drinking while sat at the computer lol, As long as you follow the advice on here AS SET OUT ON HERE! there is no reason why you will encounter any problems or personal intervention from the bank [hope the last bit is worded ok]

.

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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