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    • Hi everyone, Thanks for the responses. Just a few follow up questions in light of what's been said:   If I dont appeal to PPM, who can I appeal to?   Why should the PCN been attached to the windscreen? Is this written in law?   I assumed the document I had received was the NTK, if this is not the case, what does a NTK look like?   Regarding the compliance with the Protection of Freedoms Act, could the "period" of parking not be argued either way? The legislation doesnt state it must have a start/end time of parking, which I assumed an ANPR camera would pick up if it had one. Is 4 minutes not technically enough to show the vehicle was parked?    Thanks !
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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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JackG - V- Barclays Bank


JackG
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ok cheers saintly 1 - but do I need T&C's from when I opened the acc in ??1987 or do I need T&C's from 2000 when I cam claiming from - not sure which question you have answered above as I posted 2 one right after the other

 

thanks Jack

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ok cheers saintly 1 - but do I need T&C's from when I opened the acc in ??1987 or do I need T&C's from 2000 when I cam claiming from - not sure which question you have answered above as I posted 2 one right after the other

 

thanks Jack

 

Ideally you should include the T's & C's for the period when you opened your account, cos this is what Barclays use in their defence.

"at the time of opening the account the claimant was made aware...blah blah blah.

I would just get the closest ones you can

Personally I dont think you will need them anyway, its just another procedure to keep things on the straight n narrow.

.

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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  • 3 weeks later...

Hi all, well here we go again, getting bundle ready to print as it needs submitting tomorrow, have just read a thread below which mentions BBC Commission conclusion should be included in the bundle, but I can't find it anywhere, can anyone give me an idea as to where to find it please???

really need it urgently!

 

thanks

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Also, I can't find Barclays T&C's from 1987 as that it when the account was opened, anyone got one from then or maybe just after that

 

a link would be appreciated thanks!

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BBC NEWS | Business | The Money Programme bank commission is that the one you want ?

Havent heard of any T&C's about that are that early. My account was opened them but I will be using the ones from when it turned into the Additions Account in 1996 plus a few others from the years of my claim :)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html I know you proberbly have this link to the T&C's but just thought i would give it just in case :)

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cheers saintly 1 for that. I have already printed off the T&C's from when it changed to Additions Acc and that is in my bundle.

 

well ready to number now and copy, could be a long night

 

thanks a lot

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ok guys, have today posted off 2 x bundles. one for court and one for barclays litigation team as on wednesday it will be 14 day deadline for receipt of bundles. have been reading other threads and realise Barclays seem to be asking for a stay! Does that mean an attendance at court in 2 weeks time for me or what. despite numerous emails to PQ we have had no response from him. Don't know whether it is worth calling him later this week to ask for settlement or not, it seems that asking for a stay is obviously another delaying tactic. Can the Judge rule decide if they get a stay or does it automatically happen due to OFT case coming up.

 

Does anyone know when the big case is going to happen or are we awaiting results of their investigations as I can't seem to find out anymore info.

 

Anyway, had a feeling something like this wold happen to us, just our luck. Been watching all other threads along the way and see success after success and just as we reach the last hurdle, bumph! stopped in our tracks.

 

Never mind, lots of us in same boat it seems. Just our hard luck!

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The start of the test case is in January and from what i have read will last months rather than weeks and may/will go to an appeal if banks lose..then how long is a piece of string!

As for the stay issue, Judges have to make an order to stay a case so this cannot be done automatically by virtue of the test case announcement. However, it seems that certain judges in certain courts have already made their mind up and made the order to stay cases, hence letters have been sent to claimants stating this before the hearing.

 

I know how you feel, Quinn was due to pay me on the day of the announcement and my hearing is on Wednesday. I am looking to avoid the stay, up to now the court is not staying cases and has not received an app to do so.... so we'll wait and see

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Hi Jack,

I've been away for a few days so just catching up with your posts. Hope you had a good break.

As you can see the whole scenario has changed and it would seem that the banks have the whip hand at the moment, thanks to OFT and FSA. (Office of FAIR trading is a contravention of the trades descriptions act for a start, there's nothing fair about this!)

 

This link may help if you have to apply for a stay, Jack, just adapt it to your circumstances.

 

If you already have a court date, it should be taken to court with you alongside your usual bundle and witness statement so you can argue against a stay if one is proposed.

 

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

 

 

It is said that the Master of the Rolls gave judges discretion over stays, but said they should be considered individually on their merits. It would appear that some judges are ignoring this and issuing 'blanket stays' . However, you are entitled to ask for a removal of stay if you get one.

It's a beggar ,Jack:( -you being so close to completion as well - but stick with it. 8)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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A little bit more Jack, for your

 

info:http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch

 

The above links are much appreciated. I could not believe the news when I returned from holiday as I had not read papers or heard anything the whole two weeks I was away. So to read up on what was happening was a sickener, to further that, yesterday we received from barclay's a standard pre-printed letter (that will most likely be sent to every customer in the process of taking them to court) advising that they will be applying for a stay and a leaflet giving general frequently asked questions and answers (their versions of course). I then rang the Court to ask have they received the stay request in writing yet or did they think Barclays would just appear on the day and reqeust one. They said most probs B's would appear on the day of my hearing and request a stay and it would be up to the Judge sitting whether a stay would be decided on. If however, they wrote to the court requesting one before the hearing and the judge decided on one then I would be notified in writing before the case and the case would be cancelled. In other words, if I don't hear anything I have to go along on the day!

 

Bummer or what? Can't believe our luck to come this far down the line and be stuck like this. waiting what? 12-18 months for the outcome??

 

Your links are brill, will most certainly be using them and taking them along with me. Do I submit to Judge on the day of the case should we get there, or do I post to his earlier, don't quote know what to do.

 

Anyway, yes had brill time, didn't want to come home and back to the daily grind, but don't all hols get you like that? Well, will just be plodding on I suppose but will keep you all posted to latest happenings.

 

thanks again yr advice, you are truly supportive and its all appreciated

 

best wishes Jack

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Glad to be of help , Jack.

 

I think we're all feeling our way a bit now, but it really depends on your local court I think, and their tolerance of the banks playing the system.

 

The way I read it is, if you are notified of a stay you have 7 days to contest it. However , if you are actually in court when a stay is awarded, you can try to have it removed there and then. However, it would help to have to have your 'stay removal arguments' to hand, together with a precis of what you had sent to the bank over the period, and the lack of response you had from them. I think most of this is in the leads I sent you.

 

I just hope your court is sympathetic to you, Jack - or it could just be a case of riding the storm.

There is loads of support around, Jack - stick with it , Girl - it's still your money. icon7.gif

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Sorry Jack I nearly missed this bit:

 

Do I submit to Judge on the day of the case should we get there, or do I post to his earlier, don't quote know what to do

 

You can only apply for removal of a stay when you have been notified that one has been granted - so you can't ask the court in advance if no stay is in force

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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With regard to the precis I mentioned Jack , something like this would be OK I think (courtesy of Auburngreeneyes on HSBC forum, I'm sure she won't mind) :

 

19.012007

Hand delivered request hsbc telephoned

 

23.01.07

Hand delivered typed

Copy of claim No Response

 

22.02.2007 No Response

 

28.02.2007 No Response

 

Mcol claim filed

 

01.05.2007 defence submitted

 

05.05.07

Letter to DG No Response

 

 

07.05.07

Email to DG No Response

08.05.07

Email to DG No Response

09.05.07

Email to DG No Response

 

10.05.07 received from court notice of transfer

 

14.06.07

Letter to DG No Response

 

15.05.07 letter of allocation and order arrived from court

 

06.06.07

Letter to DG recorded delivery

 

Copy of previous email No Response

It'll show how hard you have tried tov keep this out of the courts

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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http://www.consumeractiongroup.co.uk/forum/barclays-bank/76679-johnsworld-barclays-bank.html

 

Read thread 93 on this link Jack - it's not mine incidentally, but it'll give an idea of Question & Answers to be prepared for - not to mention the sneakiness of the banks! Another day or another judge and it could have gone the other way :)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Are you OK Jack? Or have I blown your fuse with too much info? LOL ;)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch

 

I'm fine and thanks for asking. Hope you are too.

 

Anyway, no my fuse not blown YET! but theres time, I can tell you. Dreading 23rd Aug, my day in Court and yet read ICY thread re' list of courts and their decisions over stays - and my court happens to be one of them that are issuing stays until outcome of OFT case! Why haven't I been informed in writing, seems total waste of time going to Court on 23.8 to be told that stay is decided by DJ. Am debating whether to ring them Monday and advise them again that I have been notified in writing by Barclays that they will be asking for stay and as all cases have been stayed at that Court even though I have not received Barclays defence as yet, will mine not be automatically stayed and if so, why has court not advised me in writing. Is case cancelled or what?

 

Your links above are great by the way, will be catching up on some reading this weekend to try and get up-to-date with it all, just been so busy at work and at home and sort of realised that my case will not be going ahead at the moment. I think in all fairness, courts should have decided to play case by case at this stage, but any new claims should be stayed, as we haveput so much work into our bundles etc. it doesn't seem fair when Barclays have not even acknowledged ours, never mind submitted their bundles.

 

Well, if anyone else reading have not heard from their courts until case date re' stays, pls let me know.

 

cheers johnnymitch again for your valued input, best wishes JackG

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Johnnymitch, just finished reading johnsworld v barclays, didn't he do well, wish he could come to my court case and speak for me also, his daughter should be very proud of him.

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it doesn't seem fair when Barclays have not even acknowledged ours, never mind submitted their bundles.

 

There you go again, Jack, using that word 'fair' - you should know by now that's not in the vocabulary of the FSA, OFT, FOS, or most courts at the moment . :rolleyes:

 

Incidentally, have you had time to sign the Downing St e-petition that's open at the moment Jack - apparently it' s getting thousands of hits every day. Every one counts and only people pressure will shake this lot to get something done about it :

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=7&a=108

 

and:

Petition to: follow the Bank Charges Reclaiming Charter, which aims to end both the current suspension of reclaiming & the financial misery caused by unfair penalty charges.

 

Let's know how you get on if you phone the court please, Jack . It's a funny time for everybody at the moment, sort of uncharted waters, but we'll all help each other if we can. :) Keep your chin up !

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch

 

Thanks for the above links, yes signed the petitions, here's hoping they do some good for one and all!

 

Received letter from Court yesterday which reads as follows

 

IT IS ORDERED THAT

 

1. The claim is stayed until one calendar month after final judgement in the test cases (including any appeal) or 31st October 2008 whichever is the sooner.

 

2. Either party may upon notice to the other appy to lift the stay at any stage up to the earliest of the two dates provided for in paragraph 1 above.

 

3. if no application is made to lift the stay or seek further directions before the earliest of the dates provided for in paragraph 1 above the claim shall stand dismissed without further order.

 

4. Because this order has been made without considering representatives from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court, (together with any appropraite fee) to arrive within 14 days of service of this order.

 

5. The case listed for hearing on 23rd August 2007 is vacated.

 

 

 

In other words, my case is stayed and I don't have to attend the court on 23rd as the case no longer exists until results from OFT case is finalised.

 

I think I must then apply to the court within one month of the finalised date to carry on with my case??

 

Need advice from Moderator please if any on line tonight - thanks a lot

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No, only received letter yesterday from Court, and it appears that DJ Howard considered the papers with neither party attending and he has stated that ' upon it appearing that the issues in this claim are identical to those likely to be the subject of proceedings in the Commercial Court between in the Office of Fair Trading and certain financial institutions (the test cases) pursuant to an agreement made on 25th July 2007'

 

So although I got standard pre-typed letter from Barclays over a week ago saying that they would be applying for a stay, it seems that they must have been going to apply on the actual court case date, however, the DJ has pre-empted that and applied a stay anyway.

 

Reading through other threads tonight, it seems others have appealed their stays, some have recieved another court hearing and some haven't, but I think my local court is one of the courts that won't lift the decision and is awaiting the outcome of the OFT case, so I really think I'll be wasting my time well and truly!

 

Think I'll have to bide my time like hundreds of others and await outcome also.

 

thanks yr help Saintly1, much appreciated

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Hi Saintly1 - just a point from Jack's last- if the defendant hasn't asked for a stay, can the DJ apply one anyway? If so, will it not be easier to have it removed , on the grounds that it wasn't asked for?

 

Also, surely the banks have to pay for each individual stay request @ -is it £35 or £65 a time?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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