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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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callum.golding

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Hi there,

 

I am about to send in a SAR. I had an Advantage Gold just before Christmas but now have just a current account. I have received charges while on both of these types of accounts. Will the charges be dealt with separatley or all as one.

 

Thanks alot


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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If the account number is the same, then you have to treat it as the same account. Otherwise, treat as separate accounts.

 

However, if the account numbers are different, you could list the numbers within the same SAR letter if the accounts belong to the same person.

 

Send your request by RECORDED delivery.

 

GOod luck.

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Just what I needed to know. Great help thanks bennyowen


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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While you're waiting on your statements, Callum, have a read of Nattie's post about Adv Gold. You may need to separate the (unclaimable) monthly fee from the charges.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html

 

Good luck, keep us all posted.

 

OB :)


Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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I'm still awaiting statements. They do like to take their time dont they!!!

Good news is I won against Barclays yesterday!!!!! Hooray.......


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Guest NATTIE

Sorry i picked this one late, with an advatage gold account when it is converted, apart from the type of account you have, nothing else changes so account number would be the same. SAR is 40 days max so we could be going overtime with this.

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Hi all,

 

I got my statements today. I've gone through and calculated £1,328. I am a bit confused, on the statements it will say above almost every charge, Interest - then an amount usualy in the £5.00 region. I haven't been adding this amount on, should I, and if so do I just add it to the amount of the charge below it.

 

Hope this makes sense

 

Callum


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Hi Callum, if i'm reading your post correctly - I'd assume the interest is what you're being charged for going overdraw/over your overdraft. If this is the case, you need to download one of the interest calculation spreadsheets if you'd like to claim this back. Basically, you can claim back the interest on the charges only - not the interest for any agreed overdraft that you may have. It's complicated to work out - but worthwhile if it's a few extra quid! Good luck, hedgey xxx:p


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Hi Guys,

 

Slightly annoying but yesterday I sent off my LBA. Guess what? ....I get home and check my post and I recieved a letter from Natwest! Sods Law!!!

 

Anyway I'm quite concerned now as the opening line to the LBA is " I am very disappointed you have failed to respond to my letter dated 1st May 2007"

 

There letter says

 

"Thank you for your recent letter regarding the fees applied to the account. We are currently considering your claim. Given the work involved in assesing your claim we anticipate that we will be in a position to respond within 6-7 weeks, but will endeavour to do so sooner if we are able"

 

Should I write another letter and address it to the guy from Natwest explaining I've sent a letter with a 14 day deadline before filling a court case, or should I just leave it as it is and just start counting down the 14 days.

 

Thanks alot

 

C


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Callum

 

You are too generous. Simply ignore their letter. They will receive your 14 days deadline on your LBA. Let them worry about it. The idea of 6-7 weeks of investigating your claim is a fob off.

 

Prepare for your court action after 14 days, waiting for 7 weeks is not recommended. That is their formula to delay things as much as possible.

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I love the way they try and delay things. I think they think we will suddenly give in.

 

I actually went all the way with Barclays and it got to the sending off of the court bundle stage until they emailed me with a settlement, so I know how much they love to hold out!!!

 

I'm doing this for a friend but he does not really want to go to the court stage unfortunalely as he cannot afford the fees although you get them back. I've tried persuading him but he'd like to just take the offer (if they give one that is). I wonder how many people have done the same and the banks are laughing by getting away with only giving half the money back!!!!


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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It doesn't matter if your friend can't afford to file at court straight away, he can wait till he's got the money to do it, I'm in the same position myself. He can always file later on. A lot of people are having to wait the 8 weeks out for the same reason. Sometimes Natwest are coming up with full amount offers, he might be lucky.

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I love the way they try and delay things. I think they think we will suddenly give in.

 

 

Obviously thewy don't read this site or they'd know with what respect they are viewed!!

 

Steven

 

If this post is helpful, please click the scales


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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No time for reading with all our claims were firing at them!!!!


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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No time for reading with all our claims were firing at them!!!!


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Apologies for not responding to this thread and updating.....This was won in full shortly after the LBA was sent

 

THANKS for all help & advice!!!!!!!! Two Succesful claims to my name so far....and about to begin the third

 

Thanks again


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Well Done Callum

 

CONGRATULATIONS!


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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THANKS AGAIN....nice & easy in comparison to one week before Court-date-backdown like Barclays!!!!!


Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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