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    • We don't know of anyone on this forum who has had RLP organisations or bailiffs arrive at the door. They're going to threaten legal action because they think you may not know that they aren't able to carry this out and could be more likely to pay them. HB
    • Has anyone that you have known or posted on this forum received knocks on doors from them or received a ccj and been sent to court or have sent bailiffs or gave the debt to another company. if they don’t have any legal powers why do they threaten with court action 
    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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madhouse5 v barclays***WON***


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I think N1 at court as you are getting benefits, you should get the court claim for free - don't hold me to that, you must check with them. If you are entitled for free claim, then I don't think you can use MCOL.

Best to go to the court and have a word with them about it (no doubt they'll need 170 pieces of supporting evidence!)

 

As for the other points outlined above - yes, I agree annoying them isn't a good idea! However, I do believe that there are two routes you can take, firstly as you are receiving benefits, there is a form you can use to state that living costs get first payment before bank costs, if you set you benefits to be paid into Barclays again and sent that letter it may hold them off further action for now - and then when your claim wins, you could close the account. The other thing is make sure you have everything in writing - ie your willingness to pay £10/month. Send this to Barclays again, and to the DCA, stating that this is what you suggested anyway, and would be the best resolution due to your current financial situation, and add that as your accoubnt is currently in dispute, that you find Barclays actions dissappointing, especially in light of the recent Ombudsman ruling against (can't think which bank) for closing bank accounts.

 

Again, prob best to seek some clarity from someone like BankFodder on this, as these are only my opinions, and suggestions as to what I would do in your situation.

 

HTH

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I've checked and I'm not entitled to help with court cost because we get child tax credit's not working tax credit we earn a little too much for that. My hubby got promotion with pay increase a week before he was told he's being made redundant beginning of December (great xmas pressie). On a lighter note he's still got his job til end of May before they move from MK to Leeds.

 

Thanks for your advice, I'll send a letter to barclays about proposed payment plan and to see if I can get action suspended.

 

Madhouse5:)

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Just a quick update:

 

After being ill last week, was unable to file my claim with court until today. Finally went down there today.:eek: What a relief that's done.

 

Going to play the waiting game now.

 

madhouse5

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  • 2 weeks later...

Another letter from court this morning barclays acknowledge the claim 13th march 2007. Barclays now have 28 days from 8th march to put in a defence, which I they won't do until the last minute.

 

madhouse5:)

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  • 3 weeks later...

I received a letter this morning from chelmer collections, barclays in house debt collectors. Demanding overdraft to be paid back immediately or debt will be passed to external collectors.

 

Am I right in thinking that they cannot take any further action with this because of pending court case????

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You're right! Your account is in 'dispute' so they can't do anything to it. Not sure what you do as in sending a letter or phone them, maybe you could pm someone and they'd know what you need to do next in order to sort this out.:)

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Thanks tori,

 

I have just phoned chelmer collections, they are puting account on hold for a couple of weeks but will not stop action. Have given me another number to phone. When barclays passed this to collections they stated complaint had been closed on the 28th March 2007.

 

Barclays only have til thursday 5th April 2007 to enter defence. I think barclays are trying to scare me off. Not going to work barclays.

 

madhouse5:)

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Barclays are a joke!!!!!! Just spoken to another lady who told me my complaint was resolved on 13th March, the day they received my rejection letter. Now have to phone another person to sort this so my account will be put back on hold until court case resolved.

 

I think this is a case of right hand doesn't know what left hand is doing!!!!

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What the f**k are they doing?!!!! How is a rejection letter resolving the issue? So what does put on hold mean? Do you not now have to pay the overdraft back yet, but they will ask for it back at a later date. I would make sure you're not paying additions now as they have just in one go got rid of the service you were in effect paying for!!!! Not sure if you can do this but worth a go if you are paying for it:)

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By putting it on hold they are not allowed to take any action against for the recovery of the debt. I will have to pay it back at later date, which I don't mind, I'll pay it out of my claim money. I will still have over £800 left after paying overdraft of £829. I'm not paying additions fee, haven't been since about jan time.

 

I'm going to phone the other person now.

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Just received a phone call back from barclays customer retail dept, as far as they are concerned my account is not in dispute, did offer to increase the good will gesture but not for the full amount. I declined said I would be continuing for full amount.

 

But on the other hand chelmer collections very helpful, have stopped interest on overdraft for 2 months as long as I pay £10 a month, then review in May when we have more details about court case.

 

This is sooooo much fun playing with barclays.:D

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