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    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
    • Hello All,   My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold.    additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results.    I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get    Thanks in advance  
    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
    • Had a reply from the Council today. While they didn't specifically say the car can be parked there, they gave me this bit of info which I am reading as parking being allowed during those hours as long as you don't enter the street:     Hadn't even considered deliveries! I live just outside the catchment area so I've never had problems, but it does make me wonder how Royal Mail, DPD and the rest are handling these kinds of restrictions...
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Charges from 91-97, should I go for it?


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Lol - my fault, I typed 'put' instead of 'out'. I think I have dyslexic fingers!

 

Anyhow, good news that you've got it officially started with courts and of course, it secured the extra 8% interest for you which I argue is always worth the extra effort of not accepting any poxy offers of pre-issue settlement from banks.

 

Have you MCOL'ed or gone straight to your local county court? If MCOL, remember by now you should have to sent Northampton and Barclays a copy of your Schedule of Charges as per your particulars of claim.

 

MCOL are running very slow (bogged down with nabk charge claims) however the timescales for bank to acknowledge etc remain the same as soon as you get a date of "served".

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I have gone the MCOL route. I have sent them 2 copies of my SOC. I have not sent to Barclays yet, as I am sure I read somewhere you have to wait until you know who is dealing with it!!!!! would that be right, if not what dept in Barclays do i send it too, and what address.

 

Oh and MCOL says that it has been 'accepted' and they 14 days to reply

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I would send a copy of the SOC to Barclays Litigation Department at H/O* otherwise they are sure to come back with a Defence that includes the fact that you haven't provided a breakdown of the charges.

 

Send it attached to a courtesy letter including your MCOL Claim Number etc and send registered.

 

*

 

Barclays Legal & Compliance

LItigation & Disputes

Level 29

1 Churchill Place

LONDON E14 5HP

  • Haha 1

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Looks like yr finally getting some advice at last on a neglected thread. Unfortunately I can only offer moral support - (all my actions are settled & never even went to court - 2 more to go for friends)

 

Have been checking yr thread tho - wating for good news..

 

fight 'em like Tevez - - Good Luck !

 

C

A&L S.A.R - (Subject Access Request): 40 days up - overdue ! Now received

Co-operative Bank (business): £ 1,008 - settled in full after LBA

 

Lloydstb: £ 387 - settled in full after LBA

 

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Just to let you know I sent off the SOC to Barclays at the address you gave Welshcakes, sent it special as well. So I guess now I just sit back keep reading and wait.

 

I so wish I was with Halifax, my friend at work sent her MCOL just a few days before mine and they have settled hers, about a thousand pound short of her 8k+ claim :p

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  • 4 weeks later...

Just received my Notice of Transfer of Proceedings, which looks like it is in Chelmsford County Court. It says that A&Q to be dispensed with unless District judge at court orders otherwise. How long does it take to get a court date from here and what do I do next?

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Hi WHU

 

Only ringing the court will give you an idea of their own caseload, so that's your best bet.

 

At the moment there is nothing for you to do except trawl the site and the web for any more research pieces on pre-6yr cases. Next you will have a Notice from Chelmsford telling you one or a combination of the following whether the judge has decided to ask for an AQ to be completed, set a hearing date, requires you to serve more paperwork (which will be itemised).

 

Now, is just a waiting game for the post :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Cheer yourself up in the knowledge that the interest you can claim also, at 8%, is growing and growing....

 

I've yet to receive an AQ but I know that my case will probably be stayed, hence I'm accepting their offer on one account and leaving the other to run it's course. Then, in 2025 when it's all over, I'll have a nice holiday ;)

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Yes, if the Test Case outcome found that £35 for a bounced cheque was fair !!

:D PMSL :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Does anyone know how I can move this to the Barclays thread??

PM Saintly, she'll move it for you :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 4 years later...

Wow four years ago......Can anyone tell me. This never went any further than being 'stayed'

Am I able to re instate this case or at least reclaim my money bcak which I paid to the court?

 

Thanks

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Hi

 

If this is for charges on a normal current account then it is a non-starter these days unless you are claiming under the hardship rules.

 

Loans and credit card charges are still up for grabs though.

 

ims

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As of now, current account charges are a non starter. (Unless the hardship criteria apply)

 

Loans, Credit Cards and other Revolving Credit Accounts are available for reclaim.

 

What will happen in the future is an unknown.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 1 year later...

My understanding is that charges relating to a mortgage (ie) late payments etc / returned DD/ can be reclaimed from Building Society/Banks etc. I am in the process of claiming these charges back from

Woolwich aka Barclays dating back to 2003. If this goes to court and Barclays claim the Limitation 6 year argument my answer will be the Limitation Act clock only starts ticking when i found out about the

charges being unlawfull (ie) Dec 2012

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Hi there,

My enquiry at #45 is now a further 18 months down the line - still no developments?

Are there ANY details of cases (which one must assume, met with a degree of success) initiated by GLC but had gagging orders attached. Is it not reasonable to surmise that the cases in question will be a matter of public record where we can at least glean some useful background?

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  • 1 month later...

Hi Brown1950,

 

How's the reclaim for mortgage penalty chgs going.

 

I doubt Barclays will take you seriously at all unless and until you issue court action to recover the penalties plus interest.

 

Start a new thread for your case in the Barclays Bank forum as cases tend to go unseen here in the Woolwich forum.

 

:-)

We could do with some help from you

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Hi there,

My enquiry at #45 is now a further 18 months down the line - still no developments?

Are there ANY details of cases (which one must assume, met with a degree of success) initiated by GLC but had gagging orders attached. Is it not reasonable to surmise that the cases in question will be a matter of public record where we can at least glean some useful background?

 

I think any cases were settled before court so there's no information. I contacted Mike Dailly to ask if/when we might hope to learn more, but for now GLC are having to prioritise fighting the bedroom tax.

 

Apologies to the OP for hijacking the thread.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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