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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
  • 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
        • Like
    • 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

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

 

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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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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.

 

What's Best for You?

 

 

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Should you be offered help that requires payment please report it to site team.

 

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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