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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • jk2054
      Evri lost 2 parcels approx. £600 (part 2)

      By jk2054 · Posted

      Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Gav vs Barclays

gavthegardener

By gavthegardener
in Barclays Bank

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gavthegardener

gavthegardener

Posted
Posted

Hello all.

 

Been follwoing your progress with interest over the last few months and now have arrived at the offer form Barclays stage, next comes the court bit and things are getting scary so I thought I'd start my own thread now.

 

First question:

 

Do you have to respond to their paultry offer? Or can you just get on with court proceedings?

 

They offered me #750, about half of the #1500 they owe me.

 

Thanks inadvance, good luck to those in progress and congrats to those who have won. :)

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crashbandicoot

crashbandicoot

Posted
Posted

Hi Gav, you don't have to respond to their offer, especially if it is very close to when you're about to file your court claim. So go ahead with that if you want to, they'll soon know you've rejected their 'generous' offer. You can, of course, send them a letter from the templates to say that you'll accept it as partial payment, and pursue the rest in court. Either way, they know what the next stage is, as you've already told them!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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gavthegardener

gavthegardener

Posted
  • Author
Posted

Question number 2

 

Do you get all your court costs back? e.g the #120 for sumbiting my online claim, and the #100 I',m told you have to submit with the questionaire?

 

Thanks very much to anyone who knows, I am a research scientist and thought I was smart but when it comes to law and its many ways I'm in the dark and just want my god damm money back of those theiving......;)

 

G

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crashbandicoot

crashbandicoot

Posted
Posted

Yes Gav, you should get these back, because the bank has forced you into litigation. When they call you to settle, just make sure you include these figures into the settlement figure. Generally, if your claim is over £1500, you'll need to send £100 with the allocation questionnaire, as you said. However, if a fee is not required, the court will let you know. My Halifax claim was just over (£1513) so I sent a £100 cheque and they returned it back to me as it wasn't needed. They had put 'no fee' in handwriting on the AQ but I wasn't sure so I sent it anyway.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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sandbag

sandbag

Posted
Posted
Question number 2

 

Do you get all your court costs back? e.g the #120 for sumbiting my online claim, and the #100 I',m told you have to submit with the questionaire?

 

Thanks very much to anyone who knows, I am a research scientist and thought I was smart but when it comes to law and its many ways I'm in the dark and just want my god damm money back of those theiving......;)

 

G

 

Hi Gav - yes you get all the court costs back - just add them to your claim.

Hope that helps

Regards Sandbag.

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crashbandicoot

crashbandicoot

Posted
Posted

Pmsl Sand! Gav, you've got two women fighting to respond to your posts...feel priviledged!!!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...
gavthegardener

gavthegardener

Posted
  • Author
Posted

The date Barclays have to submitt a defence by is tomorrow and I was wondering how long (ish, I understand it might be different from location to loaction) away the court date will be?

 

I am using the HMCS online route.

 

Thanks for your answers and good luck to everyone :)

 

Gav

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bennyowen

bennyowen

Posted
Posted

Gav

 

If the bank submit its defence, the online court popularly known as MCOL will transfer the case to your local county court. You and the bank will then be notified of the transfer and you will get a copy of the defence filed by the bank. The letter from the court to both of you will also contain an Allocation Questionnaire(AQ) to complete and return.

 

After the AQ is returned, the court will then set a hearing date.

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Shuff

Shuff

Posted
Posted

I thought, if you had gone the MCOL route, they are doing away with the need for an AQ now?

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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bennyowen

bennyowen

Posted
Posted
I thought, if you had gone the MCOL route, they are doing away with the need for an AQ now?

 

There will not be need for AQ if the bank fail to submit a defence allowing you to request judgment by default.

 

However, most banks tend to submit their defence at the last minute. Therefore, the processing at MCOL stops when the bank submit their defence and the case is transfered to local county court. All communication will then be with the local county court.

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ramouth

ramouth

Posted
Posted

My court date came through about 1 month after i reterned my AQ. The actual date for court was a couple of month later (next wed in fact!). It is a very slow process but worth it in the end. Good luck! x r

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madhouse5

madhouse5

Posted
Posted

Also quite a few of us have the courts have done away with the AQ especially if you filed through MCOL, it speeds up the process. I however filed through local court with N1 and received AQ which I'm returning this week.

 

Good luck, madhouse5:)

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Bookworm

Bookworm

Posted
Posted
The date Barclays have to submitt a defence by is tomorrow and I was wondering how long (ish, I understand it might be different from location to loaction) away the court date will be?

 

I am using the HMCS online route.

 

Thanks for your answers and good luck to everyone :)

 

Gav

 

The answer is: It will depend on where in the country you are. However, most courts are now chock-a-block with cases, and you are looking at an average 3 to 4 months to court date.

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