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    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
    • 😔 looks like im stuck with them. I am a bit wiser to this kind of thing now. Fingers crossed that something will change! 
    • Travel companies are concerned that providers of pre-holiday PCR tests are profiteering.   https://www.theguardian.com/travel/2021/apr/09/airlines-warn-that-the-cost-of-covid-tests-will-stop-people-going-abroad?CMP=Share_AndroidApp_Other
  • 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.
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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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Judgement by default, am i the only one? **PAID UP**


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After having a current account with Barclays for about 10 years, I had finally had enough in December 04 and switched to First Direct - MUCH better!

 

Anyway, I saw the link about claiming charges back on moneysavingexpert.co.uk and am interested....

I was charged loads of times for going over my authorised overdraft. Sometimes £75 per week if I was over for 3 days running. The charge was £25 per day. They wouldn't help me get myself out of it by extending my authorised limit either, so i struggled for months with this. I'm guessing they got over £500 out of me. I luckily still have all my old bank statements. With me closing my account a few years ago, I doubt they will be wanting to make any goodwill gestures will they?

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Who knows if they will make a goodwill gesture. You have nothing to lose by writing to them asking for your charges back...and so much to gain.

 

Keep us posted.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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You may well have closed the account but you can still claim. Your first step is to send a DPA request - See FAQs & Library

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 3 weeks later...

Sent request for refund of charges letter to Barclays on 10th March, I already had all my copy bank statements so no need for DPA letter. I was claiming £685 in total.

 

Received reply 28th March from Head Office Customer Relations (I live outside the UK so it took a few extra days in the post). It was the standard letter I think. But as usual the goodwill gesture refund was for £255, about a third of what I am claiming!

 

Their letter goes like this.

 

'I am sorry that you feel the bank charges you have incurred are unfair and amount to a penalty. I note you are claiming a refund of £685 for the period xxx to xxx. In your recent correspondance you have referred to the charges as being unlawful at common law. Statute and recent Consumer regulations. Barclays is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of the Terms and conditions relating to the use of their a/c including details of our charges. This info clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the T&C's we provide details of these to our customers in line with the banking code. Details of our t&c's and charging tarriff can be obtained at any branch or on our web site.

 

Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund some of your charges totalling £255. I believe this offer to be fair and resonable. If you would like to accept, please let me know in writing in the pre paid envelope provided. I will then arrange for the payment to be credited to your Barclays First additions account.'

 

However I closed my account about 2 years ago so they will not be able to refund anything to it.

 

I am going to respond today with the second letter asking for charges to be refunded in full before I take legal action.

 

Any advice on this would be appreciated.

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Sent request for refund of charges letter to Barclays on 10th March, [bOLD]I already had all my copy bank statements so no need for DPA letter[/bOLD]. I was claiming £685 in total.

 

Received reply 28th March from Head Office Customer Relations (I live outside the UK so it took a few extra days in the post). It was the standard letter I think. But as usual the goodwill gesture refund was for £255, about a third of what I am claiming!

 

Their letter goes like this.

 

'I am sorry that you feel the bank charges you have incurred are unfair and amount to a penalty. I note you are claiming a refund of £685 for the period xxx to xxx. In your recent correspondance you have referred to the charges as being unlawful at common law. Statute and recent Consumer regulations. Barclays is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of the Terms and conditions relating to the use of their a/c including details of our charges. This info clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the T&C's we provide details of these to our customers in line with the banking code. Details of our t&c's and charging tarriff can be obtained at any branch or on our web site.

 

Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund some of your charges totalling £255. I believe this offer to be fair and resonable. If you would like to accept, please let me know in writing in the pre paid envelope provided. I will then arrange for the payment to be credited to your Barclays First additions account.'

 

However I closed my account about 2 years ago so they will not be able to refund anything to it.

 

I am going to respond today with the second letter asking for charges to be refunded in full before I take legal action.

 

Any advice on this would be appreciated.

 

One of the mods, BF I think, advised me to do a DPA anyway as you can get details of manual interventions that may form part of their defence

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  • 2 weeks later...

Updating as I go....

 

I posted a letter back to Barclays last Wed 29th March saying that their offer of £255 was not acceptable and I would give them 14 days to offer the full amount before I started legal action.

 

Reply received within 7 days saying that they are 'sorry that their offer is not acceptable to me but that was their full and final offer. '

 

So today I take a deep breath and write a letter to my Barlcays contact telling her that i am sorry to say that I have been forced into legal action and am proceding with action today as promised.

 

Any advice from those who have already progressed to this stage would be greatly appreciated.

 

I'm concerned about legal costs as I don't have a UK bank account, or any £££'s for that matter. I am living outside the UK. What are the upfront costs with Moneyclaim? And if Barlcays settle out of court, I assume that these costs would not be refunded?

 

Im so worried that Barlclays are doing something about all these claims behind the scenes and this will all backfire on me.

it would be just my luck.

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hello, i am at the same stage as you as i received my letter today saying that £220 was their final offer ! I am going to send them a letter as you have although i am not too sure how to word it saying i am taking them to court. I really don't know how to go about the next stage although i will stick with it too the end !

charlie

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I dont know how you will go about this being outside the UK but if you have a look on the Moneyclaim website they may have some more info for you.

 

Charlotte, You can inform them you are proceeding with your claim within 7 days and then go straight ahead and enter your claim

 

All the details are in the FAQ's section.

 

Good luck

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 1 month later...

I have my own thread already, so im sorry to start a new one...

 

I just thought it was strange that I am the only person on this forum, from what I can see, who is requesting judgement by default from Barclays. The 28 days passed and they didn't defend. The Moneyclaim site is asking me to fill in warrant of execution details. I'm really quite worried about clicking submit!

 

What will happen next?

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plenty of people have won judgement by default from other banks.

 

Click the button to get the default judgement. DON'T contact Barclays when you have that judgement - alerting them to it will no doubt see them requesting the judgement be set aside (as Abbey does each time). Apply for the Warrant of Execution and get your money that way.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Hi

Sorry to sound a bit dumb, but what happens when a judgement is set aside?

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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When a judgement is made, if the defendant says "Oy! We didn't know about this!" or "Oy! We have a defence and didn't get a chance!" or "Oy! We have new evidence just at the last minute!" they can apply to the court for the judgement to be "Set aside" - which actually means that everyone has to go to court all over again because the first judgement effectively didn't happen.

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I started another post elsewhere where I asked about personal service of summons. Severeal people stated it was not worth me doing and littered with pitfalls.

 

In view of the judgements banks are getting set aside, would personal service of summons be the way to go ?? Surely, once you served the papers you could get a signature on some form of certificate of service. That way, the banks couldn't use the old 'we never received the summons' BS.

 

FP

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Thanks for that, just wondered what happened. (especially since Abbey was mentioned). Cheers.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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  • 2 weeks later...

That's what I like to see - especially as I will claim against them tomorrow :p

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Sorry, I have been away on holidays.

 

They did pay up in full including costs and interest. Cheque received last week.

 

Whoopee!

 

Was this after the judgement by default was entered?? Or before?

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