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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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going to court soon


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Hi can anyone offer any advice - have to file court papers on the 27 and am really confused the best way to go N1 form or online? can i copy and paste the N1 form avaliable on this website and take that in to local court or do they have the form avaliable in the court, and do i need to take any paperwork with me to the court. sorry for all the questions am really confused and dont want to mess this up:confused:

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You can download N1 from here:

N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

 

and cut and paste the POCs from here

N1 - hard copy version - Particulars of claim

4. Particulars of claim - N1 - hard copy version

 

you cannot save the download N1 so when you have filled it out, print off several copies

 

do i need to take any paperwork with me to the court.

 

Only your schedule of charges
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micheal,

 

thank you so much will prepare these ready, barclays had sent me a letter in response to my first letter asking for charges back saying they will be in touch on or before the 16 March but i have not heard anything, in the mean time my 14 days had expired and have sent the LBA, should i contact Barclays regarding their deadline or ignore it and contiue to my deadlines? anyone had any of these letters before?

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Recieved a letter of offer today off barclays for 1135 orginal claim 1510 and with interest it amounts to over 2 grand i am sending the letter of rejection today - if barclays do not contact me within the time scale set in my LBA i take it that i continue on with court papers, - will it be for outstanding amount (with settlement offer taken off) or do i claim for full amount as orginally requested. Sorry to be a pain

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Thanks Torigirl_uk

 

Thanks for that posted my rejection of settlement offer on the 21st and barclays have until 27th March to reply will file papers on the 28th March, will be getting N1 form ready over the weekend

can anyone help on this part

 

how do i work out the court interest, i obviously know how much my charges are and the 8 % interest, as i have used the spreadsheet to do this but how to i work out the court interest

 

Also

 

When sending my schedule of charges to barclays i also included a how much the 8 % interest amounts to i done this back in Jan, so when filing my N1 do i have to add the amount of interest i sent in with charges or do i redo the charges to total amount of interest to date.

 

I am thankful for all your support

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but how to i work out the court interest

 

Do you mean the daily rate? iF so it's just your charges x 0.00022

do i redo the charges to total amount of interest to date.

 

If you open the spreadsheet it uses the date on your computer to automatically update the interest to today's date.
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Thank for your reply Micheal sorry for going over the same things again just want to be sure that i get it right, unfortunatly no i did not use the spreadsheet on this website i used the one on GMTV site as i did not find out about this site untill i has sent of my first letter for request of charges but must say as soon as i logged on i was converted this is a brilliant site. So in response to your response do i just do a new spreadsheet (off this website) and with updated interest charges to date and on the N1 claim form do i add this 8% interest under the overdraft interest sum and under the interest under the courts act enter the amount calculated using (your charges x 0.00022)

 

sorry to ask again just wanna make sure i am so rubbish with maths.

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GT

just out of interest have you used the spreadsheet from CAG to compare figures on your sheet?

 

If you do this, as Michael states, the interest is auto updated so when Barclays contact you to settle, you can open your excel document and it will be there in front of you.

 

dont forget to add your court costs on too.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi, no have not compared figures but think i will do that now, so am i right in thinking it is ok for the 8% interest amount to be different from date of claim.

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Thats perfect. Thank you so much for everything you are really a great help, am now filling in my N1 form and just wanna make sure i got my numbers right for the court interest i calculated that it is £880.91 from £1510.00 charges and £492.08 interest added that together and X by 0.00022 which i got 0.44 then X 0.44 by charges including interest - is that right giving me a total of £2882.99. Please help really cant afford to mess this up.

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sorry for so many question but for the N1 form where it says (5a) the return of amounts debited - sum of £ do i add in basic charges or sum total including interest and court fees?

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Hi can anyone help i took my N1 claim to my local county court and the lady on the reception said that under the Charges section where i have put overdraft interest i need to state what sort of interest it is like under the court interest it states it comes from section 69 i have to do the same thing for the overdraft interest. has this happened to anyone else and does anyone know what i need to add to make the judge know where the interest is comming from, also the lady said something about whether it is contractual interest and including something from my terms and conditions? Can anyone help barclays LBA deadline was 27/3/07 which is today

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i don't think you can add the interest on to your charges to get your daily rate of interest.

i think you should have charges + 8% interest under s69.

you can then claim daily interest from the day you served your claim which is 0.00022 times your charges (£1510) which comes to 0.33 per day.

i hope thats right , maybe someone could clarify it better.

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Exactly right Dickeggsy - its just your charges total (not including the interest) X 0.00022 = daily rate, which you can charge up until the bank settles

Hope that helps

Tori:)

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i see where you have got mixed up.

your charges come to £1510 and you can claim 8% statutary interest under section 69 of the county court act.

you can also claim a daily rate of interest which is the figure you get when you multiply your charges by 0.00022 which comes to 0.33 a day in your case from the start of your claim or the date you submit your n1.

this is what you should have stated in your particulars of claim.

could you post your particulars just to clarify what you have stated.

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Hi all

 

Thanks for all your help and responses have now filed my N1 claim form done this on 28/3/2007 - got help with all the interest charges from a lady in the finance department at work who has claimed back her charges.

 

now reading up on the next stage.

 

now keeping my fingers crossed that barclays will settle soon.

 

will post my progress

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Hi just a little update (with a question- as usual) i telephoned barclays (I know i shouldnt) but i have a second claim with them for £210 and the deadline for my LBA is on the 5th April and have not recieved any letters from them watsoever, and thought to myself are they really gonna go through the court process for £210 so i checked to see if they have signed for my letters - they have then i called and lady at barclays said they have no record of my letters and said that she would start the complaint from today - i did not want to do this as this does not seem fair if they have lost my letters, i suggested i photocopy my letters and recorded delivery slips and send them to them but really not sure what to do - not send them anything but stick to my deadlines or start again - any ideas

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