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    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Incidentally, if you manage to reach Barclays about this then the best way to attract their attention is to tell them that this is the beginning of a formal complaint which you are taking to the financial ombudsman service. Tell them that you want a complaint reference number and they have eight weeks to respond before you go to the FOS. Tell them also that even if they put an end to the emails and address the problem, you still want to go to the FOS and to the ICO although you may be prepared to reconsider if they offer you reasonable compensation for the inconvenience to which you have been put. I suggest £50. Start the bidding at £75.
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
    • It's unlikely you will be able to stop them – but you should certainly be building up a paper trail of messages to Barclays informing them of their data breach and that they should stop. Do the emails give you any indication as to who the person is? Is there sufficient information for you to contact that person directly? Also I think I would contact the ICO
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Court costs where default included?


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About to issue court claim for £2700ish and noticed in their guide (EX50 - County Court Fess) that the cost "where your claim is for money only" was £120.

 

However, "to issue proceedings where your claim is for something other than money" is £150.

 

Since I am also asking for the removal of a default notice, would that mean my claim will cost £150, or does that only refer to claims which do not include a monetary element?

 

John

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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About to issue court claim for £2700ish and noticed in their guide (EX50 - County Court Fess) that the cost "where your claim is for money only" was £120.

Best to pay £150, just in case.

 

Since I am also asking for the removal of a default notice, would that mean my claim will cost £150, or does that only refer to claims which do not include a monetary element?

I seriously doubt it. Why not phone up the court and ask?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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About to issue court claim for £2700ish and noticed in their guide (EX50 - County Court Fess) that the cost "where your claim is for money only" was £120.

 

However, "to issue proceedings where your claim is for something other than money" is £150.

 

Since I am also asking for the removal of a default notice, would that mean my claim will cost £150, or does that only refer to claims which do not include a monetary element?

 

John

 

You could either ask the Clerk of the Court involved, or ask Claims on Line. I have found the staff there very helpful. One guy admitted he didn't know the answer to my question, promised to call back and did so in 10 minutes with the definitive answer!!! Mind you, as we're all breaking new ground, your question may be unique!!!

 

Onwards and upwards

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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