Jump to content


  • Tweets

  • Posts

    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lastlaugh V Barclays


Lastlaugh
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6154 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi can anyone advise me? Both Barclays and the Woolwich have failed to send me the information I requested through the Data Protection Act. The time period expires today. Both sent my cheque back with the standard ........we are so sorry to hear you are unhappy blah blah blah. What do I do now? Please help!:?

Link to post
Share on other sites

Hi Lastlaugh

I have just posted a very similar post as my 40 days are up on thursday and I have not heard a peep. I have just asked for advice but I know that you have to stick to your timetable so today you have to write to the information commissioner and say that Barclays failed to provide the information you requested within the 40 days, I have been wondering why some people have had theirs and others not.

My question was though what do we gain by contacting the Info commissioner?

I am sure the address is on this site probably even a template letter.

Good Luck

Beamie:)

Link to post
Share on other sites

Hi Beamie,

Thank you I will write the letter to the information commisioner today. It doesn't help us to proceed with our claims though? Please let me know if you get any other advice on what to do. Thanks for your advice:)

Link to post
Share on other sites

You can sue the bank for non-compliance under section 7 and section 15(2) of the Data Protection Act. Look here for details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

just found this...thought you'd find it helpful...Got it off the ICO website...

 

To complain to us (ICO) you should fill in our 'Data Protection Act complaint form’. This should help you give us all the information we need. You can download the form from our website (ICO – Information Commissioner's Office) or you can ask for a copy from our Helpline on 01625 545 745.

Link to post
Share on other sites

Hi lastlaugh

Mumofthree has just given me a link on my thread don't ask me how to get there from here!! it's all magic to me I will have a go for you though if not it's on my thread and it's a link to some templates you need number 3.

Good luck

Beamie:)

No sorry have had a go and I am pap at this computer lark! Click on my name it will take you to my thread I know that works:-D

Link to post
Share on other sites

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Thank you for the link. I notice on the advice section it tells you to telephone them especially if you have not received a response which I havent! I did send it recorded delivery will I have to start again if they say they have not received it?

Link to post
Share on other sites

But you have received a response, you detail this in your first post on this thread.

 

Now you sue them.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Hi Yes the woolwich sent the standard letter and Barclays PPI insurance Dublin but my SAR request for my personal account has not received a response nor has the £10.00 been returned. Sorry my mistake I am getting confused because I have so many going on at once :(

Link to post
Share on other sites

If you sent your SAR letter by recorded delivery, go to www.royalmail.com to see if/when it was delivered. (You need your copy of the postage slip.)

IF IT WAS DELIVERED over 40 days ago, then it's time to report them to the Information Commisioners, and sue them for non-compliance.

IF IT DIDN'T ARRIVE then I don't see any alternative to starting again. Barclays can claim, fairly, that they know nothing about your request!

 

Hope this helps clarify things; I'm getting a bit confused meself!

 

D.:confused:

Link to post
Share on other sites

Ok, no problem.

 

According to CPR 6.7 (1) a document is deemed served on the second day after it was posted via first class post. Proof of posting is sufficient for a court to determine it has been received.

 

Therefore, you may continue and sue them for non-compliance, safe in the knowledge that your letter has been recieved and in the event that is has not, a court will deem that it has been.

 

Issue your claim for non-compliance with the DPA without delay.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

If you need a penfriend then by all means write to them again, but I really am at a loss as to why you keep asking what to do when I have told you three times that you should sue them for non-compliance.

 

They have a statutory obligation to send you this data upon receipt of a formal request and payment of the fee. You have complied, they have not.

 

Sue them.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Hi Hagenuk,

I will send the non compliance letter today. I am nervous of Barclays as we made a complaint 4 years ago and the end result was they put us out of business and took us to court for our home (secured business borrowings) We are just looking to pay them off which will allow our counterclaim to continue through the courts. Over the past two years we have spent thousands on Solicitors and for us we feel that Barclays are able to use oppression in its severest form. So forgive me for being a little nervous they are capable of powerful things!

Link to post
Share on other sites

Barclays have been trying to contact me today via telephone at work and at home , I was out. My account is closed with them could it be that they realise they have missed the SAR deadline which fell today? Has anybody else received a call from Barclays Data Protection centre?

Link to post
Share on other sites

  • 2 weeks later...

SAR

Well I phoned Barclays Data protection to be told it would be here by Monday and it is not. I was told they are handling 800 claims aday and they are struggling. I think I have no choice but to go for non compliance now:eek:

Can anyone tell me whether the 40days is working days?

Link to post
Share on other sites

The 40 days referred to in the DPA is 40 consecutive days not 40 working days. As a rule of thumb if any length of time in law is more than 14 days then you can take that to mean consecutive days.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Link to post
Share on other sites

They have been known to cite that this is important, however, unless you both had to sign the cheques then it really does not matter which one of you signs the letter.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Hello here is my update, I sent a letter for non compliance which expired today and so I telephoned them and said I would now be proceeding with action due to non compliance. I was told that they would look into why the request has not been actioned and I may have to go into a local branch to request my statements. They said they will write to me and explain where the problem lies.

I told them it was not good enough and I will be taking action. Can I file a claim on line or do I go down to my local court.

To be honest the gentleman I spoke to really did not care at all.

Link to post
Share on other sites

In order to file a Court claim you need to use a paper N1 Claim form, you cannot use MCOL to claim for non-compliance.

 

Look here for details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

  • Haha 1

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...