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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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Tawny Owl- V Barclaycard


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Sent SAR request with ten pound postal order 10th jan

Received statements 15th march

Sent letter asking for charges back 19th march plus8% interest

approx900.00

Received letter back from Barclaysharks 30th march saying charges are fair but as a goodwill gesture they would offer difference between charges

incurred and 12 pound fee recommended by OFT OVER 360.00

 

Sent letter saying i was not satisfied and going to claim full amount in court giving them 14 days to reply 11TH april

Received letter back from Barclaysharks 18th APRIL saying they will not consider any further refund

Due to watching Whistleblower want to carry this on suppose after letter like that its the only option anybody with any ideas where to go from here

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Hey Tawnyowl

 

Go to the guidance and bank letters templates section and read up on how to raise a court claim using the standard N1 form or using MCOL online. Then go get them!

 

Michael Browne has written a great guide that will tell you everything you need to know.

 

I know how you feel re [email protected]@rdcard. They are a nightmare!!

 

Good luck :)

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Thanks for advice -strange how these banks wont settle - perhaps its the difference between paying out millions and not billions- its only a matter of time surely before they will have to pay everybody back.Michael Browne was one of the first people who replied to me when i first came on this site.Deserves a medal from us- dont think the banks would give him one though.Good luck to all with claims. When you get to this stage its nice to have a bit of support.Thanks again -Tawny

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Just checked Barclayshark statement seen credit for approx 33% of total asked for. Never been in credit before.Going to give them another ten days to settle full amount before starting proceedings. Sending letter 4- offer before court action.Well happy that i came across this site-because without it this would not be happening.Seeing how this goes with them- then i will start on the others.

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  • 2 weeks later...

Received letter back from Barclaycard after giving them another 10 days to settle balance .Received same reply saying no so leaves me with no other option but to move onto N1 form or MCOL going to check it out now.Very down after Barclaycards attitude. Dont even think the OFT has set a twelve pound figure so why do Barclaycard offer settlements with this taken off.Suppose some give up at this stage and accept the offers - just cant bring myself to accept it especially with Barclayshark- keep thinking about Whistleblower program.Wonder how much this next stage is going to cost. Takes a bit of nerve taking a bank to court.

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  • 2 months later...

Due to computer tripping up and falling twenty foot down stairs have been offline so there has been no progress with any claims only letters from different dca companys and many phone calls from them . When they will not listen i have resorted to putting phone in parrot cage but they even ask the parrot for a increase in payments especially Moorcroft and a firm called Direct Legal & collections .I have been in touch with cccs about my debts and they have been very helpful.Now i am back online i will slowly crack on with claims .Have received part payment from Barclaysharks which i would never have had if it wasnt for this site. I will soon be taking them to court.

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  • 8 months later...

Just a update.After receiving part payment and Barclaycards refusal to pay any more back am still pondering whether to go all the way to court.Have taken a long time to get this far due to other pressing matters.Any advice welcome.

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Hi Tawny,

 

I assume you let the refund from BC stand - ie you didn't reject it and BC did not take it back.

 

I suggest you treat this as a new claim because of the time lapsed since you rec'd a part refund of chgs from BC.

 

Prepare a new or updated updated SOC (Schedule of Charges) including all those claimed before and any incurred since then to date. Send to BC with a Prelim Ltr but adapt the ltr saying, " I want repayment of charges totalling £xxx.xx less the refund made to my a/c by BC of £xxx.xx on xxth date, making a net refund of charges now due of £xxx.xx.

 

After 14 days, send an LBA.

 

It's likely that BC will make an offer even before you need to file at court, but this seems to depend on luck (ie who is d/w your claim at BC).

 

Let us know how it goes, stick to your timescale and see it through to the end this time. BC are more willing to settle straightforward claims now, possibly to avoid court fees and CI claims.

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  • 5 months later...

So sorry could not act on your advice due to repossession case and other matters that would not go away.Now the matter is really on the boil-i have received court papers Issue date 1st sept-seems the account was passed to CL finance ltd who are using solicitors Howard Cohen & CO.

I see court fee of 30.00 and solicitors costs 50 pound but even thought this long surely still in dispute.Many charges since maybe i should S.A.R - (Subject Access Request) them again and send letter to DCA saying this-just not sure what to do.Obviously Barclaycard are sure of themselves.So sorry not to have acted on previous info-but major troubles away from this.

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Add up the later charges (which haven't yet been repaid) and send off a new Prelim ltr to BC. I assume you have the recent state's to confirm the figures. Otherwise you need to send off SAR.

 

Can you tell us what chgs you will now reclaim and how does this compare to the a/c balance.

 

You need to Acknowledge the Claim and confirm you intend to defend the full amount (if appropriate).

 

Send the Sol'rs copies of any ltrs to BC.

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Have now acknowledged claim online and confirmed intention to defend the full amount.Will work out details but may have to S.A.R - (Subject Access Request) Barclaycard again.Due to house move haven't got latest statements.Thanks for your help Tawnyowl.Expect total to be about 700 at rough guess.

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Expect total to be about 700 at rough guess.

Compared to the a/c balance of approx............?

 

Oh, and if you DO send them an SAR, make a clear request for the Credit Agreement at the same time.

Edited by slick132
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