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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
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    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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Please can someone help??


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Thanks

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Ok

 

Right I think you are trying to get ahead of yourself and rush

 

If you rush and start panicing you may mess things up and we dont want that.

 

As far as i can see you need to use one of the spreadsheets that Saintly have provided the link for.

 

The basic bank one will do.

Read the instructions to it and enter all the data into it.

This will then show the dates and amounts for each charge and what thebank has called it.

 

ie 30/11/06 UnpaidItem £30

and so on

 

This will automatically calculate the 8% interest for you.

 

Once youve done this make sure it corresponds with the amount you have claimed.

 

Once we have got this bit sorted we'll worry about the next stage

 

Paul

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Ok

 

Right I think you are trying to get ahead of yourself and rush

 

If you rush and start panicing you may mess things up and we dont want that.

 

As far as i can see you need to use one of the spreadsheets that Saintly have provided the link for.

 

The basic bank one will do.

Read the instructions to it and enter all the data into it.

This will then show the dates and amounts for each charge and what thebank has called it.

 

ie 30/11/06 UnpaidItem £30

and so on

 

This will automatically calculate the 8% interest for you.

 

Once youve done this make sure it corresponds with the amount you have claimed.

 

Once we have got this bit sorted we'll worry about the next stage

 

Paul

 

Ok thats great thanks but i need the spreadsheet to total my amount they owe me up to today dont i?

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I just looked at the advanced spreadsheet and thought that it would work out how much they owe per day since i filed with MCOL but it doesnt?

i already have a basic spreadsheet totalling up exactly what they owe me plus the 8% but i want to know what they owe me up to today??? any advice?

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I just looked at the advanced spreadsheet and thought that it would work out how much they owe per day since i filed with MCOL but it doesnt?

i already have a basic spreadsheet totalling up exactly what they owe me plus the 8% but i want to know what they owe me up to today??? any advice?

 

From Post 45 above

 

The daily rate is (CHARGES+OD interest)x 0.00022 = pence per day

 

 

If your claim is £1000 the daily rate is 1000 x 0.00022 = 22p per day since you issued the claim

If its 30 days since you issued the court claim it will be an extra £6.60 (30 x 22p)

 

Paul

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Hia all i have just received a letter stating my court date is:14th august @10.30 am at cardiff county court......... please help me now what do i need to send??please dont use jargon cos i cant understand it.i have tried reading the threads about going to court but i must be thick as cos i cant understand what i need to do/send next..........i would be v grateful if someone can help me...perhaps give me a lil step by step guide for me to follow?????chheky i know but i think it'll be easier for me like that.

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what type of hearing does it say it is?

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Hiya

 

I have received Barclays defence today and mine reads exactly the same as yours.....(all 11 points), Its obviously a cut and paste job.

 

It paniced me a bit especially point 1, (did i send everything correctly).

But now i realise its a standard defence.

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what type of hearing does it say it is?

 

it says on the heading of the letter general form of judgement or order and then it says:

 

before district judge r l l Hendecott sitting at cardiff county court cardiff civil justice centre 2 park st cardiff.

upon the courts own motion.the court has made this order of its own initiatvie without a hearing.if you object to the order you must make an application to have it set aside varied or stayed within 7 days of receiving it.

 

it is ordered that:

 

1. directions will be given in this case by the designated civil judge his honour judge g hickinbottom on the 14th august 2007 at 10.30am at cardiff civil justice centre

 

2. the parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

thats all the info thts on there??

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Send an updated SOC with covering letter to both the court and Barclays litigation team . Then i would think about contacting the litigation team .... asking them for details of who is dealing with your case as you have a court date and would like to know who to send any documents to . you never know you might get lucky and they will settle ... remeber when you do contact them to have all the updated figures in front of you.

Hope that helps

Saint

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Send an updated SOC with covering letter to both the court and Barclays litigation team . Then i would think about contacting the litigation team .... asking them for details of who is dealing with your case as you have a court date and would like to know who to send any documents to . you never know you might get lucky and they will settle ... remeber when you do contact them to have all the updated figures in front of you.

Hope that helps

Saint

Thanks saintly, whats the telephone number of the litegation team??i am also very unsure as to what to say to them???? i just feel like at the mo i need someone to hold my hand cos im getting very confused and unsure about the whole thing!! i know im a pain in the bum and keep asking silly questions and im sorry about that but im real confused!!actually that should be my sign in name!!confused!!haha sorry tho but please help me out.

im unsure whether i have done everything right so i thought id post it all and u can tell me if it correct:

1. contacted barclays requesting past 6 yrs statements.

2. finaly received them after about 2-3 wks

3. highlighted all the charges and totalled them to be £1040

4. sent letter (template from moneysaving.com site) requesting money back plus copies of highlighted charges and made up my own little spreadsheet showing dates of charges etc and handed all this information over my local branch of barclays cashier desk.

5. then had letter saying they were looking into it.

6. then received letter offering me £739.00 (approx cant remember exactly)

7. declined offer and sent letter (template off moneysaving.com) stating that i dont wish to accept offer and at present i am not claiming interest but will do if they do not pay up etc and i also gave them a further 2 wks to pay.

8. then on the 2 wks date i hadnt heard nothing so i rang and asked if they are going to offer the full amount and they said no so i said i shall proceed with court proceedings and they said ok...

9. I filed my claim with money claim online, adding 8% and the court costs which took my claim up to £1439.80

10. waited and received letter saying they will defend

11. sent another copy of my charges to the litegation team and mcol on 8th may.

12. received their defence approx 10th may

13. now iv received a court date for aug 2007 in cardiff

14..... and now i dont know what the hell to do...........

I dont know if am claiming contractual interest or not??im confused as heck now about this whole thing......how do i work out how much they owe me up to the day i ring them??? the info i put on my mcol form was the info from the money saving website which is this:

 

1. Between 16/01/01 and 09/08/06 the

Defendant debited numerous charges from the

Claimant?s account.

2. The charges are an unfair penalty under

the Unfair Terms in Consumer Contracts

Regulations 1999, because they are a

disproportionately high sum in compensation

compared to the cost of the purported

breach.

3. Under the law of penalties, the charges

are an unlawful extravagant penalty.

4. Under the County Courts Act, the

claimant is entitled to interest of 8% per

annum from the date they were deprived of

the money. This totals £279.80, accruing at

the daily rate of 0.021% until judgment or

payment.

5. The Claimant asks the court to enter

judgment in their favour for £1,040 plus

interest, totaling £1319.80.

 

is this right??????????????????????????????????????????????????????:???:

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Okay, youre getting worried about nothing here, calm down its easy peasy from here onin..

 

See my reply in this thread about contacting the big boys:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/93639-3rd-july-liverpool.html

 

any queries post back

.

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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Okay, youre getting worried about nothing here, calm down its easy peasy from here onin..

 

See my reply in this thread about contacting the big boys:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/93639-3rd-july-liverpool.html

 

any queries post back

 

Cheers for the reply..... how do i work out exactly what they owe me up to tmrw though??i think i may ring them tmrw and jesus im gonna pee my pants saying all that info u said to say to them!!! they'll come back with some big words and il be lost!!

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If you used one of the spread sheets from here then everytime you open iy it updatse itself with the amount of interest ..... then just add the court costs ......... breath into a brown papar bag helps with the hyperventilating ;-)

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For a schedule of charges, use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

 

 

The daily rate on your claim is £0.23p per day. So just multiply the number of days since you filed X £0.23p and add that to your total of £1439.80

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Ok cheers on the info i put on my money claim online form though i put this down (as i copied off money saving.com):

4. Under the County Courts Act, the

claimant is entitled to interest of 8% per

annum from the date they were deprived of

the money. This totals £279.80, accruing at

the daily rate of 0.021% until judgment or

payment.

 

so it is 0.21p per day i work it out from or 0.23p per day???? also do i work this out from the day i filled in my mcol form??????

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For a schedule of charges, use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

 

 

The daily rate on your claim is £0.23p per day. So just multiply the number of days since you filed X £0.23p and add that to your total of £1439.80

 

mike should i be using the simple spreadsheet or the advanced one?????? im confused? should i be claiming for overdraft interes?

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the claiming of overdraft interest ..... to be honest i havent bothered as i think you can only claim the proportion on the interest that is due to the actual charges .... im sure i read that it doesnt amount to much

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