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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

reload's mum vs Barclays


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Well, as my lab-rat like test case against Lloyds appears to be going along the identical lines everyone else gets, I finally mangaged to persuade my old dear to start against Barclays.

 

Subject Access Request sent 1st class recorded 05/06/06 :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Well done and good luck to your mum.

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Got this response today from the DPAR:

 

 

Dear reload's mum,

 

DATA PROTECTION ACT

 

We refer to your letter of 1st June, which was passed to this department for comment due to your request for certain information, relating to bank charges, under the terms of the Data Protection Act ["the DPA"].

 

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the Bank is providing copy statements on a complimentary basis your payment is returned herewith.

 

As regards your mention of "manual intervention", the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Yours sincerely

 

 

 

Peter Townsent

Manager, Barclays Data Protection

 

Now, it's probably been commented on countless times in relation to this particular template response from Barclays - but bear with me, I'm new-ish to the Barclays part of the forum and haven't really absorbed any comments about this response.

 

From what I recall seeing though, whilst not breaking the DPA per se with their response they're certainly trying to make it appear that they're taking the moral high ground. The comment about "we're not under obligation to present information according to any particular format" could easily be interpreted as "You're trying to cause us more work" when in actual fact, especially with digitally stored information, it would be easier, simpler and less paperwork for them to just present us with the list of charges for that time period.

 

Also, RE: the comment on manual intervention. They're saying that "We're not going to allow you to see our records on manual intervention with your account, if they exist, but we're not admitting that there wasn't any."

 

Anyone else feel like commenting? :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Just a waste of paper and postage really.

 

Basically saying:

 

"Dear Reload,

 

we acknowledge your request and will effectively grant it in full by supplying your statements. We are too lazy to bother saving the rain forests and shareholder costs (cos we already make a mint from unlawful charges). Ya we probably intervened on your account, but have no real record, in the same way that when you walk into a branch and up to the counter we "manually intervene" via the bank teller, but don't really record this.

 

Oops, we've just realised, the whole thing about manual intervention is stupid. We are a bank. Therefore we have certain overheads. One of which is employing people, real live human beings, to provide our operations support. This is an accepted cost and overhead of any business. It is far too remote to attribute to you as an inidividual customer, I mean we would still have to employ physical entities even if you didn't go over your limit and incur charges. We are of course trying to reduce the number of human beings we employ, hence the automated services, Indian call centres, and online systems. But damn it. We still find that we have to actually employ real people to provide our service. And so this whole issue of manual intervention really is annoying us, because we would like to blame you the customer, but realise that this sounds ludicrous. Therefore, you are right, we don't have any record of "manual intervention" on your account, but we assure you it does take place.

 

Yours truly

 

Bank Employee

 

Signed by a computer inserted signature (but please note, that this classes as potential manual intervention as someone had to insert that signature, along with your address to the computerised template)"

 

Oh okay then. Thanks for your letter.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Ta for that Don :)

 

Sorry - should have said, was tapping foot in reference to Barclays dragging their heels over sending the statements ;)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Barclays are the worst.

 

They specialise in time-wasting and delay..... they wait right until the last possible moment.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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my first letter was exactly the same, I thought the wording 'out of order accounts' meant it is a closed account. Is this true. I've posted a similar question on my link, then browsed around and found yours. Sorry for repetition.

Good luck.

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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  • 4 weeks later...

Just an idle 'bump'. Statements finally arrived today - nothing like leaving it till the last minute. Time to get the highlighter out...

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 1 month later...

Okay, okay, it didn't take me that long to total up the charges :D

 

Been a bit of dithering on the behalf of mother dear. She's decided to go for it, so prelim went off first class recorded Monday for £745. Here goes :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Reload I am in the process of getting my Mother Dear to have a bash at this, already got my sister and her fella doing theirs, but Mom is still wary LOL. Bless her. Good luck to your Mum. :)

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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Blimey, nothing from the three outstanding for ages, then two in one day (Capital One, will type up in a moment).

 

Anyway, seemingly standard "acknowledgement of your complaint" letter:

 

Dear reload's Mum,

 

Thank you for your letter received at this office on 20 September 2006. (NB: Sent on the 18th first class recorded, online track and trace records 20th delivery. Just wish Royal Mail were as together with my recent S.A.R - (Subject Access Request) to Lloyds...)

 

I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible.

 

May I take this opportunity to explain that whilst we will endeavour to respond to you within timescales outlined in your letter, we cannot guarantee that we will do so.

Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or an update on our progress will be sent to you within eight weeks.

 

Please refer to the enclosed leaflet which provides you with a more detailed explanation on how we will deal with this matter.

 

Should you wish to discuss this matter further, please do not hestitate to contact us on 0207 116 4561 or via Freephone 0800 282390.

 

Yours sincerely,

 

(pp'd line of a signature)

 

Mike Brophy

Head of Customer Relations

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Oh, and good luck to yours too Mrs Charlton :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Ah. So:

 

*YAWN*

 

Mind you, you never know, you could wait that long, couldn't you? I mean, they MUST be trying to work things out... :rolleyes:

 

Bookworm you do crack me up :lol:

 

Reload thats the letter I had aswell....infact it might even have been from Mikey babe too. I considered giving them the 4 weeks for about...ummm...0.005 of a second. :rolleyes:

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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  • 3 weeks later...

Dear reload's mum,

 

RE: Sort code: xxxxxx, Account number xxxxxx

 

I refer to our letter dated of 25 September 2006.

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elemnts which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers in line with the Banking Code. Details of our Terms and Conditions, along with our charging tariff, can be obtained at any of our branches., or via our internet site, http://www.woolwich.co.uk/barclays.co.uk (erm, what?).

 

Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £375.00 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in full and final settlement of your complain. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of recepit of your acceptance at this office.

 

If you wish to discuss this letter, or you feel there are further issues I need to consider, please contact me on 020 7116 4561, or on our free phone number 0800 282 390. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Finiancial Services Ombudsman Service.

 

The leaflet sent with our letter of 25 September 2006 explains our complaints process and provides details regarding the Financial Ombudsman Service.

 

In accordance with our standard practice, if I do not hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours sincerely

 

Laurence White

Customer Relations Manager

Enc: Acceptance slip, pre-paid envelope

 

Sooo... again looks like fairly standard proceedure on this one.

 

Thing is though, mother dear doesn't want the hassle of a court case - so she's asked me to accept it. And there I was looking forward to sinking my teeth into Barclays' ankle :(

 

Oh well, partial settlement is at least something I guess. I would though like to say - don't settle for it if you have the choice!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

What I dont understand is they owed you £735 and offered you £375, however they owe me £1340 yet only offered me £300?

And that was from Lawrence White?

 

I still would have not accepted the offer but its still closer than I was offered.

 

x

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