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    • Yes I take on board that is legally feasible but this is a small claim track claim and would rather over complicate matters when the claim can easily be defended on the facts provided. Also that ship has sailed and permission would be required to submit a Part 20 and add a party to the claim now given that acknowledgment and defence has been submitted and claim allocated and a statement is due by this Monday.    Assignee claims are easily defended because they simply lack the knowledge of disputed debts and what the original creditor has provided in following the correct legal process to enable a valid claim by an assignee.   In this case...as far as I'm aware no Pre Action Protocol followed no Default Notice ever served, breaches of the Consumer Rights Act 2015 as a service was never provided by the dissolved company.   I cant see any court awarding judgment for debt given the facts above.   Best to keep it simple mantis.   Andy
    • Hello, welcome to CAG. I'm going to move your thread to our main Benefits forum and leave you a link to follow.   Have you tried one of the benefits checkers online? turn2us is a good one.   Turn2us Benefits Calculator BENEFITS-CALCULATOR-2.TURN2US.ORG.UK Use the Turn2us Benefits Calculator to find out which welfare benefits you may be entitled to.   Best, HB  
    • @mantis shrimp  -  Apart from not being sure about sending a letter at all(!) I think I agree about omitting the PS.   The problem is that I don't understand quite what happened there.  (I readily admit to a lot of difficulty in following much of what simeon tells us... ).  I'm not sure if the other side's solicitor sent their client's bill to simeon by mistake, or whether the solicitor sent a mock-up to simeon to demonstrate the level of costs mounting up in an attempt to intimidate him into withdrawing the case.   I think FTMDave might have a better understanding of exactly what happened there than I do...    =========================================================================   @FTMDave  -  I quite like the letter!  🙂  But I don't know if it's a good idea to send it!!!   😲   Personally I'd be inclined to leave it and let the case run its natural course.  I don't know if it would be appropriate to send such a letter or not.  I wouldn't want simeon to overstep the mark or do anything to make his position in this case any worse than it already might be.  In particular I would not want the other side to have any grounds to complain to the judge (although perhaps simeon has grounds to complain to the judge?.)   Also, I'd always understood that you could only complain to the SRA about a solicitor if you were his client.  But I'm pretty certain that I've read somewhere that 1.2 and 1.4 of the Code of Conduct require a solicitor to act fairly towards their clients and the court, AND "others", which I assume in this case would include simeon.  But whether that is 100% correct or not I simply don't know, and I don't know if it would be "improper" to complain to the SRA in the middle of a case or not.  I suppose simeon could threaten to do so after the case has been decided.  I just don't know what course would be best for simeon and I wouldn't want him led off in the wrong direction.   So I'm in two minds about sending a letter at all.  I'd be happier for someone with more knowledge and experience of court procedure and the conduct of trials than I have to say whether it is a good idea or not.   The other problem I have (and I'm not sure how to put this without risking hurting simeon's feelings - but I'm saying it in his best interests) I've looked back at some of simeon's previous threads and there would appear to be a recurring theme of aborted court claims and miscommunication with legal advisors (eg a direct access barrister he engaged) that might be re-appearing in this case.   I appreciate that English is not simeons' first language and that he has been seriously ill recently, but I'm a bit concerned that he does seem to get the wrong end of the stick a lot and I'm a bit worried that all we really know about this case has been filtered through him.   Apologies to simeon for saying so, but without having first-hand knowledge of all aspects of this case, I just hope he's not digging himself deeper into a hole...  (And I am saying that in his best interests).   Anyway, I'll be keen to see what the defence aginst the counterclaim is.
    • You haven't included anything that reassures TfL that you've been paying your fares since you were caught, like buying a season ticket, etc.   I don't personally like 'I will accept a penalty fee that TFL deems appropriate.' because TfL are the ones in charge here and this sounds as if you're telling them what to do. I prefer what I suggested about asking if they will allow you, etc... but see what others think.   HB
    • Hi guys, I am appreciate the help, thanks very much.    I have just received the witness statement from BW.           BW Witness Statement.pdf
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refusal letter making ambigious comment re account closure


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Hi all,

 

I sent barclaycard a PL asking for £140.07 (incl stat interest) and they responded today with the usual ' no our charges are fair and transparant yada yada' but they did offer me goodwill gesture payment of £44.00. I've already prepared the refusla letter and will send on monday with LBA. However, there was a paragraph in the letter which i haven't seen before and was wondering if anyone else had seen this..

 

'the credit will be reflected in your account on your next statement. however, if your account is already closed, it will be necessary for you to contact us to confirm your sort code and account number, this will enable us to process a refund to you'

 

 

I haven't closed the account and there are no problems on the account that i'm aware of...balance of £100 with credit limit of £5000..so dont know what they mean by above..do you think its a threat?

 

 

any comments greatly appreciated

 

 

 

shaz

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No, this letter is a template letter from Barclaycard letter archive.

 

They probably couldn't be bothered to double check whether your account was active or not so sent this letter just in case.

 

There is no meaningful dialogue with Barclaycard. When you write to them, whoever receives your letter will take all of five minutes to decide which letter from their collection of auto-responses to print off in reply to you, sign it and post it.

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