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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Field of Dreams vs. Barclays £ 1134.06


fieldofdreams
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Hello you Guys,

I'm a first time caller to a forum, so this is more stressfull than taking my bank to court! I'm here via Martin Lewis's site, and have already started my claim, here is the story so far;

I wrote to Barclays Worcester on 5 march 2007 using M.L.s template letter.

Received their sorry to here you are not happy .....aim to find soloution in 4 weeks....a full report within 8 weeks....enclosed leaflet...letter sent from Leicester 12 March.

I then received a letter from Barclays Worcester branch Cheltenham dated 11 April to assure me that they were continuing to investigate my complaint and had requested copy statements to verify the amount and then would liaise with Head Office...What don't you trust me!

 

Well you know what happens next... I get "The Offer" without predudice etc. sent from London 21 March

 

Sorry everyone, I guess I should mention the Money at this stage;

£836.00 plus £178.06 interest total at this stage £1014.06

 

So the offer is for £675.00 ...with the cost and inconvenience inherent in a futher dispute in mind... Inconvenient to you or me?

 

I think I should accept the offer, I've had an account with them for nearly twenty years, The girls on the counter are always polite and know me and my wife by name and they send me a statement every month without me having to ask and they send me a list of charges every three months that they are going to deduct from my account...oh yes CHARGES I remember now ....

 

So I wrote back on 30 April to thank them for their offer

and to inform them that I intended to claim the full amount plus interest upto the date of judgment and court fees in the county court.

As a gesture of good will I said that I was prepared to accept a full refund of the charges only amounting to £836.00 For an early settlement.

I looked forward to a full response within 7 days.

 

And so on the seventh day......NOTHING

 

So on the eighth day.. alright it was most likley the ninth or tenth day I filed my claim with Moneyclaim Online ..Took a deepbreath and clicked on send

 

Claim issued 16 May 2007 £836.00 +£178.06 interest + £120 court fees Total amount £1134.06.

 

The Defendent has untill the 4 June to reply

 

Well that's the story so far, the only mistake I am aware of at present is that I said in my letter of 30 April that I would pursue my claim in the county court and that Worcester court would find in my favour.

However I then filed my claim with MCOL and recieved a notice of issue from Northhampton county court, is this of any importance??

 

Stop Press!!! I just opened a letter from Barclays Customer Relations in

Leicester ....is it a bird ...is it a plane ....is it a cheque?

 

No it's an appolgy for the delay in providing a full response to my complaint and thanking me for my patience.....I guess they are really busy..... They are unable to respond fully at present but will contact me no later than 27 June.....mmmmmm I think that may be to late.

 

 

I hope this is of interest ......I seem to have been tapping these keys forever.

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start a thread in the barclays forum and have a good read.

i would expect your money in full soon.

and well done for sticking to YOUR schedule.

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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fieldofdreams,

Hi and welcome to the CAG site

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

Good luck with your claim

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Well looks like youve either got a Moderator to do it for you or theyve done it anyhoo.

 

Either way Welcome to Barclays forum, youre in good hands now.

 

No doubt Saintly amongst others will be along soon to say HI too.

.

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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Hi fieldofdreams just saying hi and good luck :)

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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Not a lot you can do at the moment but sit back and wait, barclays now have til the 18th june to defend so they will either do it right at the last minute or a couple of days late which for some reason they seem to be getting away with!! Bear in mind though that whatever they do it might not show up on the mcol site straight away it sometimes takes a couple of days to update.

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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