tonycee v barclays i owe i owe its off to court we go***WON***PRE OFT

[bbch60]

congratulations

[Fat.Controller]

Excellent news tonycee!!!!! I am realy pleased for you.

 

I will keep you posted when I hear from Dino!!!!

 

 

FC

[slick132]

TC,

 

Excellent and don't let the general stays probs detract from your victory.

 

Well done and good luck with your ongoing cases.

 

Slick

[moggieb]

TC-really great news. You were in the right place at the right time-"ce la vie"-WELL DONE.

[tonycee]

I have been reading around the success stories to gather as much info as poss, and to try and work out any interest i might be entitled to.

I found this http://www.consumeractiongroup.co.uk/forum/ppi/88004-ppi-successes.html about gary67 adding on 12.9% & 8% court S.69 very encouraging.

Can i claim 11% + 8% on mine from completion of the loan ( Sept 2003) or redemption ( March 2006 ) or a mixture of both, or neither.

I guess it will be a while before getting that far, but im on a roll,and can see the £££££££££ signs flashing before my eyes.

Any help would be appreciated.

[tonycee]

Just an update to say.

Today Sat 18 Aug i received another cheque from Bs for £ 1,279.26p.

Settled in full......Yipee.....

 

[saintly_1]

Well done hun

 

Spend it well

[slick132]

Well done again Tony.

 

Was that for claim one and that you finished with B's for the moment.

 

Slick

[tonycee]

Was that for claim one and that you finished with B's for the moment.

 

Yes claim 1 & 2 settled in full..

 

Finished ?

Ive only just started.

Mis sold PPI £4,181.57p.

Barclaycard X 2 about £3k but there not playing ball.

Want to take claims 1 & 2 back 17 years but will wait.

Old Barclays mortgage...Here i come....Watch this space....

[syds mum]

hi tony its syds mum...

just wondered is there anything i need to do... have got judgement due to non compliance.. and didnt know if i need to contact barks about cheque?? or do they pay into your bank account automatic?? would sooner have cheque!!!

thanks

[tonycee]

have got judgement due to non compliance.

 

Hi syds mum....

Please have a look at these.

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

I cant tell you what is the best thing to do, only what was right for me, and that was to do nothing and just wait.

You need to understand that they can still apply to have the judgement set aside, back to a hearing, and back to a stay if they apply to the court within 28 days. Thats why i did nothing, they paid me by cheque because i dont have an account with them anymore.

[tonycee]

Got the bog standard, sorry, but it is all MY fault letter, but will reply by 17 September.

Apart from resisting the urge to go and bang their heads together, is there anything else i can do to "gee" them up.

I know they are busy, they must be to make £2,300 per second profit, but 5 weeks seems a long time to "dig my file out".

Thanx.

[SamaraSea]

Well done TC,

 

Think you should bottle up some of that luck of yours and shower around the CAG .

 

Sam

[dar£n]

 

I want to say thank you to dar£n whose help, support and advice, has allways been much appreciated.

 

Hey no thanks necessary Tony, twas you that did all the hard work We just try to point you in the right direction

 

.....

.....

[tonycee]

Heres a few of the paragraphs i received in a letter from Barclays Customer Relations.

I guess it all pretty much standard stuff..

Do i now just proceed with a complaint to the OFT ?, write back asking them to reconsider ?, or just go straight ahead with court proceedings.

Thanx for any suggestions...

 

Dear Sir.

Thank you Blah Blah Blah.

I would like to apologise Blah Blah Blah.

 

1..I have checked our records and note that the forms of agreement were

issued to you to read and sign when the Business loan offer was made.

Thats true, as such, but, the offer she is refering to, dated 19th Sept

followed the offer on the 16th of Sept, which had no insurance.

 

2..Once a customer signs an agreement they enter into a legally binding contract with the bank. By signing the agreement you agree to the terms and conditions wholly. If you had felt unhappy with any of the terms outlined in the forms of agreement, including the Payment Protection then the forms of agreement should not have been signed.

This is rubbish, because i was told by phone that i had to sign the new agreement in order for the loan to proceed. Their reason was simply that they had forgotten to add the insurance.

 

3..During any lending application, our specialists are trained to assess the customer needs for Payment Protection and will allways explain the benifits of this policy.

Again, this is rubbish. At no time EVER, was ANYTHING explained. The only communication i EVER received regarding PPI was the phone call to tell me that i had to have it.

 

4..Ultimately, however, the decision as to whether the policy is accepted rests with the customer. At no point is the customer advised that this policy is compulsory.

I want to swear now.

 

5.. From the facts that i have i believe the Payment Protection was provided in accordance with our normal practices and procedures.

 

Blah Blah Blah..

 

Suggestions PLEASE>>>>>>>>>>

[shortcake]

I loved reading your account of the day. I didn't realise that i'd have to be speaking in front of so many people though. So glad I've read this. I now have a better picture of what to expect. Thanks

[tonycee]

I guess it all pretty much standard stuff..

Do i now just proceed with a complaint to the OFT ?, write back asking them to reconsider ?, or just go straight ahead with court proceedings.

Thanx for any suggestions..

 

Anyboby ?...Please !!!!

[hellhasnofury]

Hello Tony,

 

Just read your thread again, missed it first time, You say that you have the credit agreement for the loan, which obviously you signed to agree and there was no ppi on it. They then send out another loan agreement after they told you that you had to have ppi.

Did you sign that one???

 

Personally I would send them a request for a copy of your true credit agreement, to see what they are holding you to. They have 12 days to comply or they breach the cca, and then a further 1 month and if they don't come up with it then they have broken the law. Then you report them to Trading Standards and the Office of Fair Trading got this offence.

Did you do a SAR for all the info, especially telephone transcripts and recordings.

 

The letter they sent you was just a blog standard get stuffed, and go away. But of course you won't:D

 

I would just pace myself now, there is no rush, Get the information and then hit them with it.

 

You did watch the undercover tv programe regarding the underhanded tactic and mis-selling at Barclays:eek:

[tonycee]

Just read your thread again, missed it first time,

Easy done.

You say that you have the credit agreement for the loan, which obviously you signed to agree and there was no ppi on it.

Dealt with one person up to 16th Sept 2003..Application/discussions/telephone calls regarding needs/interview/offer/ acceptance. No PPI required. Self Employed.

They then send out another loan agreement after they told you that you had to have ppi.

Yes, just 3 days later.

New business manager takes over my case and phones to tell me they had sent out a new offer..No reason why/nothing.

Did you sign that one???

Yes i signed. Was desperate for completion. It was a business loan and things move much quicker.

Personally I would send them a request for a copy of your true credit agreement, to see what they are holding you to.

Done that 13 Aug..But i have copies of BOTH originals.

They have 12 days to comply or they breach the cca, and then a further 1 month and if they don't come up with it then they have broken the law.

Nothing new there then. One rule for us, and one rule for them.

Then you report them to Trading Standards and the Office of Fair Trading

Any template letter ?

Did you do a S.A.R - (Subject Access Request) for all the info, especially telephone transcripts and recordings.

I have a 1,000 page plus, Full Data Protection Act Disclosure from Barclays.

How do i obtain the information that they say they dont have to provide.?

The letter they sent you was just a blog standard get stuffed, and go away. But of course you won't:D

No chance.

I would just pace myself now, there is no rush, Get the information and then hit them with it.

Good advice. £4.2k is a lot on money to get impatient about.

You did watch the undercover tv programe regarding the underhanded tactic and mis-selling at Barclays

Not sure.

 

Thanx for reply.

[hellhasnofury]

Thanx for reply.

MMmmmhhh have a look at this, I am not sure if it is all the programme, but it may have a few bits of interest.

 

The Consumer Action Group - Whistleblower extract. Yorkshire and Barclay's bank charges

[tonycee]

it may have a few bits of interest.

 

That it did....

It told me the thieving Bs have been plundering my accounts for years.

Is there a court claim template letter.

I feel confident enough to stand up to them on the evidence that i have.

Its there in black & white.

Im not prepared to wait 6+ months for the OFT to ignore me.

I really appreciate your help.

What do you advise as patients is not my strongest attribute.

[hellhasnofury]

That it did....

It told me the thieving Bs have been plundering my accounts for years.

Is there a court claim template letter.

I feel confident enough to stand up to them on the evidence that i have.

Its there in black & white.

Im not prepared to wait 6+ months for the OFT to ignore me.

I really appreciate your help.

What do you advise as patients is not my strongest attribute.

 

Hiya Tony,

 

I think that link, wound you up a bit and yes I can see that patience is not your strongest attribute. but at least you just put a b with the thieving.

 

I truely know how you feel, and I am just being a little light-hearted. I know its not just or fair and they should not be allowed to get away with it and that is why they won't:D

 

Now before you go off rushing to court, you will have to get some patience as it is not going to happen overnight.

 

Without reading your thread again, Have you sent your prelim letter, waited 14days, then sent your letter before action. waited 14days. If you have, then issue a claim at your local court.

 

There is no template for poc for court on the thread. There are one or two hanging about the threads. They all differ due to different circumstances. Have a read around, I will too and see what we find.

 

Anyway take a chill pill, you will eventually get there:D

[tonycee]

Hiya Tony,

 

I think that link, wound you up a bit and yes I can see that patience is not your strongest attribute. but at least you just put a b with the thieving.

Legal exstortion.....

 

I truely know how you feel, and I am just being a little light-hearted.

Humour...Now that is my favourite subject....

 

I know its not just or fair and they should not be allowed to get away with it and that is why they won't:D

Just been repaid £6.7k....Bs/NatWest....Am in a fighting mood,,GGGGGRRRR

 

Now before you go off rushing to court, you will have to get some patience as it is not going to happen overnight.

I know. Im not daft. But time is money.

 

 

Without reading your thread again, Have you sent your prelim letter, waited 14days, then sent your letter before action. waited 14days. If you have, then issue a claim at your local court.

Yes. On the 13th August I sent template letter 1 from here

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

Plus all the additional add ons that i thought applied to me.

 

There is no template for poc for court on the thread. There are one or two hanging about the threads. They all differ due to different circumstances. Have a read around, I will too and see what we find.

Thank You..

 

 

Anyway take a chill pill, you will eventually get there

 

 

Yes im sure with your help i will.

And i wont do anything silly.

Chewing chill pill right now...

[hellhasnofury]

Yes im sure with your help i will.

And i wont do anything silly.

Chewing chill pill right now...

 

Hello Tonycee,

 

I've been chewing mine since last year:eek:

[hellhasnofury]

Hello Tonycee,

 

Here is a poc that Phantram kindly posted for other to see:D

 

It may give you some idea:D

 

PARTICULARS OF CLAIM

 

 

1. The Claimant had a credit agreement credit card acc no xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around 20/09/2000

 

2. At the time of completing a balance transfer on 31/08/2006, the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

 

3. The Claimant contends that:

 

a) The Claimant did not request the insurance when the online application was processed but that the Payment Protection Policy was pre-selected by the Defendant;

i) The Insurance imposed upon the Claimant were neither defined nor explained and were not "optional" as laid out in the said agreement.

ii) The Insurance was mis-sold, as the Claimant was self employed at the time and thus the circumstances invalidate the cover should the Claimant have ever needed to Claim.

 

b) The Claimant contends that the Defendant fraudulently passed incorrect details to the insurer to obtain these same Insurances from the insurer. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant contends that that Insurers are under an obligation to ensure the policy they are selling is appropriate to that customer and contends the Defendant has not fulfilled this requirement. The Claimant believes this grossly contravenes ordinary principles of fair dealing. The Claimant also contends that the Defendant never once attempted to ascertain the Claimants’ position to assess whether such as product was suitable. If any assessment had taken place it should have been considered wholly unnecessary and unworthwhile.

 

c) If the Court finds that incorrect details were not passed as a result of fraudulent behaviour then the Claimant contends that incorrect details were passed to the insurer through the Defendants’ mistake as to facts.

 

d) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;

i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments

ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit

iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit

iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.

 

 

4. Accordingly the Claimant asks:

 

a) The Court finds that the Defendant acted in a way grossly contravening ordinary principles of fair dealing and reopens the credit bargain to perform restitution to rectify the unjust enrichment performed, to the detriment of the Claimant by the sum of £308.23 by conferring a benefit under an ineffective transaction.

 

b) If the Court is unable to perform restitution, then the Claimant seeks damages of £308.23 by virtue of the Defendants’ actions, be they fraudulently or mistakenly, in obtaining the Insurances which offered no benefit to the Claimant.

 

c) Alternatively, the Claimant seeks damages of £308.23 in regards to the Defendants clear breach of the Claimants human rights as prescribed by Article 1 of the first protocol of the Human Rights Act 1998 whereby the Defendants actions did cause the Claimant to suffer personal loss to the sum of £308.23

 

d) Court costs;

 

e) The Claimant claims

 

i)Compound interest on the charges applied thereon to the Claimant’s account (“the principal claim”), at the annual rate of 16.9 %. This is the rate currently applied by the defendant to the claimant’s unauthorised use or borrowing of the defendant’s monies, as provided for in the contract.

 

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

 

The Claimant deems the Defendant’s principal indebtedness to the claimant to be unauthorised, since it is comprised of insurance charges that were imposed upon the Claimant, they were not optional, they were not explained and were in fact mis-sold due to the Claimants employment situation.

 

ii) In the alternative to e i), if the court is unable

to agree that the claimant is entitled to the contractual rates of interest, on the grounds stated, the claimant avers that the defendant would be unjustly enriched if the claimant’s entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercially compounded rates. On these grounds the claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 16.9 % per annum.

 

iii) In the alternative to e i) and ii), if the

court finds that the claimant is not entitled to

contractual interest, the claimant claims interest

under section 69 of the County Courts Act 1984.

 

iv)Schedule showing interest calculated at the rate

quoted at I is attached to these

particulars of claim, as follows:

 

·Schedule A - Compound Contractual Interest calculated at 16.9%

__________________

 

Good luck and keep chewing:D