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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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sean v Barclays


sean28
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  • 2 weeks later...

Hello every one, Just a quick update on my case:

 

Barclays had until this Sat to file a defence,which they have just done today. Being transfered to small claims court nearest to myself (Bodmin more than likely).

 

Got most of my court bundle organised already just in case, so may be back for some more advice.

 

Sean

Sean28

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First thing first.

 

CONGRATULATIONS TO WELSHMAN, nice early xmas present

 

 

 

 

 

Just had my letter from the courts transferring it to the Bodmin county court, and attached the N149 Allocation Questionaire.

 

Their defence is fairly the same as every one else's I have read like Welshmans etc. I will complete the form in the next day or so, but just a few quick questions.

 

1. With the section G part I have copied and pasted it from Welshman's thread, can I print this on to the AQ?

 

2. Have already compiled my bundle and just read some where about the number of pages, mine comes to 86. It only includes the relevant pages from my statements not all pages. Does this seem enough pages for a complete bundle?

 

3. Do I send my bundle in with my AQ or take it in with me if it gets to court?

 

Any help gratefully recieved.

 

 

Sean28

Sean28

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No need to send court bundle yet. This will be requested if you get a court date.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hello everyone, Just got back from handing in my AQ AND AS m4n said I didn't have to pay as my claim was for £1498 + court cost on top, so it was under the £1500 limit.

 

handed it in two weeks early so hopefully this will speed things up.

 

I've read a lot of threads over the months where people phone the banks to "talk" about there claim and to see how it is going, in th ehpe of settling early.

Is this awise thing to do and if so, at what stage of the claim should it be done. As of yet i ahven't been given a court date.

 

Bye for now.

Sean 28

Sean28

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Hi Sean.

 

I've heard contrasting results from people phoning there banks, and I think it depends on how far down the line in your claim you are as to the results. If you phone too earlier in the process, you may come across as being uneasy about the whole process which will give them more incentive to stick with the original offer they made.

 

I have two claims against Barclays, one at a very late stage and the other at the beginning (or was). They made an offer of 75% (well of the true claim as opposed to the submitted clam), and wouldn't meet me half way between what I wanted and what they were offering, despite them knowing that I had a court date with them! (I settled due to needing the money to pay for Xmas. Missus referred it to the Barclays involuntarily savings scheme.)

 

As for my original, first case, I'm keeping fingers crossed that they start getting in touch with me over the next four weeks (court date is due on the 23rd January), begging for a settlement figure. Now time to get everything together, including the court bundle just incase they decide to defend.

 

Anyone fancy a morning out in Northampton (home of MCOL). Refreshments will be provided - lol.

 

Nearly forgot, as for speeding things up, Barclays have and will drag thier feet as its not in thier interest to rush things. If you take my starting date as the 11 August, you're looking a six months from start to finish.

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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  • 4 weeks later...

Hi everone. Not been on over the Xmas period as awaiting a court date.

 

A belated Happy New Year to All.

 

Just received my court date through the post this morning, and have been given the 1st March. No real problems with that but he notice has a something in it that I've not heard about on other threads and it is in capital letters so it must be important,

 

It says: PLEASE NOTE: THIS CASE HAS BEEN ALLOCATED A SECOND FIXTURE LISTING. pARTIES SHOULD BE AWARE THAT SHOULD THE FIRST FIXTURE LISTING BE EFFECTIVE, THIS CASE WILL NOT PROCEED ON THE ABOVE DATE.

 

Q: Is this standard or not and what does it actually mean?

 

Q: I have my court bundle already but when is the best time to send?

 

Q: When if at all is the best time to phone the bank to see if they wish to settle?

 

if somebody could help and answer these I would be very much grateful.

 

Sean28

Sean28

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Hi Sean.

 

The capital letter part of the court request looks as though the courts are finally waking up to the fact that many of these cases (if not all), never actually make it to court. so they may have double booked the court room in the knowledge that if the first case is settled early, the chances are so will the second. Thus they have cleared two cases in the space of one hearing allocation. Who knows, perhaps someone has been told that they are third in the line for that time slot, and are told that if either of the first two are effective then expect a new date.

 

You can send the court bundle when they request it, they normally will give you a date by which any documents relating to the case must be submitted. Otherwise the case is thrown out. Better be earlier than pannick like me.

 

My court date is/was for the 23rd January and I've just received a letter through today, the outcome will be posted on my thread! You could try emailing Ms Connelly (PM me and I'll give you her email address) as a starter. I never got any phone calls....

 

The end is nigh for your case, and soon you'll be able to put this thread to bed!

 

HAPPY NEW YEAR.

  • Haha 1

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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  • 2 weeks later...

Hi Sean

 

Glad to hear that your court bundle is being sent off, both to the bank and court. This is the final hurdle at which people could have tripped up on, for instance, if they failed to submit on time. Barclays will now know that the only thing between them and an appearance in court is time. But they will leave it till the last minute before sending you a letter to say here you go, heres all the money you asked for.

 

When they do (since it won't be a case of if they do), take your time, make sure the money is in your account before you inform the courts of an agreed settlement. Also cross out any part which mentions about not telling anyone of the details of the settlement. I did and they still paid up, but to be on the safe side, make sure the money is in our account before you mention anything on here.

 

At this stage it simply becomes a waiting game, but you will in the end, win and that is the main thing.

 

Regards

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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Hi again, thanks for the support, it felt quite good actually posting the bundles off, and knowing this is nearing the final home straight. As you say just a case of waiting for a response.

 

Court date is booked for 1st March, so I'll give it to mid Feb before I start thinking of contact with them.

 

Will keep you posted.

 

Sean28

Sean28

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  • 3 weeks later...

Hello, every one

 

Been away from here for a littkle while. My court date is fast approaching on the first of March, at what date should I contact Barclays or should I wait for them to contact myself.

 

Thanks in advance Sean28

Sean28

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Thanks for your opinion, I have since received a call from a charming lady called Mrs Chambers, as my claim was for £1498 + 120 cost, I was offered £1467. She said that there was some discretion within my calculations and the figure was about £157 less than mine.

 

As I can't be sure of the correct interest levels used I swayed it to thinking of taking the offer. I will be phoning her agian.

 

Any thoughts please.

 

Sean28

Sean28

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