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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Nightstar V Barclays ***Nightstar WON****


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Hi, what an exceptionally informative site,thank you one and all for all your input and contributions,

I have sent both Barclays bank Current account DPA request last week, and Barclaycard DPA last week also, Can anyone please advise me as to what stage do I change bank accounts? as I have standing orders including mortgage etc and I dont wish to be caught out cold, any reply's will be most welcome,thank you.:confused:

LETS ROCK !!!:D :D :D

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Personally I wouldn't change. Always have a 'parachute account' ready just in case but the banks have to give you a months notice to terminate your account and in that time you can transfer everything across. Barclays don't seem to be going down this road (yet) so it is likely that you won't need to change accounts at all

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BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Thank's blueskies,

after sending off both DPA's gave them a call to confirm reciept,which they both did, Barclaycard had the cheek to offer me first £20 and when I refused £40 there and then,informed Barclaycard that yes I will accept their offer of £40 but not as full and final settlement,account was credited immediatly :D But I am aware it aint over yet, infact the fun has just begun:)

LETS ROCK !!!:D :D :D

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What are the details of the claims or do have other threads I could look at?

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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details of the claims are basically getting stung on a monthly basis,going overdrawn £30 charges max 3 per month etc and a couple of late (not failed) payments with barclaycard,the thing that angers me most is who the hell do they think they are, ok I should stick to my credit limit but I only use my cashpoint card and they let me go overdrawn then sting me, if they were that concerned they would limit my withdrawal to the funds I have in,and not let me go overdrawn purposefully so they can profit from my bad finance management.:mad:

LETS ROCK !!!:D :D :D

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Update, recieved statements past 6 years well nearly!!!! (its June 06 now, they go back as far as Sept 00) sent off request 2/6/06,so not too bad responding to my request I suppose, mind you they were quicker taking my money from me:mad: well Ive had a quick shifty through them,only got through first 1/2 dozen pages and runs upto nearly £150, :o ,I'd recommend anyone does this, not just to put right a wrong but to see in a logical way how much they rip us off:( it really is quite shocking to see 3 paid referral entries at £20 a go,one after the other (£20 a go in 2000). I am going to make a coffee and scrutinize them this evening, and I know it's going to be quite painful, how dare they:mad:

LETS ROCK !!!:D :D :D

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Hope you have fun, I can't wait to see how much I can get back, I added up the last 6 months and it was over £500 so in 6 years I'm expecting quite a bit, sent my DPA last week so should hopefully get the statements this week.

Hek:p

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Okay then, spent a couple of hours last night and totalled up the charges, the Grand total of.................£2265 squid!!!!!!! am absolutly Gobsmacked.:mad: :mad: .plus Intrest, the EDIT so'n'so's...LBA,will be despatched forthwith,It's Gloves Off and Lets Boogie..:-D Going on me Hols thursday 22 June for 14 days so should expect a response for when I get back, Now which way too the Library.........

 

 

**Moderator note, post edited due to some libelous content.

LETS ROCK !!!:D :D :D

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OOOOPS!, In all my haste I wish to clarify a couple of points if anyone can get back to me with some useful feedback it will be much appreciated.

Sent letter to Liecester:

 

Dear Sir/Madam,

Please send me a comprehensive list of all the charges that you have made to my account in the past six years, showing the date and amount of each charge,and a description of what it was for. I make this request using my rights under the Data protection Act and expect your response within 40 days.

 

I telephoned them and they confirmed reciept of this letter and yesterday I recieved my statements.

 

Q1. I have not mentioned the manual interventions bit,does that matter?

Q2. Do I go forth and request my money back,or do I send another letter to clarify manual interventions?

Q3. Do I send letter to their Head Office,HO Customer Relations,1 Churchill Place, London E14 5HP,(thats where my statements come from(I think).

LETS ROCK !!!:D :D :D

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Hi redcorvette,

Yes I sent mine to Liecester, they have many different address sites, but the one I got a response from is: Barclays Bank PLC,

retail banking and customer relations dept,

Leicester LE7 2BB

Good Luck and keep us posted.

LETS ROCK !!!:D :D :D

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Hi Nighstar - I wouldnt worry about a specific manual intervention request. Most banks don't (can't) prove this anyway and if your bank raises it in its defence to any proceedings they will have to produce that information at any hearing (not that there will be one) or in reply to a request from you (see any thread about Part 18 requests)

 

Just go straight to LBA once you have calculated your charges. Then when you get the sod off letter (or 50% offer and sod off for the rest) just issue the claim.

 

Best of luck :)

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  • 3 weeks later...

hi all, just back from sunny Cuba after 2 wonderful weeks hols, no sooner than I arrived back I opened my mail and low and behold Barclays have sent me an offer of £635 as full and final settlement (you know the one, where they dont admit theyre not at fault but as a gesture of goodwill,blah blah blah) any ways I havent even asked them for a refund as yet I have so far only requested my statements and roughly worked out they have fleeced me for approx £2500 plus 8%... anyways I am going too send them a letter stating that I will accept their offer as part payment etc etc,

PS was hoping to sort this out before my hols but was too busy,as I had 101 things too do!!!!:)

LETS ROCK !!!:D :D :D

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Please Advise...........I have worked out what I have been ripped off for past 6 years, but do I request refund with 8% or do I ask Bank to refund me without intrest until I go too court if they wont cough up? Advice would be most appreciated. thank you

LETS ROCK !!!:D :D :D

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There are 2 instances of interest you can claim

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this

It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

This is the interest reffered to in the prelim and LBA.

 

2. 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before. The 1st spreadsheet calculates this.

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Hi can any one help me further? i have jusr received 6 yeard bank statements from my bank and the total they have charged me is £3090.00!! quite a shock to say the least. My question is, what or wher do i go next to put in to claim my money bank? nay help would be appreciated as i don't want to go about it the wrong way

 

thankyou

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Look in the library for the step by step guide, also read the FAQs and take time to read the other posts on the site.

You need to send them the preliminary letter asking for your money back. This gives them 14 days to reply. You will almost certainly get back a standard response saying we are sorry you are not happy but you you agreed to our terms and here is a booklet about complaints. At your 14 days you send them the Letter Before Action LBA.

 

Just follow the step by step and ask questions if you are unsure.

 

Good luck with your claim

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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LBA Sent today with breakdown of all charges levied to my account and 14 days notice to respond otherwise court action, letter sent recorded delivery, can anyone enlighten me as to what the next step usually is from the bank? sent LBA to London,Head Office, to Lawrence White, awaiting reply's any advice very much appreciated. thanks

LETS ROCK !!!:D :D :D

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I am currently in the same position as you, they said 'here's £285 2 bug*** off', so i said, 'thank you, that will do for now and i will persue for the rest', im giving them 14 days from the date the LBA letter was sent before i complete a Money Claim online form - hope that helps?

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Awaiting reply early days yet, thanks for the advice, will look to open parachute account mon next week, already told many friends family and people in general about this website,and how fantastic you all are, Crack On with the good work, cheers:)

LETS ROCK !!!:D :D :D

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Hi just keeping y'all posted on developemnts so far, after despatching my LBA and copy of all bank charge's, I have had no reply by letter as yet, however got home last night and someone from Barclays had left a message on my answere phone for me to contact them, will ignore all communication by phone awaiting a letter... has anyone else had this scenario? or is this a first???:D

LETS ROCK !!!:D :D :D

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