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    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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No, think you'll be fine. All your really doing is outlining what it will cost them if they went to court, at least that would be my interpritation. You could also re-submit an amended one if you wanted. I've read posts where people have done the same as you to no ill effect.

Good luck.

:)

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Does the amount your asking for in the L.B.A include the 8% or is it just the spreadsheet that has the 8% included on it. If it's the latter i wouldn't bother amending anything. If the total on the L.B.A has it included resubmit both.

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it was on the letter and in the schdule. I KNOW it was v stupid and i'm really X with myself. Didnt sleep last night cos of it. I shall reprint both tonight without the 8%. Do I just send without mentioning the incorrect ones send on 25th July?

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As above it is really nothing to worry about, I forgot to delete the 8% column too and everything seems to have gone ok, Just waiting for them to actually credit my money back to my account.

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  • 2 weeks later...

thank you very much for your kind words of encouragement sue1970 and dingwalldemon. I've resubmitted my LBA and scedule of charges, without the 8%. In reply to your question dingwalldemon, I think the financial ombudsman will be my choice. The claim will be for £4750, inc the 8%. Unless anyone can advise court rather than the ombudsman?

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The bad news is, at the moment the Ombudsman is not taking on any complaints about bank charges due to the ongoing OFT v The Banks high court case. I think you can still go down the N1 route taking them to court although im not 100% sure, i'm sure someone else will jump in here and give you further advice. Don't be put off trying to reclaim the charges you'll find loads of help on this forum.

:-)

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I went the FOS way and received an offer of all charges + interest. I received this offer just before the test case was announced and have accepted. I still wait to see whether I actually receive the cash. Looking through the site I have come across posts saying that you should carry on any action through the small claims route but any cases are likely to have a stay placed on them until the test case result which will probably take until next year. Look at the threads you will see when you first sign onto the forum for further info and carry on as before but be prepared to be patient. Good Luck.

Trickyt:rolleyes:

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True the FOs have said they won't look at complaints, I'm going to chuck in a complaint to them (I've already been fobbed off by the FSA). I'm also going to see my MP after my bro's court case, this whole issues is a scandel in my opinion!!!

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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