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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.

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      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.
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      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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SarahApples vs Barclays 16.8.07 - **WON IN COURT**


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hi,

 

Thats brilliant news and congrats on the win! Could u give your claim number for those of us that are going to court (i'm in tomorrow) and would like to use that as one of the examples of cases being won.

Many thanks and congrats again!

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Rockin result for SarahApples!!! Brilliant news - has made my day:D

 

Very good description of how the process should be especially if you get a judge who is not prepared to be messed around by the banks and their high and mighty attitude!!

 

Really really good news - are you reading Kennyvinegar and Marcelle who also have court dates tomorrow and no request for a stay!

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Hi SarahApples - Congratualtions on your win, hope that other Judge's will follow suit. I am still undecided about appealing mine as they will cost £100 each, I am waiting for my judgement papers to come through and then will make a decision. Fantastic news for you anyway - enjoy :-)

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Good Luck to you KennyVinegar on appearing in court, and to anyone else reading this thread - hand on heart - completely not scary and you feel great making a stand for what you believe in. ( the moneys fairly good too;) )

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SarahApples

 

That's fantastic news and you should be very proud of yourself.

 

Great news for everyone who thought they were stuck behind the Test Case and Appeals process.

 

Well done you! Slick

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th_Congratulations.gifth_shy-tumbsup-.gifth_Welldone.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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hi,

 

Thats brilliant news and congrats on the win! Could u give your claim number for those of us that are going to court (i'm in tomorrow) and would like to use that as one of the examples of cases being won.

Many thanks and congrats again!

 

 

SarahApples - FANBLOODYTASTIC!:D:D:D:D

 

starprincess, you asked for the claim number can I ask how you would phrase such a statement in the courts?

 

Thanks

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hi posiview,

 

There are a few people on here who are talking about using the examples of the cases that have ben won since the OFT announcement as part of their objection to the stay. I am just planning on using the template letter on here with a few adjustments just detailing the hardship issues. I am not using the claim numbers in that letter but will give the judge evidence that cases are still being won, probably just a piece of paper along with the letter.

 

hope that helps.

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hi posiview,

 

There are a few people on here who are talking about using the examples of the cases that have ben won since the OFT announcement as part of their objection to the stay. I am just planning on using the template letter on here with a few adjustments just detailing the hardship issues. I am not using the claim numbers in that letter but will give the judge evidence that cases are still being won, probably just a piece of paper along with the letter.

 

hope that helps.

 

I does help...many thanks....

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Well done Sarah, you must be walking on air!

 

Great boost to hear that not all county court judges robotically comply with the Stay recommendation.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Well done and thank you for the useful post - It will help others like me who are up in court arguing agaist the stay

 

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Sarah..I won! The application for a stay was dismissed so the hearing went ahead on my claim and the Defence was struck out for being a bare denial. (i did not mention that i had complained to the court about that after it was filed but received no answer!). have done a thread in general section advising that the judge said stays are not automatic in claims which were listed to be heard before the test case was announced, which I'm guessing applies to you. So, good sign for you and something to stress tomorrow - your claim very near to being heard so unfair to you in particular to stay at this late stage. There were a couple of Barclays claimants at the Court and solicitors there to ask for stays but there was one girl who had not had anyone turn up to actually ask for the stay. I told her judge is on side, go in and ask for judgment! Hope she got it. My joy is tinged with disappointment because i amended my claim and asked bank to agree - they only told me on Monday that they wouldn't so it was too late to apply formally. I asked the judge to amend it and he said he would adjourn the hearing so I could make the application and give notice to the bank. I thought I would take the money for now! (this is totally my fault for being foolish enough to think they would agree). I have since written to the bank's solicitors saying i will take a discount on the money i didn't get (£900), if they pay it now. Otherwise i will issue a new claim and they will have to put in a proper defence before they can ask for a stay. If they don't put in a proper defence, i will ask for it to be struck out ! I was nervous but the bank's agent was a bit of a muppet so that helped me calm down. I'm sure you will be fine and do a great job tomorrow. Can't wait to hear!

 

Hi I am one of the 500+ 14th August 'blanket stay' from what you are saying the bank asked for the stay on the day, is that right? the judge in our case ordered the stay one week before the hearing date, the court date was sent to me 26 June. so this shouldn't have happened.

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It is up to each Court how they handle these things. I think it's disappointing that any blanket stays have been ordered. It should be up to the banks to ask for them, the courts should be recognising that not one case has been defended yet so it is only fair that people who had a hearing booked should be able to go ahead.

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Dear Olden -

 

The letter a lot of us received from Barclays - stating that they had 'asked' the Courts to 'stay/hold' all cases - was just that a letter.

 

My Judge yesterday said that these letters were NOT the correct way to ask for a Stay. An individual application along with a £65 cheque for each case was the correct way and the ONLY way to ask for a stay. AND it was up the Court to decide not the Banks.

 

Completely agree - No Stay had correctly been asked for - your case should have ben heard. I'm sorry you didn't have a different Judge.

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:D :D WELL DONE

 

SARAH AND JUICYD

 

I am so pleased for you, the Cardiff Directions hearings site we have been working from to send/take applicaitons for uplifting the stay and objections, has many useful templates brought together by some very clever people on here, smutley for one, have a look if you haven't already anyone in our position. A number of us decided to go down to the court anyway, just to make our complaint more obvious, I also wrote to the MOR in london and my MP, the Welsh Assembly, and Rhodri Morgan. as well as contacting the Western Mail and the Argus still waiting the outcome.

 

by the way as for Judge Hickinbottom we think he's done a runner gone to the bahamas maybe?

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welldone sarah,great news..

 

The Judge went on to say he did not think much AT ALL of the Banks asking for blanket Stays - when they do not actually apply for them the correct way ( individually and with a £65 cheque attached). He asked us all if we wanted Stays - we all said No.

 

Could this be used in most stay cases....if the banks havent applied the correct way for a stay ie with the £65.00 attached..could be used at court ?

Taff-p. v BARCLAYS

S,A,R. SENT 23RD FEBRUARY

 

Taff-p. v LLOYDS TSB

S,A,R SENT 23RD FEBRUARY

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http://www.consumeractiongroup.co.uk/forum/barclays-bank/109438-court-date-next-week-2.html

 

i absolutely think it should be used but it seems some judges are quite happy for the rest of us to be subsidising the banks use of the court system - we have to pay but they don't.

 

how a judge can give them a stay they haven't even asked for is beyond me, and so frustrating

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