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    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.  The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.  There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  So I implemented a Standing Order to this effect.  Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   So in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.  So I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.  So thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.  As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!   I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
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    • I think the most important thing here is to establish a paper trail. You have the right to return it within 14 days for any reason – the cooling off period. Also if there is a defect which manifests itself within the first 30 days then you have a right to reject the computer for that defect. I suggest that you write letter immediately – email – send it to them and make it clear that you are invoking the cooling off period and that despite your best efforts you have been unable to obtain an address from them and in fact you have found that both their staff and the systems are obstructive to your application of your consumer rights. Send a second email (they aren't normally able to understand one point per email – they get confused) and tell them that you are invoking your right to reject under the consumer rights act because of a defect and you want to know what arrangements they are making to collect the computer. Send both of these letters today. I suggest that the cooling off period one you also sent by recorded delivery post tomorrow but make sure it bears today's date. In terms of the defect, I suggest that you start going to the setup process again if you can and take a photograph of each screen so that you are able to demonstrate the defect. If Dell tries to shirk their consumer obligations then you will have evidence that there was a defect and after that we will help you through the next step.
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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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Well done. :D

 

I have merged your threads so people can follow the claim from start to finish. I have also changed the title.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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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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