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    • I don't think I've ever seen someone appeal a mags court decision on fare evasion, JK, but as you say in this case TiredDodo has pleaded guilty. It is possible to challenge, as below. HB Appeal a magistrates’ court decision: Overview - GOV.UK WWW.GOV.UK How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the...  
    • 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.
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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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i recieved a letter from court yesterday asking that by 4pm on monday the 10th of september file at court and serve on the defendent an amended particulars of claim which must contain

 

1 the legal basis for my claim

2 a concise statement of the facts i relie on in support of the claim and in particular

 

3 shall specify

 

1 the accounts in which i say chargers have been wrongly levied

2 the nature of charges and

 

3 shall set out in schedual form the charges in respect of which the claim is made showing for each charge the date the amount and the description of the charges

 

 

 

then it goes on to say if i do not replie within the time my case will be struck out so could anyone please guide me on what to do, ive no idea and really worried the bank are going to get away with it....

 

 

please please help if you can. thankyou very very much...:confused:

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You're going to need to amend your claim - so first things first, please read this thread thoroughly

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html as it explains what you're going to need to do next.

 

Basically, you'll be sending to the defendant and the court - completed N244 with N1 and schedule of charges attached.

 

You're going to need to download and complete the hard copy N1 form which is here Save this to your pc but please be aware that you can't save the changes once you've completed it - you can only print it off. So make sure you get everything correct before you print/close the form.

 

To help you complete the N1 form, follow the guidance in this thread.

 

For your schedule of charges, download one of these spreadsheets (the simple versions work fine and automatically calculate the s69 8% interest out for you). Don't delete the information that's already there though - simply overwrite it with your own information then, once done, delete any rows that you don't need. You'll need to ensure that you enter each charge you're reclaiming into the spreadsheet, along with a description of the charge and the date it was applied to your account to ensure your schedule is accurate.

 

You'll also need to download and complete form N244 which you'll find here Guidance for completing this form can be found on the first link I've given you above. However, as you've been ordered to amend your claim by the court, you shouldn't have to pay the £35 fee (phone the court and check). You're going to need to get a copy of everything in the post (first class recorded or special delivery) as soon as possible tomorrow though if you're going to meet the court's deadline.

 

Best of luck - post back if you need any further advice. :)

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