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Smiley Scouser 27

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Everything posted by Smiley Scouser 27

  1. Had a reply from the court today saying that the judge has looked at my letter requesting that the stay being removed & he is not willing to lift the stay. AAAAAHHHHH!!!! Oh well, **** happens
  2. Hiya, I recieved a letter from Liverpool County Court advising that my case, due to be heard on 8th October 2007 is going to be stayed until 31st March 2008. I've just realised that I need to inform the court within 7 days of it's service to vary or set aside. The stay was put in place on 10th September so I am cutting it fine and am going to send my objection letter today!! Do I need to send my objection of stay letter to Barclays as well?
  3. I have a 'Breach of The Data Protection Act' case ongoing & I e-mailed Sharon Daboul (who was dealing with my case) advising that I would withdraw my proceedings if Barclays refunded my court costs (£30). That's all am claiming on this case (I have a bank charges one as well, but we all know the situation there). I received a e-mail back which was not meant for me but for another member of Barclays staff!! I e-mailed Sharon back saying, "I assume that e-mail was not for me and also that I would like to add £20 for postage costs". I received an e-mail back from Rosmary Treves Brown saying that she will refund my court costs of £30 to my Barclays account within 48hrs if I send a letter to Barclays advising that I have withdrawn my case with the court. I e-mailed her back saying that I will accept £50 into a bank account of my choice by Friday & she has got back to me with an e-mail which I assume is an attempt to scare me. It says that " I just point out that you have chosen to issue proceedings against the bank which you are keen to withdraw. The usual rule on a claimant withdrawing proceedings which they has begun is that you pay our costs, which would include my time, and the paralegal's time in preparing a defence to your claim, logging it and discussing it with me. This amounts to several hundred pounds. Instead, we, the defendant to this wholly unwarranted matter, are agreeing to pay your court fee in relation to the claim you brought against us which you now wish to abandon. You are now seeking another £20 in postage costs. She then again offered me £30 into my Barclays account within 48 hours of me informing the court I have withdrawn proceedings. I have e- mailed her back advising that I must correct her in the statement that I am 'keen to withdraw my proeedings', I contacted them to save my time & money & theirs. I also said that I don't believe I am being unreasonable by asking for £20 postage as this does not reflect my true costs. This has been going on since March so all letters have gone 1st class recorded, at least 60p, my time, petrol, printer ink etc . . . I also pointed out that I will also be claiming for my loss of pay for attending court because I am more than willing to go ahead so £20 is definately not unreasonable. I reiterated that I want it to go to an account of my choice because i no longer hold a Barclays account. I await her reply.
  4. Cheeky!!! That's what I think of Barclays Litigation team!!! I have a 'Breach of The Data Protection Act' case ongoing & I e-mailed Sharon Daboul (who was dealing with my case) advising that I would withdraw my proceedings if Barclays refunded my court costs (£30). That's all am claiming on this case (I have a bank charges one as well, but we all know the situation there). I received a e-mail back which was not meant for me but for another member of Barclays staff!! I e-mailed Sharon back saying, "I assume that e-mail was not for me and also that I would like to add £20 for postage costs". I received an e-mail back from Rosmary Treves Brown saying that she will refund my court costs of £30 to my Barclays account within 48hrs if I send a letter to Barclays advising that I have withdrawn my case with the court. I e-mailed her back saying that I will accept £50 into a bank account of my choice by Friday & she has got back to me with an e-mail which I assume is an attempt to scare me. It says that " I just point out that you have chosen to issue proceedings against the bank which you are keen to withdraw. The usual rule on a claimant withdrawing proceedings which they has begun is that you pay our costs, which would include my time, and the paralegal's time in preparing a defence to your claim, logging it and discussing it with me. This amounts to several hundred pounds. Instead, we, the defendant to this wholly unwarranted matter, are agreeing to pay your court fee in relation to the claim you brought against us which you now wish to abandon. You are now seeking another £20 in postage costs' She then again offered me £30 into my Barclays account within 48 hours of me informing the court I have withdrawn proceedings. I have e- mailed her back advising that I must correct her in the statement that I am 'keen to withdraw my proeedings', I contacted them to save my time & money & theirs. I also said that I don't believe I am being unreasonable by asking for £20 postage as this does not reflect my true costs. This has been going on since March so all letters have gone 1st class recorded, at least 60p, my time, petrol, printer ink etc . . . I also pointed out that I will also be claiming for my loss of pay for attending court because I am more than willing to go ahead so £20 is definately not unreasonable. I reiterated that I want it to go to an account of my choice because i no longer hold a Barclays account. I await her reply.
  5. My claims have gone as normal. Got the full amount back from Egg & Natwest & I am in the process of a case with Barclays. They can't use a DMP against you, after all you are taking steps to pay your debts back.
  6. Hiya, I am on a debt management plan as well & I won against Egg & Natwest. I am in the process of claiming against Barclays. The probability is that you are on a debt management because of the extortionate charges you have incurred!!! Definately Claim. Smiley Scouser xx
  7. Got my court date today which is 8th October. Paul Quinn is dealing with my ase but does NOT respond to e-mails so I e-mailed Dino & he replied with " As you've probably seen from recent media reports, Barclays are now contesting all bank charges claims. Paul will not be looking to settle your claim but will look to have it stayed until the outcome of any test case." I'm not a happy bunny
  8. I have a court date of 8th October & thought I would try my luck about settling!! I e-mailed the non-existant Paul Quinn who is dealing with my case & I also e-mailed the delightful Dino because he is the only one who ever seems to get back to anybody, anyway, lo & behold I only received a reply from Dino. It said " As you've probably seen from recent media reports, Barclays are now contesting all bank charges claims. Paul will not be looking to settle your claim but will look to have it stayed until the outcome of any test case. " HOW RUDE!!!!!!!!!!
  9. I didn't receive mine within the 40 days either, I sent a non compliance letter which was ignored. I then sent a letter telling them that I was going to get a court order against them, still nothing. I sent a letter to the Information Commisioner and filed a claim for Non Compliance. I received my statements not long after I filed my claim. I have kept the claim going because Barclays have denied breaching the DPA and have asked in their defence that I prove it, no problem for me, all letters I have received from Barclays are dated, this is proof enough!!! File a claim against them, it'll cost £30 but you'll get it back eventually.
  10. I decided to e-mail Dino before to find out who is dealing with my claims. I have one Data Protection Claim on the go & obviously another one for my charges. Barclays have filed their defences but I do not have a court date as yet. I called the court this morning & was told that I should call back on Monday or Tuesday of next week & they will have allocated a date for the hearing. I'm trying to get the money before my holiday in a couple of weeks but it's looking doubtful Dino got back to me within about 45 mins & advised me that Sharon Daboul is dealing with one case & Paul Quinn is dealing with another. I e-mailed Sharon & got an out of office reply, however, a Paul Haut is dealing with her cases. I e-mailed Paul Haut & he got back to me within a couple of hours & said as soon as I get a court date, e-mail him & he will update the file & let me know the bank's position. As for Paul Quinn's reply. NOTHING. Not even an acknowledgement. Very Rude.
  11. I love it, got a letter throught the post with a cheque for the full amount. The letter just says "It's not worth us going to court, here's a cheque, keep quiet!!!" Good Luck Everyone, you WILL win xx
  12. You've all really put my mind at rest. Marg, I will watch your post as well seeing as we are at the same stage. Good Luck xx
  13. In a Nutshell : 1, POC do not provide details 2, POC are summary in nature 3, The defendant is entitled to charge the claimant for unathorised borrowing as per T&C's 4, The defendant's T&C's give the claimant a fair and transparent view of the terms and charges applicable 5, the charges are what the claimant agreed to pay via the T&C's 6, the charges are not in breech of the unfair terms in consumer contracts reg 1999 7, therefore, charges were not unlawfully debited 8, charges were incurred when the claimant went into overdraft without agreement 9, the charges are lawful enforceable 10, if the charges is incorrent then the claimant cannot claim for any charges before 2001 as per limitation act 2001 11 In the alterative and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceableas alleged by the claimant or at all, and the charges were a consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss & damage as a consequence of such a breach of contract in allowing the account to go into an unauthorised overdraft. Accordingly, in the event that the defendant is unable to rely on it's express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant. (Very confused by the last bit, that's why i've typed it word for word)
  14. Just on way to work, will post the defence later xx
  15. I received a notice of Transfer of proceedings today from the court. It says Case No : 13456 Between : Ms Anon And Barclays Bank Plc Before District Judge Murdoch Sitting at Northampton County Court Without Hearing Date order drawn 12th July 2007 Barclays have put in their standard defence.( I won't bore you with it ) I am sending my Schedule of charges to Barclays Litigation Team tomorrow. What do I send to the court or do I just wait,they haven't asked for anything. HELP!!!!!!!!!!!!
  16. I love it!!! It was Barclays last day tomorrow to file a defence & i've just checked Mcol & lo & behold, they have submitted a defence!!! I now have to wait for it to be allocated to a court. BRING IT ON!!!!!!!!!!!!
  17. Thanx for that, you've put my mind at rest even more xx
  18. Recieved an acknowledgement letter from the court today. Nawest intend to defend the case. Getting a bit worried now but I know i'll be ok, loads of advice on here & previous cases to follow.
  19. UNBELIEVABLE!!!!! I received a letter today from Barclays addressed to a different name than myself, I opened the letter and it said "We are investigating a complaint that you made to The Information Commisioner about us but we cannot trace you by your account number or address, please give us more information". I have sent a letter back basically saying "The reason you can't trace my name to an account number or address is because you are looking under the wrong name!!! I have checked my reply from The Information Commisioner and they have used the correct name so if Barclays come back and say that The Information Commisioner sent them the wrong information then i'll just say "Well, isn't it strange that they addressed their letter to the right person!!!".
  20. Oh yeh!!! Sorry, it's been a long day today!!!!!!!!
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