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brussels1

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Everything posted by brussels1

  1. Their renewal quote is dated December and requests me to tell themm to cancel. I am , however, adamant that regardless of FSA rules, the law is on my side as I have never accpeted their offer of insurance.
  2. I was sent a car renewal quote from NW which commenced on 8th January 2009. I obtained a cheaper quote and took out new insurance. I have today (19th January) contacted NW to confirm wit them that I do not require their insurance, but they say I now owe them £50. I told them that I had never asked for the insurance to be renewed so I should not have to pay for something to which I have not agreed - but they said they would refer it to their debt department. My understanding under contract law is that silence cannot amount to a contract. In other words, if I were to say offer someone £100 for a car and say if they did not get back to me in a week's time, then the contract would be completed for the sale at £100 , then a contract would not be formed as the other party had not communicated their reply, but remained silent on the matter. As I remained silent on their offer on insurance, I do not see how a contract was formed between NW and myself and how they can request money for something I do not need or want. Does anyone agree with this proposition? Any advice appreciated.
  3. I was contacted by Thames Credit regarding a credit card deby from 1997 which is in my name but linked to an address where my brother lived around this time. I can only assume that he took out a credit card in my name - which he denies. However, I written to Thames Cedit explaining the situation and asked them for proof that they have bought the debt and the original credit agreemnet so that I could check signatures. Thames replied stating that I will hear no more from them about the debt. two months later I have recieved a letter from Wescot stating that I owe them the money. I will send Wescot a copy of the letter, but in any case is the debt statute barred or is there anything I can do to get them off my back as the debt is not mine? Many thanks for any assistance.
  4. A friend of mine recently received a private parking notice. The car was parked on a stretch of road which after about 10m led to a set of gates for parking at the rear of some Housing Associatiuon flats. There were no yellow lines, but there were signs about clamping approaching the gates, which she presumed related to anybody who attempted to use the housing association parking- but nothing about parking tickets. As there is nothing displayed about parking tickets (only clamping), is this lawful? Secondly, what can they do if she doesn't pay? Any advice is appreciated.
  5. I've received my statement from Barclays which shows that they paid up in full (well almost) on the 21st November 2006. I mean that they almost paid up in full because I inadvertently agreed to their offer which only had interest included from July and not November. Anyway the money plus interest is back where it belongs. Everyone else keep going and don't panic becuae as long as you follow the procedures and guidance on the site , you will win.
  6. I didn't have any witnesses, experts or set out any extra information when I handed in my Allocation Questionairre. I just followed the guidance in the template
  7. Re: Claiming the 8 % interest- don't worry. I did the same thing. But when I rejected their offer, I simply explained that I had inadvertently included the 8% interest and that this was an error on my behalf and then I cited the correct amount of the claim (minus 8 % interest) It didn't affect my claim and I have as good as won, It's just that I'm too lazy too check that they have paid the money into my account from last week.
  8. As far as I know all cases are settled by barclays before the court date. Some people have to wait a week before the court date for a settlement, other, like me, recieved notice to settle 2 months before the court case. Actually on the day Barclays should have sent thier court bundle to the court. Just make sure you prepare your court case properly using the template bundle. I Also asked for copies of all charges and revisions since 1989 and all terms and conditions and revisions since 1989. I personally would not worry about it going all the way to court as Barclays know they are on a loser especially if you prepare your court case properly.
  9. Barclays did the same with me - agreed to pay up in full on the day their bundle should have been delivered to the court. I accepted and crossed out the bit about the confidentiality. That was on Wednesday 15th Nov. I still haven't checked if they have paid the money into my account as i never use it. I don;t have a cash card etc. I suppose on Sturday I will go into the bank and ask a cashier if the money has been paid in. Stevie T - Stick out for the full amount and well done.
  10. Court bundle delivered To Barclays 9th November and Court on the 10th November. Got home on the 10th November evening and their it was - a letter from Barclays to settle in full - with confidentiality. I've crossed that bit out about confidentiality and as long as they are happy with that , the money should soon be in my account. I don't know why thay agreed to settle so soon - not like them. Anyway, I'm not celebrating until the money is in the account. All I can say is that the bundle was the standard stuff in the templates with a couple of 'standard automated letters' as evidnece and the report from the northern Irish Competition Committe - - but the whole document was 200 pages. I did, however, also request the amount of all their charges from 1989 to date, including all revisions. I also asked for the terms and conditions from 1989 and all amendmnets to date. I'll update when/If I get the money.
  11. They are still definetely settling before the court date. For some reason, the day after after Barclays recieved my Court bundle (10th November)their was a letter from them to settle in full with confidentiality. I have crossed out this bit and agreed to settle. I'm now just waiting for the money to be in my account- that is as long as they accept the crossing out of the confidentiality clause. They'll pay up.
  12. Don't panic - They will submit before the court date- as they have done with everyone else. The court bundle is easy to put togther. I have included the folloiwng: All Correspondence Claimant’s Case Defendants Case Latest Schedule of Charges Statements Relevant Case Law Summary (Download the rest of the information onto 1 word documnent) Early Day Motion from the House of Parliament Dunlop v New Garage UTCCR 1999 UCTA 1977 SOGA 1982 OFT Statement Summary There is a zip file somewhere on the site where all of this (excepting correspondance, statemnents, charges spreadsheet ) can be downloaded. If you can't find it I'll e-mail it to you.
  13. With their defence sent from the court, you should also receive an ALoocation Questionairre to return to the court. see the advice on the site for its completion. Complete this and then you will later receive a court date - From receipt of the letter from the court you have a fixed period to submit your evidnence. I strongly recommend using the court bundle documnet which either Bookworm or Bankfodder produced - It will save you some time. Good luck and as far as I am aware - Barclays has paid up in full before every court date. Mine is 3rd January.
  14. At last - A court date - 3rd January 2006. Small Claims Track at St Helens. Should hopefully see Barclays pay up before the Christmas period.
  15. Update - Allocation questionnaire returned to the courts on 13th September 06.I'm now waiting for a court date. I understand Barclays keep quiet until a few days before the hearing and then make an offer - possibly omitting the 8% interest and with a confidentiality clause. They won't from me as I expect the full interest and the only way they can get me to sign a confidentiality clause is by buying it from me. I'm quite willing to go to court - should the need arise.
  16. If you received their defence direct, youb will (eventuallly) get a letter from the court with their defence and an Allocation Questionnaire. See the advice notes for completing the Allcoation questionnaire- It took the courts 5 weeks from the defence being submitted to me receiving the AQ-although it was holiday time August. I have until this Friday to return my AQ- which I will do. Good luck
  17. 1st September - At last I have received Barclays defence from the court, together with the Allocation Questionnaire. Now I have a few questions. The AQ form is N150. 1)Management information – I am a Witness but what should I put under Witness to which facts? 2)Section F proposed directions – I ticked yes for this section. Mainly because I have inclided notes about Standard Disclousure in the Other Information section. Is this correct 3)Other information - Do you intend to make any applications in the immediate future? What does this mean? I presume I tick No!! Finally, do I need to send details of my other evidence such as Unfair Contracts Act? Or do I wait until a later time for evidence? Advice much appreciated.
  18. Send it to any Barclays address - . Try the address below or the Leicester office address on statements or you local branch. I would send it by recorded delivery though- costs £1. Freepost RLTA-CSUE-TCHC Barclays Bank plc Head office customer relations 1 churchill place london e14 5hp
  19. 1st September - At last I have received Barclays defence from the court, together with the Allocation Questionnaire. Now I have a few questions. The AQ form is N150. 1)Management information – I am a Witness but what should I put under Witness to which facts? 2)Section F proposed directions – I ticked yes for this section. Mainly because I have inclided notes about Standard Disclousure in the Other Information section. Is this correct 3)Other information - Do you intend to make any applications in the immediate future? What does this mean? I presume I tick No!! Finally, do I need to send details of my other evidence such as Unfair Contracts Act? Or do I wait until a later time for evidence? Advice much appreciated.
  20. When Barclays submitted their defence, I never received an Allocation Questionairre to return to the court. All other people seem to hav edone so. I telephoned the court who said this is a busy time of year and the papers are with the District Judge. Is this normal procedure with the AQ etc? I received their defence 4th August
  21. Bookworm, Can you clarify that if you send in your statements with a prelim letters, how you know if they have manually intervened on you account. If they reply to the DPA letter with comments that they do not hold such information about manual informations etc, then they cannot rely on this later in court- or they would look very stupid if they relied on evidence amoiunting to manual intervention at a later date. ta
  22. I think you are requesting details that they won't provide for you. But, in my opinion, you need the knowledge (for 100% sure) that if it did go to a court hearing (very very unlikely ) that they cannot prove anything. Send a letter - similar to the one below. it's up to you if you wish to omit the part about a list of charges. the paragrapg starting Additionally..... is the importnat bit [your address] [their address] [DATE] Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, [name]
  23. You only ask for the interest on the charges when you apply to the courts.- as soon as you have applied to the courts , you add the interest. Before this time, only ask for your charges to be returned -
  24. In my opinion , you should still carry out a Data Protection ACt Subject Data Request asking for records of all charges, transactions and notes etc- as per standard template letter. Although you have statements, you would then be sure that they have no records of manual intervention on your account and if this is so , and if it went to court, you can be sure that they cannot prove that they have manully intervened on your account - Although to be honest, they wouldn't have manually intervened anyhow. I'm pretty certain that Barclays send a letter which states that , in any case, they are under no obligation to show manual interventions as part of a Data protection request - take no notice and continue with your claim as per standard template letters. Your template letters are in the top section of the page where you enter each of the forums for each bank
  25. I've just been reading some other threads and have a question. After receiving Barclays defence, do I sit back and with for the Allocation Questionairre and then add wait to my claim etc, or do I need to respond to their defence??? Ta
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