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Dazza75

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Everything posted by Dazza75

  1. No. On the pdf documents. There is a copy of my claim form and it says ‘For reference only’ so I guess the court has sent a copy of it via email to the solicitor. They are saying that the bank never received my claim form.
  2. No they were not provided by Barclays Bank. They were provided by the solicitor yesterday. As soon as she made the set aside application she sent all of this to me. it looks like she has rang them and they have forwarded the claim form onto her. There is an email in those files from the court to the solicitors.
  3. Their only half valid claim is that I sent it to Barclays and not them. They state in their paperwork here that they are ‘Instructed’ to receive it. They have never used that word in the emails sent to me. Also as stated you cannot send it directly to them. Money claim online doesn’t allow it so I have done nothing wrong. I did exactly what money claim online told me to do. What their solicitors wanted me to do was impossible so it wasn’t done. As for not receiving the claim, if they received judgement then they received the claim. Someone obviously didn’t action it or give it to a person that could deal with it.
  4. All documents attached. Doc_20200506_180421.pdf Doc_20200506_210503.pdf Draft order (1).PDF draft order 2.PDF EXHIBIT_CM01.PDF Letter to Claimant 06_03_2020 (1).PDF N244.PDF n434 form.PDF WS of CM01.PDF
  5. Her application to have it set aside. It looks like whatever she sent to the courts, she also sent to me. I mentioned it yesterday when I sent you a message.
  6. I sent the email to her last night that you wrote for me. Added a few little bits more to give some meat to the things you brought up and they haven’t bothered to acknowledge or reply. She has sent an email yesterday with all of those documents you mention. She actually had a copy of my claim as it’s in part of her claim documents so I don’t understand why she is asking me for it. Will the county court now send me a copy of the claim and and give me an opportunity to dispute the set aside? I have been googling how to go about it and to be honest I’m not finding much info at all so I’m not sure how it progresses from here. If it looks like they will win the set aside and I’d be looking to pay their fees I’d rather instruct a solicitor and pay them to fight it then give them a penny. Do you want me to upload the documents she sent? It’ll take me a little while but I can do it. There are a few.
  7. Not yet, I have copied and pasted it onto an email for me, I thought I would wait a little while in case you needed to make changes
  8. Also, that email she sent to me at 2.13pm - what if I didn't even see that email until tonight or tomorrow? She would have taken all this action without me having any awareness of it whatsoever. That hardly seems fair does it. They should have to do things like that as a hard copy letter sent in the post. Had I read that email at 5.30pm this evening, I would have already been 2 hours too late to do anything she had requested.
  9. Would it be worth fighting them on this? I am really up for it. Their main point of contention is that I served it to Barclays head office instead of the solicitors, and that I addressed it to 'Barclays Bank' which according to them is an entity that doesn't exist. They are saying it should have been served to 'Barclays Bank UK PLC' however it was sent to the correct address which is the head office in London. As we now know, it is not possible to serve a moneyclaimonline claim to a representative. You have to serve it direct to the defendant so that point has to be mute. Secondly, if a claim is made against Barclays Bank at the head office address, how much can that differ to Barclays Bank Uk Plc at the head office address? Bearing in mind I am a layman and not a law professional and that moneyclaimonline is there to be used by people like me, a layman who isn't a law professional? I have a few thousand pounds saved up so if its worth a shot then I'm willing to take a risk.
  10. I would be more than happy to send the letter, it would be nice if it all came to an end where the issues were dealt with. One concern is that she has already applied for the set aside, so does that make any difference? I assume fees etc have already been paid by them which they want to push onto me? Also, as you say, it is not possible to serve the papers to the banks representative so how could they have the judgement set aside when the governments own portal would not let me issue the papers to the solicitors directly? Surely a judge couldn't hold that against me, as it is entirely not possible to do as they 'suggested'? It isn't a case of I decided to be awkward by serving them to Barclays head office instead of the solicitors, I did it as it is the only thing you can do and there is no alternative.
  11. This is the only page where you can enter any details for the defendant. The next page is particulars of the claim.
  12. We didn't discuss who the claim is served against no. I will run through a claim on the site now and see what happens.
  13. There is one on the 25th March. I can’t see one for the 6th March. I will look again when I’m home but running through the emails on my phone there was no correspondence at all on 6th March.
  14. When I emailed Barclays to inform them I was taking action I gave my email address to them as a means of communication. They passed this onto the solicitors. I don’t recall agreeing to the service of documents in email with the solicitors.
  15. On the money claim online form it says to serve to the business at the business address so that is what I did. My last 2 emails to the solicitors in March went unanswered and there has been no correspondence since even though they were supposed to confirm Barclays had amended my credit record. How could I be sure they were still representing the case? I sent the claim to Barclays as that was the only way I would know for sure that it would be received by Barclays.
  16. They sent it at 2.13pm. Giving me 1 hour and 17 mins to reply. I don’t feel threatened at all. They are saying that Barclays are not aware of any of this, but if they aren’t then how would their solicitors know? Thanks for your reply BF. I wasn’t concerned or scared at all but I now feel confident with my thoughts on this.
  17. I have had an email from their solicitors today. I've tried to separate it out a bit as its pasting on here as a block of text, so apologies if its difficult to read. The claim was sent to Barclays Head Office. On the Moneyclaim website it asks who is the defendant and what is their address. The solicitors are not the defendant which is why it was not sent to them. They are also asking me not to enforce judgement, but I issued the warrant last week.
  18. Hardeep did tell me he would ask them if there was one. But telling Hardeep what it’s for wasn’t necessary. No one will tell me why I have one, and it’s me that has it. The bank are willing to tell other people what it’s for, when the reason for it isn’t really FOS business and wasn’t part of my complaint. Barclays could have said a simple yes or no.
  19. Quick question. Are Barclays allowed to tell Hardeep and the FOS that I have a Cifas and what it’s for? The paperwork and phone calls indicate that they have done so which is why they are blanked out and silenced. The FOS isn’t a financial institution is it? It’s more of a complaints body against financial institutions? If they have done so would it be a breach of data protection?
  20. I understand. In my follow up letter I will add the criteria and ask them to confirm that I satisfied all 4. I contacted CIFAS to complain and they said it has to go through the banks complaint process first. BF - The FOS have never investigated the Cifas so the bank cannot say its been dealt with. Also as mentioned. The bank via a phone conversation do give an explanation for the CIFAS to Hardeep, and he accepts the explanation. It's funny how they can tell him all about it but not me. Then Hardeep has 'suggested' to me that is isn't due to the charge back. So they have told him it definitely isn't for this reason. What is glaringly obvious is the CIFAS marker was placed the exact same day as they closed the bank account so I really cannot understand how they have explained this away to the FOS. Unless they have lied, or believe its for a different reason, or someone was over zealous at work one day. It's very confusing but I am looking forward to finding out.
  21. I will ring Barclays today to see if I can do it over the phone but will also follow it up with a regstered letter on Monday so there is a paper trail. There is no reference to Cifas on the Barclays SAR as such, Hardeep contacted them to ask about a possible Cifas, there are notes in the SAR that says an email is sent to Hardeep referring to this, but that information is not contained in the SAR. The emails between Barclays and the FOS are also not included in the Barclays SAR so they have not sent them to me. In the FOS SAR, there are emails from Hardeep to Barclays asking about the Cifas, and 2 phone conversations between them both referencing the Cifas, but the voice reply by Barclays is silenced out and there are no return emails to Hardeep mentioning the Cifas, so both are witholding this information. So to clarify, the FOS have sent me copies of emails between them and Barclays. Barlcays have not sent me copies of emails between them and the FOS. I did ask for this in my 2nd SAR to the bank, I specifically said I want everything that has been shared with 3rd parties.
  22. In the section where it says: Product relating to the application, proposal, account or facility - It says Personal Current Account. So the Cifas is for an issue with my current account. The only issue ever with this is the charge back. I need to open up a complaint with Barclays don't I and let that run to find out their actual reason for it. Will they tell me the reason, or just decide whether it can be removed or not?
  23. Absolutely. I sent a SAR request to Cifas, I have it in black and white. Category 6 Cifas applied 30th May 2019 - 1st Party Fraud. Registered the day they closed the bank account. When I mentioned the CIFAS to Hardeep, he said they could not deal with this case any longer as I had sent the letter to the bank stating I was taking action against them. So that is where my relationship with the FOS ended. I do remember somebody saying that a complaint would have to be made to Barclays regarding the CIFAS, and then I would have to wait for a final response, before taking it further, but is isn't something I have ever done because I assumed it could be sorted out via their solicitors. However, whenever it is mentioned to the solicitors, they ignore it. So the answer there is to start a complaint with Barclays regarding the CIFAS? I have just checked my credit file again, and it is still showing as a delinquent bank account. On 13th March, Danielle at the solicitors said ''In the meantime we confirm that the outstanding balance on your account has been cleared and we are corresponding with the Bank’s credit marker team to amend your record to reflect the FOS decision. We will let you know once this has been actioned.''
  24. Can I make the FOS tell me the reasons Barclays have given to them for the CIFAS? The guy at Barclays is telling Hardeep why they placed the CIFAS and Hardeep is accepting their explanation. I am completely baffled and its annoying me now that they think they have a reason for this, and its been accepted as ok. The CIFAS was placed on the exact day the account was closed. Surely there can be no other reason for it other than either the charge back, or something they have invented and believe to be true? On the CIFAS report it states the CIFAS is relating to my personal current account. The only thing that's happened with my personal current account is the chargeback issue. Also, Barclays have sent Hardeep at the FOS 7 months worth of Bank statements from Oct 2018 to May 2019 with all of my transactions on there. I thought my personal transactions and buying history using my debit card would be confidental? On the day they closed the account, the balance was minus £739.29. There is a payment from 'Barclaycard Northa Advice' of £739.29, which brings the account to £0 and then it is closed. From what I have found out, this is a manual payment from Barclaycard northampton. I have been through everythiing overnight. There really isn't anything there of any substance. I think everything is there that should be. Barclays didn't resolve this issue in November 2019 because they said, apart from the chargeback, there was another outstanding amount on the account that needed to be cleared by me. There was no other outstanding amount. Barclays told their solicitors, that they did not have my bank details to pay me any compensation or return my own funds. This is not true as there is an email from Hardeep to Barclays with bank details on them to make these payments in November 2019. It seems the issues were not resolved in November, after the FOS decison because the person at Barclays just simply didn't do it, and that's it. It wasn't done because they didn't do it.
  25. I have found the paperwork. I will go through all of it this weekend and document the calls. One thing that is standing out is the CIFAS issue. There is a conversation about it on 17th February 2020. Hardeep is saying, is the CIFAS a result of this chargeback, the guy at Barclays then starts to reply but the recording goes silent for 2 minutes whilst they discuss it. So from what I can gather, Barclays are saying the CIFAS isn't due to this chargeback, it is for a different reason but I cannot find out what as that information is missing completely from phone calls and emails. The CIFAS is for Multiple Encashment Fraud. I haven't done anything which could lead to a CIFAS. Also, this CIFAS was placed the very day they closed my account. It seems I am unable to find out why the CIFAS was placed.
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