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dippydips

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  1. Pete, good morning and thanks for reply. With regard to the original hearing date I sent all the relevant arguments (as detailed on this forum) to Barclays and the court at the end of August for a September 14th hearing and recieved nothing in return from the bank. The stay was then granted on the 8th september and this has formed the basis of my appeal, that Barclays forfeited the right to defend the claim. I filled in the application notice (n244) and sent fee and have had a copy of this returned, along with a notice of hearing of application (1400 28/11/07) and a general form of judgement or order ( District Judge A******, upon reading the ex parte application, orders that this matter be listed on notice on the first open date with a time estimate of 1 hour). Nothing I can see where the judge is directing the bank specifically. I'm hoping that Barclays either will, contact me before said date and settle or that they will be a no show on the hearing date and the judge will have no option but to lift the stay. The only slight issue is that I'm fighting this for my son and whilst I will be in court with him, I assume he will have to do the speaking and therefore will have to keep the argument short and simple. I am also surprised the court has allocated 1 hour for what seems a fairly straight forward yes or no situation. Anyway, any further advice would be greatly appreciated. Ian
  2. Morning all, I have appealed to try and get the stay overturned on the following grounds, that bank failed to file any documents to be relied on in court, written statements or a skeleton argument within 14 days of the proposed hearing and have therefore argued that the bank forfeited the right to contest the claim. The date of the hearing to lift the stay has been set for 28/11/07 and whilst I have my doubts that this is a sound legal argument I,m willing to chance a no show from the bank involved and hopefully this will leave the judge no other choice than to award in my favour. Are my reasonings valid ? Any advice would be welcome.
  3. Morning all, On the 22/09/06 sent the letter before action (recorded delivery) regarding the £885 charges. However, on the 25/09/06 recieved a letter offering £350 towards the amount sought without any admission of liability. Again, would assume this is fairly standard. Although the signature slip states that if I accept the £350 it will be for full and final settlement, is this now a departure by Barclays Should I just ignore for now, wait 14 days for them to respond to the letter before action and then proceed with a moneyclaim if their response is anything less than the full amount, or, still sign and accept the £350 and write on the slip that it is part payment and I will be proceeding with moneyclaim if the outstanding amount is not forwarded. Regards Dippydips
  4. Evening all, well 40 days to the dot and I recieved my statements. Anyway, £885 in charges and the request for charges to be returned (from the template) will be forwarded shortly. Heres hoping ! Regards Dippydips
  5. Afternoon all, 14/7/06- sent the data protection act request, as laid out in the template, via recorded delivery. 17/7/07- Received what I would consider to be a standard response from Barclays, stating that the information is not covered under the data protection act, that no manual intervention was undertaken and that on this occasion the statements would be provided under the normal channels for obtaining statements. The ten pound fee was also returned. I assume from this they are trying to convert this into a situation whereby they are not bound by the 40 days, however if they supply the statements as promised within the next few days, then would this be acceptable and would I only need to resend the initial request + fee if these do not materialise. As I never entered a time period with the data request the statements will go back 25 years, so the postman will love me. By the way, not sure if this has been mentioned, I recieved my Mint and MBNA credit card statements today and they have both reduced late charge payments from £25 to £12, without the usual fanfare of publicity you would expect when reducing charges. Regards all and will keep you posted.
  6. After many years of going head to head with various banks with regards to my account charges with little or no success, I stumble across your website and a whole new avenue of hope opens up. The template for Data Access Request will be sent to my various bank/credit card accounts Monday. Their appears to be little publicity sorrounding this at the moment, do you feel that this is the reason so many claims have been succesfull with no court action and as the list expands then at some point the banks must make a stand to try and defend these payments. Anyway, heres hoping for every success with your website and me for recovering the charges. Will keep you updated. Regards Dippydips
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