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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 22nd June 2006, 10:00   #1 (permalink)
Tina&Gaz
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Watch out, there are Claims Touts about!

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Question what do....these legal terms mean thread.

Deemed, set aside, served judgement, defaulted.

there's other words but I can't think of any more right now, if anyone else is unsure of a word, please feel free to post them on this thread, it would help me and others not in the know too.
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Old 22nd June 2006, 15:37   #2 (permalink)
SurlyBonds
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Default Re: what do....these legal terms mean thread.

Tina,

a good starting point for Court procedure, etc. is at:

http://www.justclaim.co.uk/index.html

For most legal terms, you can use the Courts Service (who have both English and Latin term):

http://www.hmcourts-service.gov.uk/i...sary/index.htm

In the meantime...

Deemed = considered or opinionated. e.g. 1) I deem this clause to be unlawful - I consider that this clause is unlawful
If a judge says that (and states in on a Court Order) it is not only his opinion, but the Order of the Court.
e.g. "I have read through the Claimant's file and deem him/her to be a reliable witness. As such, I find for the defendant, and order 1, 2 and 3 against the Defendant, NatWest Bank. I have deemed the charges applied to the Claimant's account to be unlawful, and therefore unenforceable at Law".

Set aside = put to one side, not necessarily thrown out of Court. e.g. one side might win a case, but the other party can apply to have the judgement 'set aside' due to certain circumstances, or in light of new evidence. They will usually have to write to the Court, or attend, and explain the reasons why they would like it set aside. The other party, equally, has the right to challenge the 'setting aside' application.

Served Judgement = The written decision of the Court sent to, or delivered to, both parties in the case. The document must have the seal of the Court (usually a Crown-looking rubber stamp mark) and the judge's signature to be genuine. A lot of bailiff and Debt Collectors try and use impressive looking letterheads, with coats of arms, and all sorts of latin-sounding terms and other bulls**t on them, to try and make out that they have official documents in their greasey mitts. Interim Justicia are one such outfit - they think their 'modern Latin-sounding company name (ho hum) means "Provisional Justice" and their logo of the legal scales is obviously designed to look like the Old Bailey's , whereas, in real English it means sweet fanny-adams, no authority from the Court, the Law, judges, the Queen...basically zip! Just gorillas in pin-stripes

However, Debt collection agencies are now not allowed to make their paperwork 'look' official or "include any marks, devices, or wording that might lead someone to believe that the document has the official authority of the Court", although many of them still break this rule.

Defaulted = not complied with. e.g. A 'defaulted' loan, means that you have not kept up your regular payments (as per the amount and interval written into the agreement) to such an extent that the lender has placed the contract in default. This is usually the last step they take, and they have a legal obligation to contact you beforehand to inform you that they believe that payments are missing, or haven't been sent. You can usually ask the bank to take the account back out of 'default' if you agree (and stick to) a repayment schedule. banks do have an obligation to listen to offers of repayment, even when the agreement has been broken.

A "default judgement" however, is slightly different. This is when the Court will award the case to one side or the other, becuase the other person(s) hasn't done what the Court asked, e.g. filed the right papers (and/or in the right format), turned up to Court, etc.
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Old 22nd June 2006, 18:46   #3 (permalink)
Tina&Gaz
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Default Re: what do....these legal terms mean thread.

oohhh thank you very much!
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