February 22 2007 Poole County Court

[keren29]

Bankfodder has asked me to post this in this forum.

The District Judge at Poole County Court has decided to hold ALL outstanding bank charge claims for ALL banks and credit cards on

22 February 2007 at 10.00am.

If you have a claim listed for this date at Poole, please post it here.

I have three claims

Two for the Abbey
One for Citicards.

I spoke to him this morning at a hearing when he removed a stay. He said there are around 50 cases to be heard. All the stays which were in place are to be lifted and he will deal with them in batches ie all the Abbey claims in one go, all the TSB claims in one go etc.

He said it will either be a damp squib because everyone will have settled or a mad scramble for seats.

[weeezelll21]

I have two claims being heard at Poole County Court at this time - one for Cahoot and one for Barclays. I'm very nervous!

[keren29]

I'll see you there then!

Well, I probably won't see you there, the Abbey will hopefully settle both my claims and Cahoot and Barclays will settle yours.

I predict it will just be me and Citicards, with them fighting over not wanting to refund me the princely sum of £375!

[weeezelll21]

Cahoot settled with me in full this morning!! But no word yet from Barclays... How are you getting on? Any luck yet?

[keren29]

Abbey wrote yesterday and are settling both claims!

Just the obstinate little so and so's at Citi!

[SurlyBonds]

I had one against Lloyds TSB on the same 10am list - however, they chickened out yesterday and paid the full amount into my account.

Pity really, I'm getting to really enjoy these cases, and haven't lost one of them, or the default removal cases I've claimed for.

[roboraver]

Surleybond, are you able to request that the defaults on your credit file be removed ?

[SurlyBonds]

Originally Posted by roboraver

Surleybond, are you able to request that the defaults on your credit file be removed ?

It is my contention that settled defaults should be removed under the basic argument that the contract has thus ended (with all parties' interests settled) and therefore all clauses of the contract are then ended.

As such, the clause where you originally gave the lender permission to disclose your account data to CRAs is also finished. In which case, any future disclosure of your account details is in breach of the contract, and under the Data Protection Act, you can ask them to stop processing your data.

I've used it in over 20 cases that I have been helping on, and we've won every case. Having said that, it all depends on your specific case and how far are you prepared to go to having it removed.

Other people on this forum have also used the template and have reported back to me that theie settled defaults have been removed, but, again, it comes down to specific cases and the individual circumstances.

The template is in a thread in Legalities, called Default removal - a proposed method. It was a sticky thread, but for some reason was made unsticky a few weeks back. (Don't ask me, I'm only the piano player)

However, I have made some changes to the template offline as there are some other important new items that need to be included which actually makes the matter almost indefensible to the lenders and C.R.A.s - this is based on two case precedents held in a higher court.

I might update the thread if a) I can still find it, and b) get time to edit the template.

Good luck.