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Court Action for Default Linked to Unlawful Charges
Hi guys,
If someone were to make a court claim for unlawful charges, not including mention of a default which it could be argued was pretty much brought about by said charges, which went on to be settled out of court with no liability accepted could they after that bring a new claim to have said default removed because of those penalty charges... i.e. the argument of the claim would be that the charges were unlawful and led to the default and so it should be expunged...Would that be possible? If so, with the proper wording, the bank/CC company would be having to face the same argument possibly in court again and so I assume would be just as reluctant...Or would a judge see it as too similar a claim or too late, that you should have included it in the first claim...What do you think?!
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
Re: Court Action for Default Linked to Unlawful Charges
Oh.... I should mention that if you make a habit of bringing claims, you face the risk of being put on the Vexatious Litigants Register.
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. It is considered an abuse of the judicial process and almost always brings down sanctions on the offender
Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
Re: Court Action for Default Linked to Unlawful Charges
Originally Posted by pmhread
You can bring whatever claim you want as long as you pay the fee..... You pays the money you takes the chance...
Still don't see the point of not including it in the first instance.
The point was that I am completely new to the making of claims and am therefore very wary of possibly over-complicating them, that my credit record is as low as it gets and so I wasn't particularly bothered about defaults, rather the money that was taken from me, that from reading this forum it seemed that the banks were more stubborn and unyielding in relation to credit record matters than actual penalty charges, that as a total lay person I am perfectly entitled to making mistakes...Is that enough? The point of this thread was not to debate whether default matters should be included in the same claim but to discover whether it was possible and valid to make a separate claim if the matter of default was not included. OK?
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
Re: Court Action for Default Linked to Unlawful Charges
The point of this thread was not to debate whether default matters should be included in the same claim but to discover whether it was possible and valid to make a separate claim if the matter of default was not included. OK?
The simple aswer is.....YES.
You would have to show that the default was a direct result of unlawful charges.
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Re: Court Action for Default Linked to Unlawful Charges
You completely lost me with the last post but I can see what you are saying and can see what the mod is saying.
The faqs explain why its better to do it this way than that.
I am not saying you havnt read the faqs but the mod was asking why you dont want to address the 2 issues together they are presumably both connected as you say.
There are temp letters here that address both in the same vein and the fact that you are asking if they can be dealt with sep begs asking the question the mod asked you.If you arent bothered about a default and the possibility of removing it then thats your choice but you are not really being clear enough.
I wonder if you maybe are thinking that tackling the default side may delay the money side is this youre ask ?
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Re: Court Action for Default Linked to Unlawful Charges
Originally Posted by pmhread
Now then... wouldn't it have been easier if you had said that in the first place?
And sorry if it's not reassuring for you... would you have preferred it if I had lied?
Erm, I do not see why, since I asked a clear question and I considered your question to be irrelevant, which it was. You were totally missing the point.
As to reassurance, I was being ironic, my dear.
You could not possibly be labelled as such a litigant for one claim. If you use your brain for three miliseconds, you would be able to comprehend that for such a claim to be made the original claim would have been settled out of court and therefore cancelled anyway.
Your posts have been really unhelpful and you seem to have some kind of attitude with me which I do not appreciate in the slightest. I'd rather you stopped posting on this thread if you don't mind.
Re: Court Action for Default Linked to Unlawful Charges
I think the balance would be that it had to be a major contributing factor. The best place to look is under "DPA/Defaults" under "Legalities". However, it seems to be thought that where the default amount included more than 50% of unlawful charges, then it would be reasonable to expect removal - less than 50% and the chances of getting a judge to agree would proportionately diminish.
Obviously it is better to deal with the default at the same time as dealing with the financial claim - the problem you have is that the grounds for removal of the default are primarily exactly the same. This means you will be having to issue a claim on almost identical grounds as your first claim - albeit over a different issue.
Alan, Derby, UK.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Re: Court Action for Default Linked to Unlawful Charges
Originally Posted by Tobes
Your posts have been really unhelpful and you seem to have some kind of attitude with me which I do not appreciate in the slightest. I'd rather you stopped posting on this thread if you don't mind.
My pleasure...
But hey... good luck
Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
Re: Court Action for Default Linked to Unlawful Charges
Phew......Alan where have you been ?
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Re: Court Action for Default Linked to Unlawful Charges
Originally Posted by MARTIN3030
You completely lost me with the last post but I can see what you are saying and can see what the mod is saying.
The faqs explain why its better to do it this way than that.
I am not saying you havnt read the faqs but the mod was asking why you dont want to address the 2 issues together they are presumably both connected as you say.
There are temp letters here that address both in the same vein and the fact that you are asking if they can be dealt with sep begs asking the question the mod asked you.If you arent bothered about a default and the possibility of removing it then thats your choice but you are not really being clear enough.
I wonder if you maybe are thinking that tackling the default side may delay the money side is this youre ask ?
Thanks for trying to help but I asked the original question in that way because I have already issued a claim without mentioning defaults and I'm now trying to decide if I should persue the matter of defaults and so I need to find out if I still can or if I've closed that avenue...Site Helper guy didn't seem able to comprehend this...I did read the FAQs and at the time I decided not to persue the default angle because it seemed quite complicated to include everything in one claim plus I couldn't fit it all in when using the online Moneyclaim system anyway!
I guess he wanted to rub my nose in it for possibly making a mistake?
Re: Court Action for Default Linked to Unlawful Charges
Originally Posted by alanfromderby
I think the balance would be that it had to be a major contributing factor. The best place to look is under "Data Protection Act/Defaults" under "Legalities". However, it seems to be thought that where the default amount included more than 50% of unlawful charges, then it would be reasonable to expect removal - less than 50% and the chances of getting a judge to agree would proportionately diminish.
Obviously it is better to deal with the default at the same time as dealing with the financial claim - the problem you have is that the grounds for removal of the default are primarily exactly the same. This means you will be having to issue a claim on almost identical grounds as your first claim - albeit over a different issue.
Re: Court Action for Default Linked to Unlawful Charges
Tobes I made the same mistake in that I was not aware who actually listed the thing on my credit file till after I saw the report.
The dpa did not show me that.
I have since sent an additional letter that is running alongside my lba.
You can of course deal with this in accepting any settlement by making it a comdition.
Theres a lot of stuff getting discussed off the claimforms.
A bit of advice tho...if they do agree to remove the default make sure you get it in writing as there was a case where they agreed but later renagued
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Court Action for Default Linked to Unlawful Charges
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Originally Posted by pmhread
