Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. 11th March 2010 09:04 #1
    professorgbr professorgbr is offline
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    Default Bank of Scotland card County Court claim

    I have received a claim form from county courticon for the balance of a card £5,500 They never sent me a copy of a signed agrement just a copy of a fold up application form and their updated copy of terms and conditionsicon can anyone give me advice here.

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  2. 11th March 2010 13:59 #2
    Bigdebtor Bigdebtor is offline
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    Default Re: Bank of Scotland card County Court claim

    What previous correspondence have you had - going right back to when you first were unable to keep upm payments?

    BD

    £50k saved and £7k charges refunded:
    MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded
    Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k
    Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k
    HBOS Visa £5k charges refund via Blair Oliver Scott
    RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k
    Morgan Stanley/Aktiv Kapital £11k SB Nov 2010
    Over £40k balance write off and charges refunds to fight for:
    HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k
    Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k
    Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k
    Barclaycard/CSL taking £5 monthly on £10k debt

    I hope I have helped - if I have please hit my star - and recognise the others who have helped too.
    Bigdebtor
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  3. 15th March 2010 12:28 #3
    dundeelaw dundeelaw is offline
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    Default Re: Bank of Scotland card County Court claim

    You can put in a Defence that the account is in disputeicon (if it is). You can say that you have asked for a copy of the Original Consumer Credit Agreement but the the claimant is in default of this request. You can request that the court order the claimant to provide you with the information you require so that you can amount a Full Defence. Ask the court to sist the claim until they have complied with your request.

    You can put in a counter-claim for charges and interesticon, PPIicon etc altogether.

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  4. 21st March 2010 21:44 #4
    professorgbr professorgbr is offline
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    Default Re: Bank of Scotland card County Court claim

    This is the default notice opinions please, The agrement has been terminated since

    http://i991.photobucket.com/albums/a...ice1edited.jpg

    http://i991.photobucket.com/albums/a...ice2edited.jpg

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  5. 22nd March 2010 11:34 #5
    professorgbr professorgbr is offline
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    Default Re: Bank of Scotland card County Court claim

    This is the application form they sent, Opinions please

    http://i991.photobucket.com/albums/a...m1edited-1.jpg

    http://i991.photobucket.com/albums/a...orm2edited.jpg

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  6. 24th March 2010 15:53 #6
    fdpm fdpm is offline
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    Default Re: Bank of Scotland card County Court claim

    Ha! at least your agreement is regulated by the CCA - BOSicon are taking me to court saying the preference account is an overdrafticon and not a credit card and therefore not a regulated agreement!

    I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!
    Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.
    Donate as much as you can to this site as often as you can! We need to keep on helping each other.

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  7. 29th March 2010 21:03 #7
    Dotty50 Dotty50 is online now
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    Default Re: Bank of Scotland card County Court claim

    Hi Prof,

    What date did they terminate?

    Your DN is short on the remedy date which ever post was used. Did you keep the envelope?

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  8. 30th March 2010 19:40 #8
    professorgbr professorgbr is offline
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    Default Re: Bank of Scotland card County Court claim

    Quote Originally Posted by Dotty50 View Post
    Hi Prof,

    What date did they terminate?

    Your DN is short on the remedy date which ever post was used. Did you keep the envelope?
    No Didn't keep the envelope I have filed a defence with the court based on the notice being non complient with the act and that they terminated any agreement.(if any agreement was in place)

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  9. 30th March 2010 21:50 #9
    spark911 spark911 is offline
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    Default Re: Bank of Scotland card County Court claim

    Why on page 2 near the signatureicon is "Decline, £10k letter" written on it? Doesn't mean anything, but a random observation none the less.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE