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.

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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.

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  1. #1
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    hairybear86 Novitiate

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    Default some important information regarding banks

    hi all, i just thought i'd make you aware of something, even though it probably wont happen yet, but my best friend works for alliance and leicester, and i also have another friend who works for Barclaysicon, they in the last 2 weeks have both had in house training regarding dealing with these claims against the charges, as over 30,000 cases have been in the last 6 months, and they are going to start fighting these charges as although it would cost them alot, in the long run the amount they lose by paying back people these charges will compensate that, so if thinking off claiming some charges back i'd get on it asap
    thought it useful info to share
    many thanks

    Similar Threads:
    hairybear

    lloyds tsb - preliminary sent 25/07/06 (recorded)
    replyed 08/08/06
    08/08/06 lba letter sent(recorded delivery)
    01/09/06 sent 2nd lba letter to lloyds replyed
    08/09/06 told not doing anything no offer made
    19/09/06 - filed claim with money claim,
    20/09/06 - issued
    02/10/06 -claim acknowledged
    19/10/06 - defence served
    24/10/06 - copy of defence & AQ recieved
    07/11/06 - deadline for AQ return
    07/11/06 - took AQ to courts& paid £100
    07/11/06a lso sent copy to SCM recorded with another copy of charge
    10/11/06 recieved copy of SCuM AQ, requesting 1 month, also stating not available november
    16/11/06 recieved court date set for FEBRUARY 13th 2007



  2. #2
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    Default Re: some important information regarding banks

    What rubbish!!! Of COURSE the banks are going to say that!!!!!!! Do you REALLY expect them to admit that their charges are unlawful, either to their staff or anyone else?

    If you are in any doubt over the legality of these charges, I suggest you do a little bit more research, my friend. Read this for starters: http://www.consumeractiongroup.co.uk...tml#post213612

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  3. #3
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    Default Re: some important information regarding banks

    it wil be very interesting to see them defend the legally indefensible!!that should be a laugh.....


  4. #4
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    Default Re: some important information regarding banks

    What I want to know is; why the hell are people (the public in general) so willing to believe absolutely everything the banks say without so much as a question? WTF is that all about?!!?!

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    Default Re: some important information regarding banks

    Nothing to worry about there. The Law is on our side so the banks will still not go to Court to defend the indefensible. If they were serious about defending their
    actions they would be dealing with their legal eagles not their own staff.

    Either they are teaching them what not to say to us, or they are training them to
    delay, defer and put us off from claiming.


  6. #6
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    Default Re: some important information regarding banks

    most people on here would like to see a bank actually turn up in court and justify their charges!


    Barclaycard
    Student credit card £400 partial refund received,
    S.A.R -
    Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open
    Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983
    Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement
    Capital one MCOL Settled in full
    Smile lba settled in full

    advice is given informally and without liability and without prejudice.

  7. #7
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    Default Re: some important information regarding banks

    Quote Originally Posted by pugsley
    most people on here would like to see a bank actually turn up in court and justify their charges!
    I disagree, i think some would, (most people, there are 70,000 members) want to get some moeny back with the least amount of hassle possible.

    I have long thought the banks will do something at some stage, and the problem is they are just as likely to pick on one of those people who dont want any hassle, as they are someone from a forum like this who has done the work and has the ability tro put up a reasonable case.

    The appearance at court is less about the law than about making a case.

    I hope if they do go to court they meet someone who has a clue, because otherwise it could mean an appeal to overturn a decision.

    As much as the case for the claimants seems water tight, the problem is that the banks know that court room skill is as much about winning cases as is the ability to interpret the law.

    Right doesnt always win.

    JMHO

    Glenn

    PS im a gloomy sod arent i !!!

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
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    GE Capital (Store Cards) ICO says theyve been naughty
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    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  8. #8
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    Default Re: some important information regarding banks

    yes you are a gloomy sod, anyway most of the people on here are doing small track so are not gonna change much. I would like to see how they justify at £38 charge in detail, I for one think they will have to come at it at a very new angle, one noone has thought about if they want to defend it, afterall they have the best lawyers etc.


    Sure I would like the money back, but I'm not claiming thousands and after all the grief and stress they have given me in the past I would like to see them in court. I'm all for settlement, but if someone annoys me/cheats me, then I find a new strength.


    Barclaycard
    Student credit card £400 partial refund received,
    S.A.R -
    Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open
    Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983
    Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement
    Capital one MCOL Settled in full
    Smile lba settled in full

    advice is given informally and without liability and without prejudice.

  9. #9
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    Default Re: some important information regarding banks

    The point i was trying to make, probably not succesffuly, was that they may well pcik a claim thats in fast or multi track.

    There is a recent case for less than 1000 that has been allocated to multi track!

    My claim will be fast track.

    They will try to defend and destroy the credibility of the claimant rather than the charges specifically.

    If they try often enough they may win one and get precedent set, i think it has to be multi track for that, but if they do then it will be relevant to fast track.

    Of course they could adopt this approach in small claims but claimants will likley benifit from support from the court at least in terms of process.

    But hey I hope im wrong.

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  10. #10
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    Default Re: some important information regarding banks

    yes I read your earlier thread and it seems a good idea to split the amount


    Barclaycard
    Student credit card £400 partial refund received,
    S.A.R -
    Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open
    Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983
    Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement
    Capital one MCOL Settled in full
    Smile lba settled in full

    advice is given informally and without liability and without prejudice.

  11. #11
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    Default Re: some important information regarding banks

    Quote Originally Posted by Glenn UK
    The point i was trying to make, probably not succesffuly, was that they may well pcik a claim thats in fast or multi track.
    IMHO, they're just as unlikely, or even LESS likely, to fight a case in the multi or fast tracks - where standard disclosre is ordered as a matter of course. Remember 'Elliot v. Lloydsicon'?

    Please remember to DONATE! Help CAG keep up the fight!


    Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

  12. #12
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    Default Re: some important information regarding banks

    i was just pointing it out, but thanks it makes me feel a little more confident with your views

    many thanks

    hairybear

    lloyds tsb - preliminary sent 25/07/06 (recorded)
    replyed 08/08/06
    08/08/06 lba letter sent(recorded delivery)
    01/09/06 sent 2nd lba letter to lloyds replyed
    08/09/06 told not doing anything no offer made
    19/09/06 - filed claim with money claim,
    20/09/06 - issued
    02/10/06 -claim acknowledged
    19/10/06 - defence served
    24/10/06 - copy of defence & AQ recieved
    07/11/06 - deadline for AQ return
    07/11/06 - took AQ to courts& paid £100
    07/11/06a lso sent copy to SCM recorded with another copy of charge
    10/11/06 recieved copy of SCuM AQ, requesting 1 month, also stating not available november
    16/11/06 recieved court date set for FEBRUARY 13th 2007



  13. #13
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    Default Re: some important information regarding banks

    Quote Originally Posted by GaryH
    IMHO, they're just as unlikely, or even LESS likely, to fight a case in the multi or fast tracks - where standard disclosre is ordered as a matter of course. Remember 'Elliot v. Lloydsicon'?
    Well its a moot point until it happens of course.

    We can agree to disagree but the point is its unrealistic to expect these court actions to continue ad infenitum until everyone gets their money back.

    This forum now has over 70k members and its growing at around 4 - 500 per day.

    If we go to other sites im sure they are growing too, and although there appears to be not a lot of really big interesticon in the press its something which as it becomes better known will grow.

    Anyway time will tell whos right i guess.

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  14. #14
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    Default Re: some important information regarding banks

    If the case were to do to anything other than SCT, is there any loophole we could exploit to force the claim to hearing instead of taking what they offer us? I've had two offers of payment - one was made with a charge levied in between acceptance and payment, meaning they effectively paid £20 less of the settlement; the second was made and accepted recently to credit my C/C balance, however, I then received notice of account closure dated before I'd sent my reply. I'm confident that I could argue that I am entitled to refuse any further settlement, even if it is at the full amount without admission of fault, on the grounds that I evidently cannot rely upon the bank for the necessary good faith.

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