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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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.

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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.

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.

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Thread: Help!!!!!!!

  1. #1
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    Default Help!!!!!!!

    Hi Guys

    Need help, posted my DPA and they recieved it on 14th August, called a lady Joyce Tudor twice now and she has informed me that they have until 25th September to send my statements out, by my reckoning it is 22nd September (40 days), I still have not received them, what do I do next, getting really p***** O**. I can see it going to be a battel with these sods. All advice welcome x


  2. #2
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    Thumbs up Re: Help!!!!!!!

    Stay Calm, did you get proof of posting if so check the date. Give them until the deadline and then hit them with the non compliance letter if they still have not responded.

    RBS Bank Acc £1750 Settle In Full 16/10/2006
    RBS Credit Card £132 18/09/2006
    BlackHorse Voluntary Termination
    Bankrupt May 2009

  3. #3
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    Default Re: Help!!!!!!!

    Thanks for that, yes I have proof, sent it special delivery. Is this normal for am I just unlucky x


  4. #4
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    Default Re: Help!!!!!!!

    They were right on the limit with mine, then i got two copies of the statements!

    RBS Bank Acc £1750 Settle In Full 16/10/2006
    RBS Credit Card £132 18/09/2006
    BlackHorse Voluntary Termination
    Bankrupt May 2009

  5. #5
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    Default Re: Help!!!!!!!

    The 40 days is taken to start when they get the request.
    So you should add 2 days to the 40 !

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  6. #6
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    Default Re: Help!!!!!!!

    Just spoken to a guy called Sean Brown (American) he has informed me that they have been sent out, but looks like they have gone to the branch, I no longer have my account as it is now closed. Anyway, he said the branch probably have destroyed them and he has re ordered them for me, should take about 7/10days. Told him this was unacceptable they have had 40 days to respond. Do I send the next letter or wait until the end of next week to see if they turn up??????????


  7. #7
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    Default Re: Help!!!!!!!

    I would send the DPA non compliance letter in the templates libraryicon. This behaviour from them is totally unacceptable. Show them that you mean business from the word go.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  8. #8
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    Thumbs up Re: Help!!!!!!!

    Thanks will get this off tonight xxxxxxxx


  9. #9
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    Default Re: Help!!!!!!!

    Its now 7 days since I sent my 1st letter to them for non compliance of statements, they replied last monday saying they are onto it and will deal straightaway, and I AM STILL WAITING what should I do now??????


  10. #10
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    Default Re: Help!!!!!!!

    Please see alanfromderbys comments:

    Commence a county courticon claim in the same way as you would for money - however, in the particulars of claim you need to specify that you require the bank to provide the information as outlined in the original Data Protection Act request.

    You will find a suggested text for the Particulars of Claim elsewhere in the Bank Template Library.

    _________________________ __________


    It would seem likely that they will defend the action, but as with the claims for refunds it will probably not be worth their while going to court, and it should open the way for a dialogue.

    Should they try to defend, or allow judgement to be entered by default, it could have far reaching consequences - since it would put them in danger of having to reveal information that they have hitherto wanted to keep well concealed. It would also make it very difficult for the various regulatory authorities to allow the banks to keep stonewalling claims.

    I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive.
    __________________

    This can be found in the following thread:

    http://www.consumeractiongroup.co.uk...n-act-non.html

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  11. #11
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    Default Re: Help!!!!!!!

    Thanks for that, will go home tonight and see if I have any post, if not will start proceedings tomorrow


  12. #12
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    Default Re: Help!!!!!!!

    can you advise which letter in the template library I should use??? just a big boggled by all the info on the template letters x


  13. #13
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    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  14. #14
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    Default Re: Help!!!!!!!

    Keep us posted!

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  15. #15
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    Default Susie v RBOS

    Thanks, went home last night and not a sign of the statements, will send this letter off today x


  16. #16
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    Default Re: Help!!!!!!!

    Bump.

    Please read the links above. This is not a letter, this is starting a court action against them for non compliance. Take time out to read through all the information carefully.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


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