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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Cathy Walker Novitiate

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    Default WALKER v Halifax

    I am new to this but have been reading up on all the other links. It's GREAT to know that there are people out there to help you out along the way and to give such GOOD ADVICE. Here's where I am at the minute.....
    Sent 1st letter on the 28th July 06. They cashed the £10 cheque (request for my statements) on the 8th August.
    Received THE STANDARD LETTER that they will send out statements shortly but havn't got anything back from them since.
    NOW HERE'S THE THING.... Do you wait 40 days or is it 40 working days I mean how long does it take to print off statements and post them!!!!!!!Sorry for the stupid question but I'm starting to wonder what I've got myself into and the thought of COURT ACTION makes me REALLY NERVOUS.
    Thanks Cathy.

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  2. #2
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    Default Re: WALKER Vs The Bank That Likes To Give You Extra... CHARGES!!!

    Dont worry, I have just sent the second letter, I thought that when I was where you are but I thought this is my money I have paid unlawfully and I desirve it back, speak with Citizens advice they will help explain the process if it goes to court and possibly guide you in the right direction, thanks Rob


  3. #3
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    Default Re: WALKER Vs The Bank That Likes To Give You Extra... CHARGES!!!

    Thanks Rob, Since you put it like that, you're right. It was
    MY money and if it had'nt been for them and charging me soooooo many charges I would have never been over my limit in the first place. It's laughable really (but im not laughing yet!!) They have made the state of my account worse with all those charges. What a cheek.
    Thanks for the support. Cathy.



  4. #4
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    Default Re: WALKER Vs The Bank That Likes To Give You Extra... CHARGES!!!

    40 days, not working.

    You don't need to worry about court action, but the fact that you have mentioned it is actually good news. It means you have been reading!

    Just keep us posted with your case and we will guide you all the way. I was new once and had the same sorts of fears, honest!

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  5. #5
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    Default Re: WALKER Vs The Bank That Likes To Give You Extra... CHARGES!!!

    your welcome as you said it is laughable, but that is how they have made soo much money over the years, its a discrace having to have paid that much, i am the worlds worst with money, but you would expect your bank to advise and help in situations where you need to go over your overdrafticon by a matter of a pound. yours Rob



  6. #6
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    Red face Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    Hi, me again.
    Well STILL WAITING for these statements and still nothing They have, I think 1 week left to reply and thats the 40 days up. Any suggestions on what I do now? I am really getting annoyed as they were quick enough to cash my £10 cheque on the 8th August for the statements and still NO STATEMENTS!!!! Oh and just to add insult to injury they have sent me another 2 letters and charged me £30 for each one. THANKS FOR THAT!!!!!!!
    FED UP NOW...... CATHY.



  7. #7
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    Default Re: Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    I've had a similar problem - charged my account £5 for statements - bounced a cheque as over limit - and then not sent them.
    My correspondence from them now states that they have not done anything wrong.
    So, I guess it'll be another moneyclaim for the £5, £39 bounced fee and the charge Amexicon made for a returned payment!


  8. #8
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    Red face Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    Can someone Tell Me PLEASE. :?
    My 40 days are almost up now and STILL NO STATEMENTS. I was going to phone them and threaten them with some kind of complaint action. But what do I say to them to make them get things started RIGHT AWAY!!!!!!!!!!
    Thanks Cathy.



  9. #9
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    Default Re: Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    try one of the templates from here Data Protection Act - Non-Compliance - Template Letters choose the one that best fits your needs.


  10. #10
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    Default Re: Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    Yes, and also maybe a polite phone callicon reminding time is running out, they generaly shape up then


  11. #11
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    Red face Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    Hi Everyone.
    Just up dating on my QUEST !!!!!!!!!
    Well phoned the bank yesterday to find out why I STILL don't have my statements. They put me on hold......came back after a bit and Surprise Surprise they didnt have any record of my request! So I asked if that was the case how come that they cashed my cheque of £10 on the 8.8 06? To which she put me on hold again.....a bit later she was back and asked who told me to pay £10?(this makes me wonder that I paid too much someone told me its only £5!!) I told her that that's what I thought it was to get the statements and thought it was strange that if they didnt know anything about this, why had they sent me the standard letter about manual intervention etc and that the statements would be with me shortly!!!,so she put me on hold again........Soooo a bit later she was back and I also reminded them that the 40 days are up TODAY and that maybe I would have to go straight to the complaints procedure. With results!! They have put URGENT on the file and I will receive these Damn statements next week. Got my pen ready and waiting but I don't think I'll hold my breath just yet!!!!!
    Waiting pen in hand Cathy.


  12. #12
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    Default Re: Walker Vs The Bank that Likes To Give You Extra...CHARGES!!

    It really does make you wonder - they've had months now to get their staff and systems up and running to cope with the situation and they still don't know their a**e from their elbow! :o

    Jeep (The Wife & I)
    Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06
    Halifax joint a/c new charges £1100 - LBA sent 02/08/06
    Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)
    Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far
    Halifax Visa (#2) Data Protection Act sent - refunded £170
    DONATE - Support this site, it supported you!
    Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet
    All advice given in good faith and without prejudice or liability, to be taken at your own risk!

  13. #13
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    Red face Help.. Please.

    Hi, PLEASE if anyone can help it would be great.... I got my statements at long last and have gone through all 144 pages!!!!! to find the charges. Now, do I need a spread sheet or something and where can I find it? What do I do now? Would be very greatful if someone could point me in the right direction. Can't believe that things are starting to move!!!
    Thanks Cathy.


  14. #14
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    Default Re: Help.. Please.

    Hi Cathy they are in the Bank templates libraryicon

    Go on ... you know you want to click me
    don't be like the banks - give a little back
    There was a time before CAG but now CAG is here we are the empowered!
    In progress: Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06
    Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

  15. #15
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    Question Re: Help.. AGAIN......Please....

    ok!!!!!!!!!!! I'm really stuck here. Sorry for being sooooooo thick. But cant find template and is it the one where you add on interesticon or do you only do that with the template that you need before you go to court. Is it just a letter or is it a spreadsheet where you need to add on dates etc. Sorry but my head is spinning.
    Cathy.:? :? :? :?


  16. #16
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    Default Re: Help.. Please.

    http://www.consumeractiongroup.co.uk...eadsheets.html

    click above for spreadsheet. you add this onto your claim when you file at court.

    and if you havent send the letter of requesting refund it is here where you put the total amount of charges onto it. you do not add interesticon at this point.
    http://www.consumeractiongroup.co.uk...repayment.html

    good luck and hope this helps


    i would recommend you having a good look through the faqs again http://www.consumeractiongroup.co.uk...se-read-these/

    and also the library where the letters etc are
    http://www.consumeractiongroup.co.uk...lates-library/


    good luck lisaxx

    if i have helped you at all click please the scales on top right!

    ABBEY
    11/4 S.A.R - (Subject Access Request) SENT OFF
    1/6 LBA SENT
    22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES
    15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)
    20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.
    8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......
    SETTLED IN FULL!!!!!!!

    T MOBILE i won!
    16/6 Data Protection Act SENT OFF

    5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!
    7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH
    7/9 FULL REFUND BEEN SENT!!

  17. #17
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    Default Re: Help.. Please.

    That spreadsheet does add up the 8% in a different column, just don't add that bit on at this stage. If it goes to the point of filing your court claim you put it on then.



    Halifax
    Sent LBA 27/6/06
    Been on hol for a week, got home found letter from them dated 27/6/06 offer of £92 claiming £1155.10 so no deal.
    Filed claim with Moneyclaim 12/07/06
    Halifax acknowledged claim 25/7/06
    Court papers received 28/7/06 Halifax intend to defend.
    HALIFAX SETTLED IN FULL 1/8/06
    Donation made
    Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.
    13th Aug accepted offer unconditionally.
    BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06
    Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06
    DEFAULTS REMOVED 5/09/06.THATS 9 DAYS LATER, YES 9 DAYS






  18. #18
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    Red face Help Me !!!!!! Anyone Pleassse......again

    Ok have at last done my spreadsheet. I think it's right (1st stupid question!!) Are there supposed to be lines when you print the spreadsheet out as on the computer screen because when I printed it out, it just came up as a 2 page list with the amount, date incurred and days since offence. Will that do? (2nd stupid question!!) Do I need to send any kind of letter along with the spreadsheet and is there one I could use on this site? (3rd stupid question!!) Do I send this to Head Office Halifaxicon or to my own branch and do I send a copy to the courts, or is that the next stage?????
    So many questions I'm sorry about this but I'm soooo confused. Too much on my mind at the minute and I need this like a hole in the head, but I WILL STICK THIS OUT, UNTIL THE END. HOPE SOMEONE CAN HELP ME.
    MANY THANKS, CATHY. :-|


  19. #19
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    Default Re: Help Me !!!!!! Anyone Pleassse......again

    read the step by step instructions at the top of the forum, send it with the template preliminary letter, do not include the interesticon column until you actually put a claim into the court, fill in your name account number date to and from at the top of the spreadsheet, it doesn't have to have lines


    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.

  20. #20
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    Default Re: Help Me !!!!!! Anyone Pleassse......again


    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.


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