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.
Wouldn't It Be Good If People Added Their Details When They Won. It Would Really Hellp Those Still Fighting I'm Sure There Must Be Loads Mor But This Is Oh So Useful
Anney
It seems in each case, the bank use the 30 day settlement option to delay things, would it be worthwhile using this list to request the judge not to allow the 30 days?
It seems in each case, the bank use the 30 day settlement option to delay things, would it be worthwhile using this list to request the judge not to allow the 30 days?
You mean when the judge orders a stay pending settlement?
The spreadsheet's designed to go along with the application to remove a stay, as detailed in this post: http://www.consumeractiongroup.co.uk...oval-stay.html
(thinking on, I'll add a link into the first post here.... )
Thanks for the kind comments btw folks, didn't want you thinking I was being ignorant
Cheers
Michael
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I'm afraid that'd be impossible to state unless people started reporting it in their litigation posts, sorry. Besides, previous claims being settled outside court with Contractual Interest (authorised or unauthorised) wouldn't have any impact on future claims being settled on the same basis.
Cheers
Michael
Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.
I was thinking along the same lines, if people start stating if they won with Contractual interest, it may help others that are going for contractual interest.
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Could this not be used to sway the judge to strike out the defence, as, all the cases have had a defence submitted but all settled before a hearing.
I was thinking along ther lines of the Lincoln judge where he said they were abusing the court system
Absolutely you can use this list of claims for something like that - abuse of process, where it's clear that the banks are using the court system as a "delaying tactic", etc... and showing that they've settled X cases without intending to step into a courtroom to defend them
Originally Posted by Memnoch
I was thinking along the same lines, if people start stating if they won with Contractual interest, it may help others that are going for contractual interest.
The only way I could see it helping is from a morale point of view to other CAG members.
As far as the courts are concerned, when a case is settled out of court, it's just that - a settled case - and the court isn't concerned about the arguments used within the case. Now, if there was a case actually heard and won, then there would be a reason to bring the detail of that case before the court.
Cheers
Michael
Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.
Perhaps i am being thick but i can't open the files. I take it that xls is an excel document(i don't have excel) but lit.settled is a word document but it opens with a load of strange characters and no word format.
Perhaps i am being thick but i can't open the files. I take it that xls is an excel document(i don't have excel) but lit.settled is a word document but it opens with a load of strange characters and no word format.
Yes, the xls file is an Excel document - if you don't have Excel (or a version of OpenOffice that can read Excel2002 files), then you won't be able to view it unless you have Microsoft's Excel Viewer installed.
As for the .doc file, it is not an actual Word document - it's just the Excel file renamed. As I wrote in the first post:
"lit settled.doc - the spreadsheet renamed - if you haven't got any "zip" software, just save this to disk and rename it to lit settled.xls
The forum software doesn't allow me to upload an Excel file (or at least, a filename with a .xls extension), so I simply changed the extension to .doc so it could be uploaded. This way, those that might not have any unzipping software to extract the spreadsheet from the zip file, can just save the file to disk and rename it. I'll make this a little clearer in the first post of this thread.
HTH
Cheers
Michael
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you are something else mcuth... i'm just here learning all i can. just won 6k relatively easy (few hiccups on the way) and eager to help others, but with a lot more knowledge than i've got already.
Excellent! I have a feeling this spreadsheet will come in handy. 2 days left til my 14 days are up since I sent Lloyds my lba...
Lloyds TSB
03/02/07 Sent S.A.R - (Subject Access Request)
15/03/07 Received statements (exactly 40 days after SAR)
15/03/07 Sent Prelim
21/03/07 Received standard response ack. Prelim
29/03/07 Sent LBA
Halifax 15/03/07 SETTLED Partial Settlement (75% of claim)
This is an Excel spreadsheet of all settled charge-related claims as posted in the Litigation Concluded forum, with the exception of posts that didn't have a case number. It contains an "autofilter" which can be used to show cases for one particular Defendant. One suggested use for the spreadsheet is to accompany an application to have a stay removed (as detailed here).
If you don't have Excel (or a version of OpenOffice that can read Excel2002 files), then you won't be able to view it unless you have Microsoft's Excel Viewer installed.
There is 1 attachment to this post - lit settled.xls
Updated 18th April - spreadsheet now available in Excel format - number of claims is now 591 - total value in excess of £1m!
Cheers
Michael
Just a point about the settled claims - would it be to our advantange to put in some other dates eg date settlement offered, date paid etc
might be able to work a pattern and the judges would clearly see that even if they enter a defense there is a timescale /
Just a point about the settled claims - would it be to our advantange to put in some other dates eg date settlement offered, date paid etc
might be able to work a pattern and the judges would clearly see that even if they enter a defense there is a timescale /
Hmm, not sure about just how helpful that would be since the courts only have to look up the case number on their computer, and we're simply providing an indication of how many cases that the bank has settled.
Remember that the spreadsheet is simply data taken from the Litigation Concluded forum, and it's hard enough getting people to a) report the date that the case was issued, and b) PM a mod with their case details for inclusion in the first place! (I believe that the number of cases from the Litigation Concluded forum is only a fraction of the total number that actually get issued)
Cheers
Michael
Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.
Would it be possible to use this spreadsheet to apply for costs as the bank are behaving "unreasonably" by forcing the litigant to waste a lot of time and outlay more of their hard earned cash to persue the return of the litigants own money unlawfully taken in the first instance???? Possibly show the court that the banks are meerly abusing the court service in order ro "scare" people off claiming. I'm sure, as you's are also aware, there will be many who only have a few charges and simply don't justify the time and expense to recover them, considering the fact that applying for costs is generally speaking a no-no.
Would it be possible to use this spreadsheet to apply for costs as the bank are behaving "unreasonably" by forcing the litigant to waste a lot of time and outlay more of their hard earned cash to persue the return of the litigants own money unlawfully taken in the first instance???? Possibly show the court that the banks are meerly abusing the court service in order ro "scare" people off claiming. I'm sure, as you's are also aware, there will be many who only have a few charges and simply don't justify the time and expense to recover them, considering the fact that applying for costs is generally speaking a no-no.
Indeed, you could use it in support of a request for costs - you're probably better off looking at this thread though, I know it's Lloyds, but it's a claim for costs based on the bank's unreasonable behaviour
Cheers
Michael
Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.