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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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BOS CC offer. . .


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Hello all,

 

I had sent my DPA request (standard letter from library) for Halifax & Bank Of Scotland credit card on the 5th June.

 

Today received two thick brown letters containing my statement for the last 6 years.

 

The cover letter states . . .

---------------------------

Dear Mr XXXX

 

Our Reference: xxxx xxxx xxxx xxxx

 

I refer to your recent communication and enclose a copy of your statements(s).

I hope this meets your requirements.

 

Your Sincerely

 

Amy Lawrie

---------------------------

 

I did not just ask for the statements but also any manual intervention (as per the standard DPA letter).

 

Dose anyone think it is worth chasing them for this? Or should I just add up the fines and request repayment ???

 

thanks in advance,

 

Hondamad21:)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Dont worry about manual intervention, just add the charges and you're away!

 

Good luck

..

.

 

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.

 

 

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  • 3 weeks later...

Hi,

 

Sent my DPA on the 5th June. Received my statements on the 22nd June. Sent initial letter. Received reply yesterday. . .

 

“Thank you for your letter . . .

 

We incur costs for administering . . .Bank believes it is fair . . .

 

Charges clearly outlined in terms and conditions . . .Complying with the Banking Code.

 

To demonstrate our commitment to you as a valued customer, prepared to offer a refund for half the amount applied to your account in the past six years. “

 

If anyone wants the full version I can type it up for them.

 

Just wondering dose anyone have a letter to basically say that I accept this as a part settlement and I will continue proceeding until then ?

 

 

Thanks in advance,

 

Hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Hi Hondamad,

Unfortunatley if you say you will fight for the balance of charges still owed they will probably withdraw the offer and make you fight for all of it.

BoS called me and I was offered around a quater of my charges back, I said yes please but i will go to court to get the rest, next day i got a letter saying i had declined the offer as Full and Final settlement.

Sorry if this is not what you wanted to hear.

Mairi

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Hi Mairi,

 

I expected as much. But I am willing to hold out for the full refund.

 

So what happened with your claim?

 

Regards,

 

Hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Hi,

 

Received a letter from BOS CC today offering the to pay back the charges. However they are refusing to pay the interest that was charged to me for the unlawful charges. To confirm I am not talking about the 8% we add when we take the claim to court but the interest that they have charged me, which i calculated through Vampiress great spreadsheet.

 

Should I accept this offer or hold out for the full sum that includes the interest I have had to pay?

 

kind regards,

 

Hondamad21

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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hondamad21,

 

Seems to me you should hold out for the full amount as if BOS wants to take issue with the amount you have added on for interest then they will, ultimately, have no option but to see you in court.

 

Clearly, the chances of this happening are remote though it might, I guess, mean it takes you a little longer to get your money.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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I agree. They will try their best to put you off, but I can't see the sense in them going to court for this small part, which is a genuine attempt to work out the interest.

 

Accept only on the basis that it is a partial settlement, and make it clear that they will face court costs plus interest persuant to s.69 County Courts Act if they don't settle your claim in full

..

.

 

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.

 

 

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