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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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mo v bank of scotland


mo
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finally got courage to write to bos.after reading lots of stories from your excellent site,my story,try not to bore you,had this credit card all goin fine then had to go into hospital,with breast cancer and have mastectomy,everything ok now just on part time hours at work as consequence,kept bein late 25 pound charge this made me over my limit 25 pound charge,in total 1100.00 in charges,i must admit i thought it was all my fault untill i found your site,ive tried to pay them but you cant if they keep addin 50 a month.anyway worte to them,sod off letter back,sent lba,offererred me 100.00 and told me if i didnt behave theyd ask for the full balance,the thing is i didnt send Data Protection Act they told me on phone how many charges i had incurred,so my stupid question is do i need a scedule of charges before i proceed,please be gentle with me lol.im 52 and only just got the hang of the computer,i am a computer muppet,any advice would be wonderfull

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You'll still need to send out the DPA SAR.As well as asking for statements you are also asking about records of manual intervention (there won't be any!)to be supplied. You should be able to submit claim at court once you have received the information and can send a schedule of charges with your claim if you have already given the bank a reasonable amount of time(28 day) to refund. Good luck!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Just remember this is not based on a lupehole or anything silly. The law is on your side. Its just a matter of how easy/difficult the bank will make it for you! Are you claiming in Scotland or England?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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claiming in england,i understand what you say about the charges being illegal,its just when your not used to things like courts its very daunting,took me a long time to get this far,thanks to all your posts

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...illegal...

 

There not illegal, there unlawful. Its very, very unlikely that you'll have to go to court and even if you do there is help available, theres a "buddy" system you can register on to get someone near to you to go to court and help you prepare but I don't see that happening!!Its always been in the back of my mind that it mat happen but there are a few thread where the banks have paid £8K+ without going to court.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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sorry for that i meant unlawfull,i will probably need the help you mention,will send sar off in the morning,and get back to you when i have all the information,i cant thank you enough

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Mo dont forget to send the £10 fee with your SAR the 40 day deadline only staret when you pay it

 

Good Luck

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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If you include the £10 the 40 days starts from when they receive the SAR!If sent recorded it is deemed to be delivered 2 days after posting! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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