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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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Forkandles V Bank of Scotland ***SETTLEMENT ACCEPTED***


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no, handles for forks!

 

Welcome aboard and good luck, we will watch out for updates

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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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  • 2 weeks later...

I suspect they're just a little busy :)

  • Confused 1

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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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Just a quick question, hope you all don't mind.

As I am at the LBA stage, do I stick with my full ammounts or do I start to break them down to prepare for court, as it seems advisible to keep claims to £750 max.

 

I am claiming for two accounts one for £1078.50 and the other for £1120.50

 

:confused:

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Are you in Scotland or England? Where was the contract made?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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I am in Scotland. One letter was sent to my local branch, the other to retail bank collections in Halifax.

 

I have an agreement where I am paying money back to these accounts and now use another bank for my banking as I am having real debt issues. If I can get the money back then it would half the ammount that I owe to them.:-|

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And on the 14th day a letter arrives............

 

Dear Forkandles,

it is my understanding that you are unhappy at the charges that have been applied to your accounts over recent months, and you feel that these should be refunded as dictated by recent Office of Fair Trading investigations.

 

Having started it's investigation into charges in 2004, the Office of Fair Trading (OFT) confirmed its opinion that default charges, as they are called, of more than £12 should be considered unfair.

 

We have noted the comments made by the OFT and have co-operated fully with the OFT during the consultation process and will naturally continue to do so. However, we cannot comment further at this stage, as we need to fully assess and understand the recent announcement.

 

At the moment the statement refers specifically to credit cards, but is likely to be expanded to other products in the near future. HBOS along with other lenders will respond to the OFT statement in due course.

 

Charges are specifically applied to customers whose transactions fall outside the parameters that have been set. It is approriate that an individual whose balance was insufficient to meet payments that he/she has made should bear the cost of the additional administration incurred as a result, rather than expect this to be absorbed by the shareholders as a whole. They are only applied when transactions fall outside the limits that have been set and they are thus valid.

 

In regard to your credit file I can confirm that this is a true and accurate reflection of how the account has been maintained. In light of this we would not be able to ammend any information.

 

I am sorry that this letter does not provide you with the response you are seeking however I trust this clarifies matters for you. I have enclosed a copy of our complaints leaflet, which explains our procedures.

 

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you within the next eight weeks I will assume you are satisfied with our response to your letter.

 

Yours

Liam Pollitt

 

This letter was sent from Halifax, at Trinity Road.

 

Any comments please.:confused:

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Waffle.

 

Just proceed with your claim.

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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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Thanks for the comments.

 

After going through other posts I have decided to send the LBA, but asking for just £750 as this seems to be the best way to proceed in Scotland.

 

What I would like to know, do I just arrive at this figure through charges alone or do I try to get this figure from charges and the overdraft interest?

 

I do intend to go after all the charges, but in £750 blocks, so this may take a little while.

 

Any thoughts comments?:confused:

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£750 in charges

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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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Another letter arrives....

 

Dear Forkandles,

Thankyou for your letter...blah,blah.....charges are justified....blah,blah.....However, as a gesture of goodwill I am prepared to refund £475 of charges in full and final settlement of your complaint. This amount covers both accounts, £250 for one and £225 for the other.

 

Thankyou, but no thanks I want ALL my money back and will be writing to let them know. I am so glad they sent this letter, because now I feel that they are on the run and will at some point cave in and give me money back.

 

The letter was sent form Retail Banking in Rosyth.:-)

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LBA sent of yesterday (21/6/06) to branch and Halifax for £730 in charges from 2001 to 2005. I included a list of all the charges dates etc.

 

For fun I sent a reply to the letter offering me some of my money back, saying that I would take that, but that I also wanted the rest from them. Lets see what they come up with next.:grin:

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I've just had fun with them today on the phone. Will post more details early next week as I don't want to compromise my position....

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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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  • 1 month later...

Was getting ready to head to court with a claim for £730 (first block of charges) when I get a phone call and letter offering £1413 for both accounts, it breaks down as follows:

 

Account one: charges claimed 995.00

bank offer 749.00

difference -246.00

 

Account two: Charges claimed 1027.00

bank offer 664.00

Difference -363.00

 

Total claimed 2022.00

Bank offer 1413.00

Difference - 609.00

 

The figures quoted do not included any interest. To be honest I am thinking about taking this offer. This is due to the fact that i have to claim in £750 (max) blocks in Scotland and the thought of having to do this for months at a time does not seem that appealing.

 

Any comments......................

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  • 2 weeks later...

Congratulations

 

Would you take a moment to fill out the survey please?

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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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