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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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russellfleet -v- First Direct - **WON**


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Hi all

 

First off, great thread - have ploughed through it since I joined on 2 May and didn't take long to decide to go for it:)

 

Being the nerdy type, I have all my bank statements for the last seven years, so went through the last six with a highlighter and the b****rs have had 1 234 off me! Which just about matches my overdraft right now, so...

 

12 May 06: Preliminary approach sent - thanks for the template, which I tweaked a little for my own purposes

 

15 May 06: got letter from Maureen Watson - not a name I've seen on here so they must be putting more people on the team! No breakdown of charges as requested, plus the usual 'not agree... contention... unlawful... escalate... Kernaghan' guff, plus leaflet outlining the very terms and conditions which continue to be overrturned in the courts - they don't really think this through, do they:rolleyes:

 

26 May 06: LBA sent, increased amount to £1 339 as they'd slapped another £105 on me since then, despite being warned not to - awaiting response.

 

So... just a few questions. Do most people use the moneyclaim site? Seems to be easiest but I see there's a pdf template in the library for a claim you can send in. Which is quickest or most efficient?

 

Also, I remember reading on here that it's useful to have a the defence ready in case they decide they really are going to challenge it and there was a reference to something on Radio 4 where a guy froma bank blew the whistle on why they make the charges (to finance 0% deals I think)... wher edo I get a copy of that?

 

And will I need to supply a copy of the OFT's ruling on Credit Card charges of April ths yaer? If so, where do I get that?

 

Or am I just being paranoid and overthinking their likely response?:confused::D

 

Any hints or tips gratefully received

 

Russ

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Hi and well done for getting started, firstly moneyclaim or N1? Moneyclaim is faster, but if you are on benefits you may not have to pay the court fee if you use the N1 form (there is exemption application form that you can find in the library).

 

I wouldnt start panicking just yet, have a read of everything in the libraries, if they are going to go all the way to court (which I doubt they will) they will need to send you their defence. What seems to be happening with most of the banksisthey acknowledge your claim, entera defence and then cough up on the same day or a couple of days later.

 

Everything you have asked for though is in the library.

 

Natalie

  • Confused 2

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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thanks natalie - that's most helpful, I'll be checking out the library more thoroughly:D

 

nice to hear that the banks don't really want to do the court thing... not that it bothers me, I'm an argumentative s*d at the best of times;)

well, I'll go the moneyclaim route and wait for the inevitable to happen.

 

Thanks once again to all you guys who do this stuff, it's nice to see people helping each other. Sort of reaffirms yer faith in humanity, don't it?

 

Donation will be made once I've set up a paypal account (and got my overdraft paid off! LOL)

 

Russ

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  • 3 weeks later...

hi all

 

I have done the moneyclaim thing, received 2 copies of a notification that FD have acknowledged and intend to defend the claim... did I have to reply to that? I haven't done so...

 

got a letter yesterday from DG Solicitors offering me half of what I asked for, along with the confidentiality clause... what's the protocol?

 

I'm not settling for anything less, and have no intention of staying quiet about it, but I'm not sure how to proceed...

 

Rules Of Engagement suggest replying saying just that, but some of the threads seem to think that not replying and leaving them stewing is best

 

thoughts anyone?

 

Russ

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Hi Russ

No you dont have to reply to the court.................

I received the same letter yesterday offering me exactly half my claim i have just sent a letter to DG refusing the offer......now we sit back and wait for there reply:o

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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  • 2 weeks later...

Quick update:

 

Well, I got the letter offering me the full amount, only FD had slapped another £105 in charges on me since the first letter, so I wrote back asking for tat as well...

 

Then I got the Devil in me and told them that confidentiality was only an option for an extra £3 000 :D

 

Needless to say, they came back with the same standard mail merge letter offering me my full charges (not the 3 grand on top though) but still with that confidentiality clause in it...

 

I replied stating that confidentiality is not an option - I intend to get recognition of that, instead of just deleting the clause on confidentiality. I have a problem with that as it seems a bit unassertive to simply change the terms of an agreement without consulting with the other party.

 

It'll be interesting to see how they react.

 

And for safety's sake new bank account has been opened...

 

Russ

 

FirstDirect:

£1762.17 claimed (inc interest and court fee) via moneyclaim on 12 June 06

Acknowledged 19 June - intend to defend

Half of claim offered by DG 21 June 06 - declined

Full settlement offered 30 June 06 - accepted on condition of no confidentiality clause - outcome pending

 

now for CapitalOne:)

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money in my account first thing saturday 8 july!

 

I did not return their letter with the confidentiality clause in it, but wrote my own acceptance stating clearly that by by transferring the funds they have accepted my 'no confidentiality' condition so if anyone wants to ask me about it, fire away!

 

claim concluded:D - just have to contact moneyclaim to withdraw the action

 

and am in the process of sorting out my paypal account and a donation to this site will be made....

 

prelim request to Capital One for £80 in late payment fees now underway:)

 

Russ

 

FirstDirect:

£1762.17 settled in full

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Congratulations!!

 

That is fantastic news.

 

Please complete our bank charges survey.

 

And a donation would be greatly appreciated :-)

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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