CPR means the Civil Procedure Rules - the regulations which cover court cases. Click the link to read and search them online. There is no such section as 15.6 (2). 15.6 states that a copy of the defence must be served on all parties and is clearly not relevant to this case. What they are saying is that if you show Next that you were not at the address they will tell the court they accept that judgement should be set aside - but they don't want costs awarded against them. This is fair and will negate the need for a hearing to decide the issue. As for reserve (there should be a hyphen after "re") - they are saying that although

nicely answered Closey

You have paid £10 for an SAR this shows you the charges on your account for the past 6 years, your statements would only show you the same thing. We used to use the SAR for the argument of Manual Intervention but this doesn't seem to be prevailent anymore. However it is up to you, they have 40 days from your request to comply with an SAR. Some people are requesting statements and getting them quickly others are waiting nearly as long as those requesting SAR's so it is your call.

Hi Dean Have found this in FAQ's. Q. I have a business account. Can I, or my company, still get penalty charges back? A. Yes, but on a slightly different basis. To do so, you need to rely on the Common law of contract and the Unfair (Contracts) Terms Act 1977 rather than the 1999 Unfair Terms in Consumer Contracts Regulations, because these deal with business to consumer rather than business to business relationships. If you are trying to recover business charges DO NOT cite the 1999 regulations in your court claim. An amended version of the standard initial letter for businesses is included in the library. The rest of the

Just to clarify - your defence is not a counter claim. If you want to do a counterclaim you do a counter claim AND a defence. You must do both as without a defence you could end up with another judgement by default.

wiil be fine buddy!! good luck though and hope you can buy the baber something nice as well as the mum

Thing is though, you only have to read the threads to see that letters from the banks are overlapping with letters from the individuals. In all likelyhood the original bog off letter was in reply to the prelim letter, just that it has taken longer than the 14 days for it to arrive. Now the LBA has been sent they will probably reply to that as well. Again, if it takes longer than the 14 days well thats their problem as it will have moved onto the MCOL stage by then. Slapping in the MCOL before the deadline you have given the banks could loook to a judge, not only that you have not kept to the deadlines you have set, but also slightly gr

Yes, claim for all of it! The OFT's report didn't actually state that the £12 should be used as a cut off point, merely saying that anything over this figure couldn't be considered as anything other than a penalty, not a charge.

Why are you initiating your claim for any amount over £10?

No it's 14 days from the date you sent your letter, they'll drag their heels anyway so no point giving them more time to do so. As for your letter being sent to Glasgow, all complaints are forwarded to the Customer Service Centre so thats why the reply came from there. Good Luck

Thank you for your kind words Elsinore. I have read your informative and supportive posts with interest and to receive this compliment from you is very much appreciated. Excellent point, which reminds me that a credit report as well as showing defaults also shows other adverse points such as late payments and being over limit. Though I have no defaults, unlawful bank penalty charges have caused me to be late paying some credit card accounts (the timing is clear from statements). Several late credit card payments will make you an 'adverse' status credit risk, which significantly raises the cost of later credit. This may not

Hi Eratu. Welcome to the forums. Split your claim in any way you want. Whatever way is easiest for you.

You don't add the 8% interest until you file a county court claim.

Hi Mags Yes you can claim card missuse. Good luck!

CALM DOWN!!!!! They have received your S.A.R - (Subject Access Request) so start from now (yesterday). Could you have got the statements online?, it's a lot quicker. Like you said the ball is rolling, I know it's stressful but it'll all be worth it in the end so keep your chin up.

This is about the most pathetic, dismissive, arrogant, feeble and plain wrong stalling letter from any lawyer, that I've seen in a long time. Their reply is only to half of the argument.... they have failed to answer anything about you withdrawing permission for them to continue disclosing your data. As to their first point, that agreement of them disclosing your account details was only in operation during the term of the contract. Ask them "Did they actually understand your request????" What they need to show you, to give a proper reason to try and claim an exemption to your Notice, is the actual Statutory Law that allows th

Hi Joe Its time to start your own thread in the halifax forum as this the welcome forum for your first post and you will get a faster responce to any questions:) Please stick to one thread so it helps us to know where you are and what you have done so far and you can always find your posts in the USERCP on the bar at the top of the page;) Good luck and you will find most of your answers in the FAQ's and step by step Welly:)

I can't help with the default bit I'm afraid, but I remember reading advice from a MOD about responding to partial offers after MCOL has been started. It's in Dessie V Abbey thread, from about post 40 onwards. (Hope the link works)

No what happened and i am getting p1ssed off with it, was that in october i had a letter come through the door from aktiv kapital saying i owed 3 debts, river island, dorethy perkins and burtons totalling around 4k. I immediately rang them up and said what!!!. They said you are Mr P S Smith aint you? ( Names Changed for reasons) I said now i am MR P W Smith. Oh have you ever lived at such and such a street in Birmingham? i said no never ever i live nearly 300 miles away from there. Is your date of birth 20/10/1957? No it is 20/10/1977. Oh it must be a mistrace then we will remove the linked addresses from your file. Anyway got a record o

I have just returned from court where I finally managed to kill off Nationwide's case against me. In March last year I wrote to them refusing to pay off my overdraft of £1500 because of their excessive charges. Eventually they sued me for it and I used the unfair penalties argument as my defence. When we got to the first hearing Nationwide's lawyer announced that they were walking away from it, with no expenses due by or to either party. Much to everyones surprise, I refused to settle the matter on that basis because it had come to my attention that they had Defaulted me, in clear breach of The Banking Code. At this stage Nationwide

I do wish you well. Best of luck with your claim and remember to keep us all posted on your progess. x

Just a standard fob off letter, stick to your timetable, remember if it goes as far as filing a court claim you can also get the 8%!!!!

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica

You need to send a preliminary request for reimbursement letter copy in the library.(copy below) How much do they owe you~? ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- your address] [their address] [date] Request for repayment of charges Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx My request I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years. I now