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Popular Content

Showing content with the highest reputation on 28/09/06 in all areas

  1. 1 point
    I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!. In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake. Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire. The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" . After getting so far down the road it was devastating to say the least. Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved. If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now. The moral- Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim Read everything you can on the forum - Its there for a purpouse. J
  2. 1 point
    Once you have lodged a court claim, the bank has to lodge a defence; doesn't mean they won't settle before it goes any further. Thenorm, if you keep all your queries on this one thread from now on, it will make things easier for us to follow your progress!
  3. 0 points
    Ok today is the last day for NW to file a defence having acknowledged my claim for approaching 5k Since the MCOL appears to refuse to let us enter judgment online for days after the time limit has expired I'm sending the request for judgment to them by post today so it is in their mail bag tomorrow morning and will hopefully be actioned as soon as it is possible to do so. Maybe the court will also have the defence in its mailbag today or tomorow - We'll see Who knows what I might find in my post at home when I get in from work !!
  4. 0 points
    Well you should consider yourself one of the elite. Most people only get one offer..... Some none at all. Follow the well-tried and tested procedures in this forum and you WILL get ALL of your bank charges back. Good luck with your claim.
  5. 0 points
    Wrong site to be asking for a bank account - LOL!! TBH although I'm fighting the HSBC they were very good to me initially when I had similar problems, had a cheque book and debit card with them - LLoyds closed all of my accounts when it happened. I'd banked with them for years had two current accounts, 2 deposit accounts and kids had accounts there also. They said it was head office policy!! Good luck
  6. 0 points
    The waiting is the worst bit. Can tell you what's gone on with our claim and it looks typical in reading lots of other threads. 5 days after you claim, it is deemed delivered. Ours dated 24 Aug, deemed delivered 29th, by the 30th they had acknowledged. They have 28 days from the date delivered. This is what happened next in our case: 12 Sep, DG requested breakdown of charges - (Deborah D'Aubney) 13 Sep, breakdown sent 15 Sep, received 85% offer (now including 8% and court costs) - (Julie Kyle) 18 Sep, rejected offer - asking for 100% - Really nervous now as 26 Sep.is press the next button day on mcol 21 Sep, received 100% offer - (Julie Kyle) 22 Sep, accepted offer by letter saying we would cease the claim with mcol when the cheque arrives. Then, this week: 26 Sep letter from the court moving the action to my local court and with an allocation questionaire to file by 14 Oct. Now on mcol it says defending and you can't push any more buttons. Called J.Kyle at DG and left a message. She called back today (28 Sept) saying we should have the cheque within 7 days and the defence being sent was just because they had to move it along on that date. I think it is geniune. I did point out that if the cheque hadn't arrived by 7 days before the questionaire was due in we would be forced to file it and she assured me the cheque would be here within 7 days. Good luck cogsy, as i said, the waiting is the hard part. so 2 weeks til the breakdown letter - then 85% offer (more or less) - then full offer. Don't stop the court action until the money has cleared!
  7. 0 points
    Duplicate post - apologies
  8. 0 points
    Yes i agree..We need more information, renting privately or with shared ownership will probably be the only way.If it carries on like this, she will be broke and maybe lose the house and any equity left in it. Prevention rather than cure as i see it Uk...
  9. 0 points
    As long as she isn't found intentionally homeless. Priority doesn't mean accommodation they will usually offer B&B or similar temporary accommodation for 6 months. Of cours if she sells and gets a private rental then HB should cover it - deposit etc could be covered from house proceeds.
  10. 0 points
    Also remind them that section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute
  11. 0 points
  12. 0 points
    Yes, thats it. Or in other words, the daily rate x the amount of days that have passed since the claim was issued. When you submit your application for judgement, the high likelyhood (well, almost certainty) is that SC&M will apply to have it set aside. Unfortunately the court is likely to allow this, and they will then enter a defence.
  13. 0 points
    Well....Thank you I suppose, thank you for helping to keep this site going so that people like you will find it, and people like you can avail of the services it offers, people like you can simply copy and paste letters to your banks from the templates library so that people like you can be handed a great big fat cheque from your bank. Funnily enough it says donation, I never had someone from Breast Cancer research or RSPCA call me to thank me for my donation into a bucket in the town centre.But I thank goodness for their services as otherwise my mum wouldnt be alive nor would a poor dog that was abused by a neighbour of mine. I also thank goodness for this site and to Dave and Bankfodder for setting it up, otherwise I wouldnt be able to afford my step-daughters birthday pressie this week - I didnt expect to receive any kind of thank you when I donated, I benefited from a service, what else did I want? you see there is alot of thanks going around, and alot of thank goodness for this and that, but does it mean that we need to thank each other personally to show we are thankful or does a simple donation suffice? Will leave you to decide. Sorry rant over!!!
  14. 0 points
    I used the NW Pipers Way Swindon address. The small claims limit in Northern Ireland is £2,000. You can add 8% on when you are submitting your money claim to the small claims court which may take it over the £2,000 but that's OK. By the way I successfully got over £2,000 back from NW. Good luck with your claim (not that you need luck cos it's pretty straightforward). Post any queries you have (or PM me) and I'll do my best to help.
  15. 0 points
    Hi Duncan, welcome to the family. Take no notice of any time periods that the bank quotes. This is your show. You're in charge. Stick to your own timetable. The banks will try to side-swipe and confuse you by introducing their own timetable. Resist all their attempts. Good luck with your claim.
  16. 0 points
    You can, but uner the Data Protection Act (the act under which you are making your Subject Access Request) they are entitled to charge you up to £10 for the information. If you don't enclose the £10 now, it gives them a way of delaying giving you the information; they may well just reply in a few weeks asking for the £10! You may find they don't actually cash the £10 anyway - and of course you add it to your claim!
  17. 0 points
    Already done it. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/30373-my-mp-bailiffs.html Elsinore
  18. 0 points
    Re the additions account. I'm claiming ALL that back too, plus 8% interest on it. The B*****S have been taking that off me for 6 years as well. They have already offered me £118 when I am claiming back £581.50, so I said I would accept it as part payment against the full amount and on the understanding that I would seek repayment in full in the Small Claims Court, and to go P**s up a rope !!! My view was, why should I pay a separate court fee for a case against the same bank?? So I lumped the whole shooting-match together in one claim. Best of luck with yours. People, if you have found my thread, and/or information useful, PLEASE click the scales at the top, ( I could do with some moral support) !!! LOL PS. Thanks for that AustinPowers, wasn't quite sure. If I manage to pull this one off, I shall be sueing everyone in sight !!!!! ROFLMAO
  19. 0 points
    hi my name is Paul not Jane? ....lol jannercobbler is a nickname my DLA lacky is Michael Shires and this letter will be in his Inbox when he gets into work on Monday morning, and also on his desk on Tuesday via Registered post. There is only about 4 weeks left till D-Day in court. This is not a fully finished letter as I have been making minor alterations all day. Please feel free to use anything you find useful and please don't forget the scales at the top Paul
  20. 0 points
    P.S. Don't worry about court proceedings. If they are stoopid enough to take it to court they will have to show why they refused a perfectly reasonable offer of payment, (they know this and they also know that in doing so they would be unlikely to get the result they want. This is likely the reason why it hasn't gone to court yet). There is another approach to this if you are still paying interest but we'll take it one step at a time.
  21. 0 points
    Keep going - just got a letter today from my bank giving us a refund of £500 worth of charges on my account and our joint account!
  22. 0 points
    Good luck, keep us posted!!
  23. 0 points
    Have a look here for 16 pages of info on the fast track system! Fast track and multi track
  24. 0 points
    Right, planning on sending this to Capital One tomorrow: Might be a vain hope that Mr Udy himself will read and reply personally, but it's worth a go. Large chunks of it are borrowed from the standard prelim letter, with some bits from myself, one or two choice phrases from Bean I believe it was, and some bits directly from the OFT report
  25. 0 points
    Riflez, The thing is, from what I can gather, they are usually pretty good with Data Protection Act compliance. My bro got his after 2 weeks! Thing was with mine, was that my account has been closed for about 4 years and my address has since changed - so they sent them to my old house. This was dispite the fact that my S.A.R - (Subject Access Request) clearly stated this. Then, as the account was closed and I did'nt have a clue what my old security number was, they could'nt/would'nt give me any information over the phone. It took the threat of a summons to sort the whole thing out in the end. You may want to give them a ring on the number above (markd's post) to see whats happened to yours. Heres my Data Protection Act non-compliance letters, if you think they are of use, feel free to use part/all however you see fit: Heres the 'gental nudge' (yes, in case you wondered my tongue was firmly lodged against my cheek when I wrote the second paragraph:D ) ------------------------ ------------------------ Heres the letter before action. As with both of these letters, only send if you are prepared to carry the court threat through! ------------------------ -------------------------- I hope these help and good luck with your claim - don't take no s**t!
  26. 0 points
    Bloody hell, they must reallynot like me, I havnt had nowt!!!!
  27. 0 points
    Well done Electra, you're on your way to getting your money back! Good luck and keep us posted!
  28. 0 points
    Hi srandom Yes there is a lot of info to take in. Take some time to read as much as you can-start with FAQ's and step by step instructions. Particularly read the threads in your own bank's forum so you know what to expect at each stage. When you're ready start a thread in your bank's forum an dkeep it updated with your progress. Post any questions if you get stuck. You will get plenty of support and guidance from this site, but there is a lot of work to do on your own. I find reading the threads with "settled in full" on them encourage me to stick with it. Good luck Nona
  29. 0 points
    This is what i had written to the Courts while i filed. Claimant had an account with the defendant over 6 years,which is run on their standard terms and conditions.The claimant is claiming £2860.50 taken by the defendant in the way of charges for last 6 years and removal of a default on the account.The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts)Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2 (1)(e).In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15 The bank was asked to justify their charges but they have declined to do so.The claimant claims interest under s.69 of the County Courts Act 1984 at 8% a year from the date of each charge to 18th June 2006 of £870.92 and also interest at same rate up to the date of judgement or earlier at £0.75 per day
  30. 0 points
    Print out a copy of the spreadsheet and include it with the letter. Good luck with your claim.
  31. 0 points
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