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Showing content with the highest reputation on 16/11/06 in all areas

  1. 2 points
    The Mods gave him negative rep for a reason; if you feel he has helped people enough to deserve to receive POSITIVE reputation, then I would approach a Mod and question why you can't award it to him. They don't give out red dots lightly, here... he must have given out some REALLY BAD advice to get one. Likely they'll remove it when he's proven to be responsible enough to be safe to listen to...
  2. 2 points
    Hi and welcome Some of this info you will already know, so I apologise if you have already seen some of this. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. You must always remember that this MAY lead to court, so far it hasn’t, but it may do. We will all be there if you end up being the ‘chosen one’ so don’t worry, it’s a long way off. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. I have put some useful links onto the thread that you can refer to when needed. Oh, and if they are useful please click on my scales at the bottom. This just shows that I have been a good boy!! Good luck. See you at the other end…… FAQ’s http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Court Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Bank Contact Details http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html
  3. 1 point
    Totally normal get lost letter Cindy- dont worry . Read the FAQs and the step by step and press on -your schedule not theirs.
  4. 1 point
    I have put some useful links onto the thread that you can refer to when needed. Oh, and if they are useful please click on my scales at the bottom. This just shows that I have been a good boy!! Good luck. See you at the other end…… FAQ’s http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Court Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Bank Contact Details http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html
  5. 1 point
    Hi Westy!! Nice to hear from you again, knowing I'm not the only one with them......!!! Anyway,let's just carry on as we discussed the other day and you never know Christmas could still come early!! It's just so frustrating when they try to fob you off like that!!!Keep in touch and let me know how you get on!! All the best Trish
  6. 1 point
    We've gone through the usual faff to get to the point where most other financial institutions realise they're losing a lot of money and settle..... not CITI. Anyway, we were given a date for an 'allocation hearing' (yesterday) which allows the judge to meet the parties involved and decide whether or not to pop your case into the fast-track, which requires full disclosure, etc. Naturally, we want to keep our claim in the small tracks court, as, after we received CITI's offer of the difference between their original charges and £12, my husbands is a couple of hundred quid and mine is about £800 and we don't fancy incurring large legal costs. Crazy. This is what happened:- The allocation hearing was 2pm and firstly, the judge was a district judge - name of AYERS. WHAT A NICE MAN. Complete gentleman. He was so reassuring and relaxed and seemed chuffed when I asked if we were going to have him for the actual hearing - he said 98% probability. Said these cases were the talk of the circuit, ie "I've got 54 to do today, how many have you got?" He told me that out of all the cases he was due to do that day - they all settled - he said the financial institutions just do not want to go to court. Full stop. Only CITI were left standing and I sensed he was completely at a loss as to why they were - ie they were completely daft. Their legal rep didn't turn up and he told us they had written to him informing him they were going to full contest it. He said they have quoted a case in which they won. I said "Yes, that's Kissick - I know the guy involved quite well". He looked down at the paper and looked up over his glasses, smiled and said, "Yes, that's right!" He sounded impressed! He then said "And .... so what? These cases do not set a precedent. We only listen to Court of Appeal cases". I could have hugged him. He checked with us whether we were broke (we said not, even tho' that's not quite true - I think he would have brought the case forward otherwise) and were there any dates we couldn't do for the hearing, such as skiing hols ?!!!!!!!!!! He has allocated us 3 hours hearing as he said if CITI bring all their fancy solicitors, press, etc - he didn't want to have to interrupt the hearing. He said we were the first in Bedford to get this far with CITI. Gulp. So, there's the low-down, folks. For those folks who are facing any kind of court scenario - don't forget that these are not the criminal courts, ie magistrates - these are the courts where family matters are dealt with, etc and are v. reassuring places. No frightening security or oiks hanging around in the corridors. We had two v. nice old boys who were the ushers - even joked they make cups of tea for people sometimes!
  7. 1 point
    There is no redress on the late send of the SAR other than making a complaint to the IFO - issuing a claim would be pointless as you have the docs. DCA require SOA urgent, 7k F&F offered - this means that the Debt collector requires your statement of affairs (ie income and expenditure) as they are prepared to settle for a full and final of £7k. Passed to salvage & File closed - would in my eyes mean that it was written off and closed to the bank - but in bank speak that could be something completly different.
  8. 1 point
    Verified by two different ways that he is Brian Smith despite protestations from him to the contrary.
  9. 1 point
    Spooky3, If you're new, it's probably best to start your own thread as people can address your problem without cofusing it with others. When you set it up, give an overview of what's happened so far and the current situation. Cheers Tide
  10. 1 point
    You have proof they received it so it's not your fault they claim to have not had your letter. You could certainly email it to them but stick by your OWN deadline - the letter you email will have the original date on etc. When the 14 days is up go to the next stage. Act by YOUR deadlines, not theirs! I say this from reading many threads where banks try and drag claims out. Hope this is of help to you, Prince. Best of luck.
  11. 1 point
    HI Jacey put welcome in the search bar at the top of this section we are getting more and more welcome customers arriving here. I will pop back when I'm log in next. Dont worry Welcome will be having to drop down a notch or 2 on their bad habits. people are learning their rights. For NOW you can use the telegraph act as linked at the bottom of this post. Then get an SAR sent off asap. Stop any DD and wrote saying you will be paying accurately by cheque through the post. they have no need to write to you then. Any unlawfull charges you will get deducted when you start action. Pay while you are sorting this out try to keep the arrangement it secures you are willing to co operate. BL:)
  12. 1 point
    Hi and welcome Flaminscott Some of this info you will already know, so I apologise if you have already seen some of this. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. You must always remember that this MAY lead to court, so far it hasn’t, but it may do. We will all be there if you end up being the ‘chosen one’ so don’t worry, it’s a long way off. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. I have put some useful links onto the thread that you can refer to when needed. Oh, and if they are useful please click on my scales at the bottom. This just shows that I have been a good boy!! Good luck. See you at the other end…… FAQ’s http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Court Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Bank Contact Details http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html
  13. 1 point
    The yare pretty quick with defence - mine was 17 days after issue.
  14. 1 point
    Hallo Happy33, Firstly I'm sure there's loads here to help you although have you a thread running on this? Maybe you might think about starting a seperate one so we can follow it through it's paces. Post the link on here and we'll tap in. Secondly, was this a Cabot letter/debt by any chance? The 6 year rule relates to the Statute of Limitation and unless you have had communication about it within that 6 yrs it would be statute barred. What I would suggest is writing stating that you do not acknowledge any debt to them and send the CCA letter: Dear Sirs, I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours Faithfully Happy33 & don't forget to include the £1 Postal Order as I say, start a thread and we'll follow you through it.
  15. 1 point
  16. 1 point
    this may help http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html i think you have to take your proof of benefit forms with you to the court hope thats some help thanks alf
  17. 1 point
    Keep an eye on the dates and click judgment when the time comes if your lucky Lloyd's wait till last minute with everything. unless you get something unusual in the defense it should roll on as other claims and hopefully with an offer at about 6 weeks after money claim. BL:)
  18. 1 point
    if you have sent your AQ back to the courts you should have sent a copy off to SCM at the same time. It gets it done and dusted. If you havent done this do it now and enclude a copy of nay paper work handed in with it. Dont start sending letters after that let the dust settle and sit back i can promise you lloyds will stretch this one and every other one out as long as they can. Move on to something else and wait for them to contact you. Its all liek a game of chess its long and well planned moves. High chance you will receive a 50% offer or an offer for charges and interest only. IMO i took the interest , charges and pushed for the costs under the grounds Lloyd's had a chance to stop the legal action there for they knew the costs where tobe added and were also advised you would be recovering them. BL:)
  19. 1 point
    Hi Alan, welcome to the family. I suggest that you start your own thread in the Lloyds TSB forum and post any questions and progress reports there. You will be able to draw on the experience of other users who are also taking on Lloyds. Click on this link for the LLOYDS TSB FORUM..... Good luck with your claim.
  20. 1 point
  21. 1 point
    How long did you take this loan out over?
  22. 1 point
    All the more reason to submit an SAR, you know it makes sense:)
  23. 1 point
    Hi, Boo While it's unlikely that they will actually demand repayment of your overdraft or close your account without the normal 30 days' notice, it's can't be said to be beyond the bounds of possibility. Have a look at my threads - natwesttookmymoney - v - NatWest and New tactic by Nat West? Help, please!, both of which can be accessed via my name to the left of this message. As well as describing what they've done, I've posted a couple of letters I've sent them. I'll let you know how I get on. Emphasise - open a parachute account. At least then, if you do get a 30-day notice thing, you'll already have something in place. If you can actually put money in it, all the better! Best wishes
  24. 1 point
    Hi olley Nice to see you here. It looks like you have lost out on some interest that needed to put in the court claim. Perhaps someone on here may be able to say if you can make an amendment to your claim but im not sure. Hi all Olley came from MSE so had started his claim without us. So any help on the retraction would be appreciated. Next will be the AQ Olley. Keep reading. Lizzy
  25. 1 point
    Sue, stop panicking, time to get control. 1) Write a letter to both Freeman's and the DCA, signed by your husband, to give you permission to discuss his account. 2) Send the following letter to the DCA: Dear Sir/Madam, Consumer Credit Act 1974 s78 (1) Demand I require you to supply me with a true copy of the credit agreement under which this account is conducted. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running – account credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee. You are notified that you are obliged to supply these documents, under S189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. Furthermore you are reminded that under s78 sub section (6) whilst the default continues, you are not entitled to enforce the alleged agreement in law. Furthermore, I now require all further correspondence from your company to be made in writing only. Yours truly 3) Don't pay them a penny for now. They are trying to scare you into paying, and it looks as if it's working. Don't. If the debt has only just been passed to them, there is no way they can start legal action against you tomorrow, they'd be in breach of the CPR "reasonable" time (28 days) if they did, and a judge would kick their a*se if they tried it. They're bluffing and intimidating. Don't fall for it. While I think of it, is there a possibility (I'm going to guess "yes" ) that some of the amount allegedly owed stems from late/missed payment charges? If yes, we'll have to get rolling on that too.
  26. 1 point
    Sue im new to this site also so dont know much but if you do send a cheque make sure you send it recorded delivery...photocopy everything...always correspond by letter then they cant deny telling you anything Louise
  27. 1 point
    Mark, Is this an ERC or late payment charges claim? I'm sure you had a thread with this one. Anyway, it matters not what it is. Did the solicitor phone you? If so why? Sounds a bit intimidating. If they intend to submit a defence why don't they just get on with it? The mortgage companies are more likely, at the moment, to defend, and right at the last minute (they want to keep your money as long as possible). However, this is not bad news. All of the defences that have been posted here so far have been the subject of much amusement (its all T & Cs and 'you didn't breach your contract, you exercised a right'). Saraounia is right, its early days with ERCs and mortgage companies generally. But see her thread for a great response to a defence and this should cheer you up: http://www.consumeractiongroup.co.uk/forum/mortgage-companies/32610-saraounia-simpleloans-gmac-rfc.html My guess is that the mortgage companies are terrified to test the legitimacy of their massive charges in a court of law, just like the banks. They really can't take the chance of taking the lid off Pandora's box of massive payouts. Even if it gets as far as a court case, they can't win. Zoot has already provided this forum with practically every reply to their arguments, based on previous legal cases. Solicitors do seem clinical, but their incompetence can often make them look less so and you shouldn't let them intimidate you. The solicitor who did our conveyancing was totally incompetent but talked a good job with legal speak! I'm expecting a defence from Accord soon (I wouldn't mind betting 28 days after claim deemed to have been served, so 25th November) and I say bring it on! As I've said more than once on this forum, 'don't fall off the surfboard'! Best of luck and why not get that 12k claim under way!
  28. 1 point
    yes and yes... BUT they would be on rocky ground as you could say that they were instigating retaliatory action against you, which they are not really allowed to do.. They could close your account, but not many have so far
  29. 1 point
    Hi Alison You can claim them back. Be careful with the wording on your AQ paperwork from the court if it gets that far. You have to show that you did infact breach the contract with them. They may try and wiggle out saying it's a service charge otherwise. Seen a few threads here where some are beginning to underestimate the enemy. If you need assistance keep on the mortgages thread and help is nearby. Read up on ZootScoot's thread about mortgage Erc's. Very good reading.Also read this thread to fully understand the rules of engagement. Great work carried out here. http://www.consumeractiongroup.co.uk/forum/mortgage-companies/32610-saraounia-simpleloans-gmac-rfc.html Good luck Uk...
  30. 1 point
    Hang tight and stay strong. The banks have more people going to them for refunds, so to handle the volume etc they may elect to settle early, and credit card charges etc have all been publicly critisised. ERCs refunds are rather newer on the scene. I think you will find they will either settle at the last minute or not file a defence. And even if they do file a defence, there is plenty on the website to rebutt any points they could possibly come up with. And the website operates a court buddy system. Keep reading... Regards
  31. 1 point
    Howdy scouser Personally mate, i would open another account, to have a cushion should you need it. As far as i can tell , i think the best thing to do is follow the advice of the CAG to the letter....ie...open another account, and be prepared to go to court. I have my wages now going into another account, i recieved a letter from the bank saying about contract, steady income etc, but because the account is in dispute, it is kinda frozen from charges! I cannot see the point of letting them keep charging you fees, it is only going to create more hassle for yourself when you have to keep amending your letters to reclaim it back. Just my opinion mate. Good luck out there buddy Edit:spelling and grammar!!!!
  32. 1 point
    Hi, I am reading thru all your help and replies to each other with regard to Natwest. I will be starting a claim to them in near future. Hope your claim is sorted and quickly. Will watch and keep everything crossed for you! What a great site.
  33. 1 point
  34. 1 point
  35. 1 point
    ffrankie yes you can, retrospectively 6 years.
  36. 1 point
    do you know if you can claim from nat west or other creditors even if you have no present account with them? thanks for any help you can give.
  37. 1 point
    Interesting to note, I've recieved no offer since returning my AQ! Funny how they play it differently with everyone. Would like to recieve a partial offer so that I'm that bit nearer the end. Not long now deller:)
  38. 1 point
    Yes, everythings in the court bundle, except McNamara. Send a copy of your bundle to the court, a copy to SC&M, and obviously keep a copy for yourself. If it gets to 14 days before the hearing and you have'nt heard anything from SC&M, ring them and ask why they have'nt served you their documents. If they have'nt already, they will probably settle there and then.
  39. 1 point
    It would not be frowned upon whatsoever. You are quite within your rights to use an English address. You Need an English Postal address but this does not mean you have to live in England, it's a simple question of Jurisdiction. An English court can hold jurisdiction over your case if your bank fits any of the jurisdiction criteria. This would include "HOLDS PERMANENT RESIDENCE OR CONDUCTS BUSINESS IN" etc blah de blah. There are several reasons why this issue could matter. In general, most people will want to raise proceedings at their local court. It is much easier to attend hearings at your local court. However, if your claim for bank charges is in excess of £750 (the small claims limit in Scotland) or £2,000 (the small claims limit in Northern Ireland), then the ability to sue in England & Wales may be attractive as the small claims limit in England & Wales is £5,000. Using the small claims procedure is important because it is the only court procedure that caps legal expenses in the event of loss. In other words, the small claims procedure enables you to raise litigation without the fear of massive legal expenses in the event of failure.The rules on where you can raise proceedings - known as 'jurisdiction' - are set out in the Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Juridiction and Judgments Order 2001. Schedule 4 of the 1982 Act (as amended) regulates the court's jurisdiction over consumer contracts. This includes a consumer's bank or building society account.Importantly, para 8 of schedule 4 provides that a customer is entitled to sue their bank where they live (where they are 'domiciled') or where the bank is domiciled - the relevant parts of Schedule 4 are reproduced below. In contrast, a bank can only sue you (as a consumer) where you live.So, for example, if you bank with the Royal Bank of Scotland but live in London, you can raise a small claims action either in London or Edinburgh. Alternatively, if you live in Glasgow, but bank with the NatWest, you can raise a small claims action either in Glasgow or London. Likewise if you live in Aberdeen and bank with the Halifax plc, you can raise a small claims action either in Aberdeen or Halifax (cf. the Bank of Scotland's 'domicile' is Edinburgh; however, many other bank & credit card companies will have their registered office in England). A company 's domicile is usually established from where it has its 'seat', that is usually its 'registered office' or the place where its central management and control is exercised: section 42, 1982 Act. Thus some consumers may have a choice where to sue.Where proceedings arise from the operation of a particular branch, agency or establishment, proceedings can be raised where that 'branch, agency or establishment' is situated - from section 44 of the 1982 Act.It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons. Can my bank's terms & conditions determine where proceedings are raised? Paragraph 9 of Schedule 4 (see below) allows parties (the bank & you, the customer) to agree that one part of the UK has 'exclusive jurisdiction'. That is known as 'prorogation' of jurisdiction. In other words, that proceedings must be raised either in England, Scotland or Northern Ireland. In general, paragraph 9 can only apply if both you and your bank were domiciled in the same part of the UK when the account was opened (i.e. either both in England/Wales, or both in Scotland, or both in NI) and the contract contains a clause conferring exclusive jurisdiction to one part of the UK. You should therefore check your bank's terms and conditions. A clause which states: "If your address is in Scotland, Scottish law applies to the contract between you and us. If you live elsewhere, English Law applies between you and us" (Abbey National plc T&Cs) or "This agreement is governed by the law in Scotland" (Bank of Scotland/HBOS T&Cs) is unlikely to confer exclusive jurisdiction. Firstly, such clauses do not deal with exclusive jurisdiction - they simply deal with the application of common law rules. The courts have held that such clauses do not go far enough to confer exclusive jurisdiction. For example, in the case of McGowan v. Summit at Lloyds 2002 SC 638, 2002 SLT 1258, an insurance policy contained a clause which said: 'this Document shall be governed by the laws of England, whose courts shall have jurisdiction in any dispute arising hereunder'. An action was raised in Scotland and Lloyds defence was the case was incompetent as the Scottish courts had no jurisdiction in light of the clause. However, the Inner House of the Court of Session (Scotland's highest court) held (applying the English case of S&W Berisford plc v. New Hampshire Insurance Co Ltd [1990] 2 QB 631) that the clause did not create exclusive jurisdiction in England, and only created concurrent jurisdiction i.e. proceedings could be raised in either Scotland or England in terms of the clause and the 1982 Act. In the English High Court case of S&W Berisford plc (cited above) a clause in an insurance policy stated that 'This insurance is subject to English jurisdiction'. Justice Hobhouse (as he then was) held that those words 'were inept' to create an exclusive jurisdiction clause. I have checked my bank's terms & conditions are there appears to be an exclusive jurisdiction clause for Scotland/NI? If this appears to be the case (and your bank is domiciled in England) you may wish to consider arguing that this clause is an unfair term of contract in terms of UTCC Regulations 1999. Paragraph 1(q) of Schedule 2 to the 1999 Regulations provides as follows: SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR 1(q) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. > CIVIL JURISDICTION AND JUDGMENTS ACT 1982 AS AMENDED SCHEDULE 4 AS AMENDED BY CIVIL JURISDICTION AND JUDGMENTS ORDER 2001 Jurisdiction over consumer contracts 7. - (1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if - (a) it is a contract for the sale of goods on instalment credit terms; or (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or © in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities. (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance. 8. - (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled. (2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled. (3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending. 9. The provisions of rules 7 and 8 may be departed from only by an agreement - (a) which is entered into after the dispute has arisen; or (b) which allows the consumer to bring proceedings in courts other than those indicated in those rules; or © which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.
  40. 1 point
  41. 1 point
    (b) Interest per S.69 County Courts Act of 8% - £xx.xx This is the total 8% interest figure from your spreadsheet continuing at 8% until judgment or settlement at a daily rate of £xx.xx; This is just your charges x 0.00022 eg £495 x 0.00022 = £0.11p
  42. 1 point
    Not at all. You told them you would go to court if they didn't respond favourably to your LBA, and in your opinion an offer of £600 is not responding favourably, so off to court you go! By all means respond to them saying you reject their offer and you are left with no alternative but to proceed to court. Don't give them any extra time as this is all part of their delaying tactics that they will employ throughout the claim and is exactly what they are after.
  43. 1 point
    Stuart first of all you'll need to start your own thread so that people can keep track of your case. If your account was joint for the whole period you were with the bank,you are entitled to the data.However,be aware that your ex may well be entitled to a share of the spoils if you claim them back!! If they don't give you the data and you are entitled to it,put in an estimated claim to flush them out,and you can only add the 8% interest at the court claim stage.And report them to the Information Commissioner's Office.
  44. 1 point
    Ike,in reply to your post: 1.In my view you have been clearly misslod the PPI due to the fact that you were forced to take it. 2.What you should do is cancel the PPI from now onwards until the end of the loan by phoning the company.The confirmation should be sent to you in writing together with the new amended monthly instalment. 3.Do a SAR under the Data Protection Act 1998 and send the statutory £10 fee plus proof of id and address by recorded delivery - please read my seperate thread - "good news,folks!PPI refund success" which tells you everything you should do. 4.When you receive a reply to your SAR,post it here so I can help you further. I hope you find this information useful. If you have more questions,just ask. Keep us posted. All the best! PS - Nikkiandmidgets - thanks for the good publicity!So we can help these folks more.
  45. 1 point
    It would be helpful to have more info, and I don't think the payment insurance can be compulsory as you have a right to take such insurance from anyone offering it (or not!) rather than going with the loan coimpany's suggestion. As retail staff make a lot of commission on sales that include this, you may find you've been mis-sold the protection.
  46. 1 point
    Hiya PPI should not be cumpulsory - have a look through the threads for mis-sold PPI - there are steps to claim it all back! Helps if you have all your paperwork too about loan and PPI cos you can post the figures etc and get great advice on here.
  47. 1 point
    ok so you sent a letter requesting a total list of charges relating to your account under the data protection act with a £10.00 fee right? Have they cashed the cheque? If you can I would call their excuse for a worker back and inform him that you have posted a cheque under the Data Protection act and under that said act with a fee of £10.,00 you are entitled to all info that they hold on you regarding your banking history with them and to kindly process your request or direct you to someone who can explain further why they cannot comply. inform him that failure to comply will result in you contacting the Information Commisioner and also gaining a court order to get the info you require, which will mean the bank incur further costs. ....or you could put all that in writing! (both would be a good idea in fact!) Hows that? Don't worry! You haven't hit a brick wall, you have met an ignorant bank worker who thinks he is a cut above when in fact you know more about his job than he does!!! Sharon
  48. 1 point
    Hello Newbies. Can i ask that you all make a thread in the main site, theres a list of bank link at the base of this post. once established a thread you are welcome to give much support to other members. At this time your thread is in the welcome section where we try to keep threads short so as not to over look newbies threads. many thanks BL:)
  49. 1 point
    Have you gone through the whole procedure, sending the SAR to get your statements, sending them a prelim letter with schedule of charges and then LBA letter or have you just emailed them? I am kinda confused as to what stage your at!!
  50. 1 point
    Most of the sales calls i say " sorry i dont own my home" usually they make an excuse so not, to make you think they don't want you and they clear the line. Sometimes i listen to it all and let them go on and on and then say i dont own my own home is that ok:D , but i dont do it often as i used to do phone work and its miserable:( BL
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