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Showing content with the highest reputation on 15/01/07 in Posts

  1. You'rs right Andrew, a default should only be placed by the creditor. But AK don't bother with pesky little details like complying with the law. What should happen is this:- Lender places default. Lender sells/transfers debt to DCA Lender ceases to be creditor and removes default. DCA becomes creditor DCA places default to relace original. The fact that the DCA has little or no proper documentation to support their position as creditor is of little or no consequence to them (until they get caught out, that is). I, and many others on here, have two deaults for the same debt! That's because the original lender couldn't be bothered to remove it. The irony is that, in many cases, neither default is legitimate, because the debt is made up of unlawful charges! Until recently they have just gone on in their own sweet way, flagrantly breaching codes, regulations and laws. As long as we all follow through and hit them hard,then the game is up for them. Elsinore
  2. Find out who put the default there if it was GE CAp then they are the ones who have to remove it ....if it was BCW then they are in more trouble they are using someone else DP licence and should not have put it there in the first place. sparkie1723
  3. One more thing with the letter, you have used the word "lead" you need to change it to "leads". You need to ask the DCA, expecially if they have provided the deed of assignment, although they are licensed under the DPA so I would be inclined to send it to both....maybe send it to GE Capital and "CC" it to the DCA? You could put in the letter that you haven't sent it to the DCA because they aren't registered with a DPA license and you therefore can't guarantee the security of your data that is processed by them? Hope that makes sense!
  4. Hi and welcome to the forum. Some of this info you will already know, so I apologise if you have already seen some of it. 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, and is the most important part. 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. Then start your own thread under the relevant bank and other users will help and guide you along the way. This site is all about EMPOWERMENT and you will gain the confidence that you will need. But remember, this isn’t a game. You are taking on large institutions which 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. But you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators and helpers really are a very helpful bunch. 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…… Some useful links.. FAQ’s http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ How to Start a Thread http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts.html Letter Templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Rejection of Settlement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html 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 Moneyclaim Online https://www.moneyclaim.gov.uk/csmco2/index.jsp AQ Guide to Completion http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Court Fees http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm Data Prot Act Non Compliance http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html ERC Letter for Mortgages http://www.consumeractiongroup.co.uk/forum/post-432747.html Witness Statements for Court Bundle http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-etc.html Banking Code website http://www.bankingcode.org.uk/faq.htm Limitations Act http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html
  5. I Have just received the following Emil from the TBE by coincidence my MP3’s secretary rang me with the same information just prior to me receiving it. Dear Mr Bardsley The only amendments that were approved in Grand Committee were the government amendments. All other amendments were either withdrawn or not moved. The next stage of the Bill, Report, is scheduled for 23 January. ********** Tribunals Courts and Enforcement Bill Manager Department for Constitutional Affairs The sections of the Bill relating to bailiff powers were not moved and therefore were not approved in grand committee and will not appear in the amended bill presented in the report stage which gives a detailed review of the Bill as amended. That is not to say that the amendments were withdrawn just that they were not pushed to a vote as just one vote against would have had that result. This way there will be another chance to present them before the third reading at the HL. The chap from the TCE was extremely helpful and advised me of contacts where i could talk to people who drafted individual aspects of the bill . I will be corresponding with them shortly. As mentioned the bill has reached the report stage it will then have a third reading at the lords before being presented to the Commons. It then has to go through similar procedures and readings after any of which it can be referred back to the Lords this is apparently called ping-ponging I questioned whether he thought there would be enough time in this sitting for the bill to be passed and he said that since the bill was produced in the lords there would be very little PPing between the houses and even though it had to go through all the stages in the LH it would be law before close of parliament this year. Regards Peter
  6. Hi Spiff500 I guess by now you may have had another reply from milktrayman but believe me there is a BIG difference between 24.9% simple interest and 24.9% compound. My charges go back to a similar time as the one you quoted and because 5 years have elapsed the original charge is multiplied considerably. A £25.00 charge on 22/06/01 with 24.9% compound interest adds £61.25 making a total of £86.25 (using the mindzai spreadsheet). I recommend you use this spreadsheet and be prepared to be gobsmacked!! Go for it..........I am!! Petewill19:)
  7. Hi maxibon I had the some problem when I defaulted on my loan. RBS closed our joint account. Can’t see how they can get away with doing this as the loan account was just in my name, anyway I set up a new account and rang credit management services and asked them if they would authorise the withdrawal of my wages and all of my child benefits as they had to allow us to be able to live while every thing was getting sorted out. They agreed to it and told my local branch to allow it. You could try ringing them and asking.
  8. If you had asked for a memory card for a particular application and it turned out to be unsuitable then that would be the store's fault for mis-selling you an item which was not suitable for the purpose that you specified. If you specified which memory you wanted and it was not suitable, then it would be your fault as the store has sold you what you asked for. I fully endorse Stonelaughter's comment. We do not, at any time, condone any action which is not completely lawful. If we were to condone fraudulent practices we would lose all credibility. Regards, Rooster.
  9. Right - let's get one thing straight. This site cannot be seen to condone ANY action such as that described. We encourage people here to take the moral high ground - not to find ways to cheat organisations out of their legitimately earned money. I think that the best thing to do in this situation is to bite the bullet, sell the damn thing on EBay for what you can get, and buy the right thing. Don't buy it in Argos because they're not the cheapest; I know where you can get 1Gb Micro-SD cards for phones for £13.99. Look around on the internet.
  10. Hi e28, Even though the employee has left the company that sold you the policy the company have of course Vicarious Liability for the Actions, Omissions and Misrepresentations of the salesman who was an employee carrying out duties on behalf of the company. Hope that Helps.. Ian
  11. An LBA is a "Letter Before Action". What you would need to do first is request all your information held on you by the means of a S.A.R - The template letter for the S.A.R is here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html You need to enclose a postal order or cheque for 10.00. Do NOT send cash. Once you receive your statements, you can claim back the charges applied to your account. - Late Payments - Overlimit Fees - Default Fees etc You can not claim back fees charged for purchase interest, cash advance interest, cash advance fees etc. Send the S.A.R to the following address: (Remember to send it recorded or registered mail for proof they got the letter.) The Data Controller Capital One Bank (Europe) plc 350 EUSTON ROAD LONDON NW1 3JJ They will have 40 days to provide all the information they hold on you.
  12. Guys, get your lips around this post! KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!! General Form of Judgment or Order To the Claimant kazzaw Before District Judge ................. sitting at Lincoln County Court. EX PARTE IT IS ORDERED THAT The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled. Dated 28 December 2006
  13. As there seems to be some issue with signatures I'm posting this thread as a place to point to this spreadsheet: Download v1.9 It works with most versions of Excel for calculating statutory and contractual (compounded) interest and printing a scedule of charges. Any questions feel free to ask.
  14. I work in the 'industry' and we have had serious problems getting hold of certain parts of the collection - I will have a look and see which are the worst ones to get. A lot of the problem is that the OF&H partwork is a re-issue of an earlier collection, so those parts that were most popular the first time around are in short supply this time - The Jolly Boys Outing for example is one I seem to remember. The publisher is GE Fabbri - Database Factory are an outsource company handling subscription services. Fabbri's website still indicates that the issues that you are missing are still in stock. You could try to speak to them directly on 0207 836 0519 or [email protected] There is certainly a contract involved particularly where you have paid up front for the collection, but I would imagine that cancellation with a refund for parts not received would be the best you could reasonably hope for, as although you could deem the collection as a 'whole' to be a single unit, incomplete without the other parts, it could equally be deemed that the issues which you have received to date have been able to be used and enjoyed. Of course it may be that Fabbri can pursue Database on your behalf and may offer the missing issues at no charge as a gesture of goodwill and obtain a refund for the missing parts, but my own experience of trying to get back isues dating back months for disgruntled collectors suggests that this is unlikely. That though is in the wholesale/retail side of the chain, not subscriptions where the goods have been prepaid.
  15. You have the right to have what you have paid for delivered. Set them a time by which to deliver all of the outstanding issues, in writing, and state that if they do not deliver by this time you will hold them in breach of contract and claim a refund. The Distance Selling Regulations (assuming this was done by mail order) gives a trader 30 days in which to complete a contract, i.e. deliver the goods. After this time they are in breach of contract. You won't be entitled to anything over and above the value of the missed copies.
  16. ok, i'm sure you've read before - hsbc are known for closing accounts on the second claim. as long as you are aware. any chance of a meaningful dialogue with your manager (or someone with a little authority) asking if they wouldn't like to in this instance reverse that charge coming up, as you have filed a claim and wouldn't hesitate to do it again but it seems like a lot of fuss over one charge - and you are hoping to be in a much better financial position in the next few weeks. doesn't hurt to try! they have done it before. or, if they won't, when it comes to an offer with dg - ask them wouldn't they like to avoid another claim and include this one charge (which by then will have shown up) as a goodwill gesture with your claim (this is when they make an offer) again - doesn't hurt to ask politely!
  17. Hiya Ohh they like to leave it till the last min, I know quite a few members who like yourself have been put thru it, but not to worry, it will all be over soon & you can go on a spending spree lol You will be ok...trust the members on here, they know what your going thru....
  18. Some useful links.. 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 Moneyclaim Online https://www.moneyclaim.gov.uk/csmco2/index.jsp AQ Guide to Completion http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Court Fees http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm Data Prot Act Non Compliance http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Rejection of Settlement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html ERC Letter for Mortgages http://www.consumeractiongroup.co.uk/forum/post-432747.html Witness Statements for Court Bundle http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-etc.html Banking Code website http://www.bankingcode.org.uk/faq.htm Limitations Act http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html How to Start a Thread http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts.html
  19. MY post...chelskitel's THREAD!...lol... To Both: Check out my reference to a post by jonni2bad in #18 of the following link: http://www.consumeractiongroup.co.uk/forum/general/54212-do-i-have-accept.html Hope this helps?!
  20. Hoogie i think you will need to do 3 sets of your court bundle, send one to the court and one to YB. As there is a lot to print and copy i wouldn't do them just yet as you have a few weeks before they have to be in and YB might settle rather than do a court bundle to send to you, you can download the basic bundle here, there is a list of all doc's that you will need to add to the bundle. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html then just make sure you have everything ready and plenty of ink and paper. Also you might want to copy the Peter McNamara interview on CD which if you do you will have to inform the court that you will be producing a CD as evidence. I still think they will pay up rather than do this. Regards Moss
  21. Fireman Sam can you please confirm that this is Drakes and their location ? Thanks Please go and have a look at post 19 in this thread. I would also question as to whether a SAR is needed to obtain a list of charges for the baliffs services and applied in your case. There is a legal requirement for them to provide this anyway,as there is also a table of fees that are chargeable for different actions. They should be your first point of call,since you will need to give them a chance as prev stated to supply this before taking action to force them to do so.
  22. also see this thread: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html Hope this is of use
  23. A while back about 7 odd years ago. I was involved with them. I recieved a phonecall from them to say that i had applied for a car through their agents and so. Isaid i was unemployed and they said we will get our dealer to phone you. My car then had a few problems. Anyway the dealer phoned and i explained that i was on is and he turned around and said you have a high credit score we can give you a car right now. so itrundled off with my paperwork and my px with its mot. they accepted and i signed etc. Only to be sold a writeoff vehicle reg p457 *** which was a escort. Regardless i also found out that the dealers had also got me to sign to say that iwas working and was not on income support. I had the car around for 4 weeks when i found this out. anyway welcome turned around and told me to return their vehicle to the dealer and to collect my part exchange. i never got the px back and welcome tried to drag it through court. Only thing i sent the log book back marked as vehicle scrapped which all the relevant agencies took notice of. Of course by the time the dealers found out it had already been 3 months. they lost big time i think approx to the tune of £4500 i think.
  24. Hi Hughes, Al asked me to take a look at your thread, Firstly don't panic, The statute of limitations allows 6 years from when you became aware of the problem. You have made your SAR so you should receive details back to Dec 2001 and can subsequently claim back to then. I'd be very surprised if they query a couply of months but if they do we just quote sec 36 of the limitations act to them. Thye will have to go into court to dispute it and I doubt they will do that. Please don't mix info between this site and moneyexpert the sites both take a slightly different approach and mixing the 2 could create confusion. It's basically now a case of waiting for the SAR data to come back with regard to Woolwich. The DCA we deal with slightly differently, write to them requesting a copy of the credit agreements along with copies of the deed of assignments for both accounts. This is under sec 77(1) of the Consumer Credit Act. A £1 fee should be enclosed and they have 12 days from receipt to respond, after which they are in default and it becomes unenforceable without a court, after another month they commit a criminal offence. Template letters are available. Notify them that both accounts are now in dispute and any attempt at enforcing them will be raised in any subsequent court action. That should keep them quiet for a short while I thought I saw mention of the DCA as being Equidebt but can't find it now, This is interesting as I have only this week been shown a demand from them by somebody else. Enquiries are now being made concerning them. I'll do some checking up on them as I don't recall them on my list. One last thing Hughes, Dont let them panic you. this whole thing now is being done in a timescale YOU choose not them. If you give them 14 days then they get 14 days not 3 weeks to respond. One thing this site does after years of the banks and DCA's making demands of us is it puts the shoe clearly on the other foot. We are now making demands from them, and we have the law on our side.
  25. Hi Welly. While you're waiting for your account details to arrive, spend the time reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions and give you an idea of the procedures you will be following. Read some of the longer threads in the Halifax forum to get a feel for the action. Regarding your account number, probably the assistant having a bad day. Good luck with your claim. Regards, Rooster.
  26. Hi Basil. First, please edit your post to read...... Your choice of word is potentially libelous. I imagine the problem you're having with the spreadsheet is that you don't have MS Office installed. I suggest that you download the free Open Office spreadsheet program. Then download the open-office version of the spreadsheet template. That should get round your problem. Regards, Rooster.
  27. Hi Boxer, re your question "does any one know if mortgage account charges come under the same principles".. Simple answer YES Ian
  28. This was the bundle pre Case Management Conference. Cobbetts Llp Ship Canal House King Street Manchester M2 4WB Dear Sir, Please find enclosed documents prior to the Case Management Conference 2pm 13th October 2006. Copies have been sent to the Court. 1. Claimants further reply to your CPR part 18 2. Claimants reply to your Defence. 3. Witness statement of Claimant 4. Case Management Information Street Yours faithfully Bristol County Court Before His Honour Judge Havelock-Allan QC Between and Case no xxxxxxxxx REPLY TO THE DEFENDANTS DEFENCE 1. The defence is a template and identical (word for word) to defences provided against many similar claims brought against the Defendant nationwide. Including the same typographical errors. 2. In reply to point 3. The Defendant has been provided with this schedule. And the Claimant would seek reciprocal full details with all supporting documentation of each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence. 3. In reply to point 4.1. a) The Defendant appears to be requesting the Claimant to identify where the Claimant has breached the contract. The Contract and published Terms and Conditions are quite clear regarding the breaches. b)The Claimant would ask how charges are applied to the account (whether automatically or by some other means) and when. c) Further, the Defendants assessment of the cost to it of sending any letter making any telephone calls or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant. d)The justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant. 4. In reply to point 5.1 – 5.3.4. The Defendant is well aware of the contractual provisions. The Defendant wrote them. Solicitors representing the Defendants are very familiar with the quoted Acts and do not require the Claimant to be more specific at this stage. 5. In reply to point 5.3.5 Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant: The Claimant would ask that the Defendant identify each and every such service referred to in the defendants terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified. Further, to confirm what steps are taken by the defendant in providing the alleged services referred to in the defence and to provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant. To also confirm whether the charges are applied automatically. 6. In reply to point 5.4.2 – 5.4.5 Above replies apply. 7. In reply to point 6. The Defendants are aware that Part 18 does not apply to Small Claims Track. The Claimant considers that upon allocation this claim being less than £5,000 will be so allocated. The Claimants consider this request to be intimidatory as Part 18 is excluded. The Request was made early in the proceedings and designed to cause certain Claimants to worry, possibly withdrawing their claims due to escalating difficulty and mis-understanding of terminology and process. This tactic is offensive and tantamount to an abuse of the system of the court. However, the Claimant has considered further his reply and the responses have been made to the Defendants CPR part 18. The Claimant asks the Court to order the Defendant to reply to reciprocal requests for further information. 8. In reply to point 7. The Defendants have received many similar claims nationwide. It is quite wrong of them to suggest they do not understand exactly the whole purpose and scope of these claims notwithstanding any errors of terminology or lack of particularisation. The Claimant believes the facts in this reply to the Defence are true. Signed Dated Bristol County Court Before His Honour Judge Havelock-Allan QC Between and WITNESS STATEMENT OF CLAIMANT 1. I am xxxxxxxx and am acting as Claimant in Person 2. This witness statement is made in support of my claim and in reply to the Defendants (undated and unsealed) application for an order to strike out and Summary Judgement against the remainder of my claim. 3. The Defendants (along with many other banks) have experienced an increase in similar claims for repayment of unfair bank charges. Using a variety of legal process to argue and delay and complicate their defence. Whilst the Defendant argues these claims all fail to disclose a recognisable claim and none have any chance of succeeding and therefore should not proceed to a hearing: The Defendants refuse to attend any hearing and in all cases have negotiated settlements prior to hearing rather than attending a hearing. 4. The Defendants behaviour effectively thwarts the Courts from being able to make a judgement. 5. Whilst I am acting as Claimant in Person and cannot afford representation but wish to mitigate any escalation in cost bearing activity. It is seen that the Defendants are quite prepared to continue with cost bearing activity without any prospect or inclination to allow any Claimant the justice of a hearing and associated judgement. 6. The Defendants solicitors application represents their efforts to have the case struck out rather than heard and effectively they “win” on behalf of the Defendant upon successful application without the risk of a hearing or judgement against them. 7. Whilst the Defendants have made a payment accepted as a part payment on the understanding that the claim proceeds for the balance, the Defendant is now attempting to ensure the claim progresses no further. The part payment was accepted on the understanding that the case would proceed or settle in full, not struck out. 8. In reply to the Defendants point B3. The Claimants Amended Particulars of Claim sealed by the Taunton County Court are not the draft amended particulars the Defendant has attached to their Application to strike out. 9. In reply to the Defendants point B4. The claims referring to the Limitation Act are flawed in that the amounts are fairly claimed and but for the Defendants failure to comply within the time provided, to provide statements from which charges could be confirmed, would have fallen inside the 6 years required of the Limitation Act. 10. In reply to the Defendants point B5. The claim is asking for the return of the charges plus the interest the Defendant has levied on those charges to arrive at the total claim plus costs. Section 69 allows Claimants to apply a further 8% per annum. If the Defendant believes the calculation of interest is incorrect, the Claimant requires (and has previously requested) the Defendant to prove a more accurate calculation rather than provide a simple list of figures. The Defendant has failed to comply. 11. In reply to the Defendants point C7. I would suggest that the most compelling reason to proceed to trial is in order that a judgement can be made based upon evidence provided by both parties. If the Defendant is so confident of their position (that the Claimants have no prospect of success) they should be capable of defending such a claim without fear of the wrong outcome. 12. In reply to the Defendants point C9. The Defendants charged the Claimants between 16.5% and 29.5% interest on top of the illegal bank charges. The Defendant refuses to confirm their calculation of this sum and the Claimant has therefore claimed an average of 23% in the lack of any other evidence or calculation indicating a more accurate formula. There is no double recovery. 13. I ask the Court to allow this case to a full hearing and judgement. If the Defendant remains unsure of their prospects of success, a hearing date will focus their attention to settle rather than escalate delay and further frustrate these claims by taking advantage of procedures which might otherwise cause another claimant in person to lose heart and withdraw. It appears this is the strategy the Defendant is using against many ordinary and unrepresented people nationwide. The Claimant believes the facts in this statement are true. Signed Dated Bristol County Court Case Management Information Sheet Before His Honour Judge Havelock-Allan QC Part Filing: Claimants Solicitors Acting: Claimants in Person Date Substance of case. 1. The Claimant seeks repayment of unfair & unlawful bank charges and interest. Parties 2. Yes 3. No, although Taunton County Court may link other claims. Statements of Case 4. No 5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges. Disclosure 6. Within 7 days of being requested by the Court. 7. No 8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge. 9. Yes: 10. (i) Within 7 days of Courts directions (ii) Within 7 days of Courts directions Admissions 11. No Preliminary issues 12. No Witnesses of fact 13. One 14. Claimant 15. Claimant 16. Within 7 days of Courts directions 17. No Expert Evidence 18. No 19. No 20. No 21. None 22. N/A 23. No 24. None 25. N/A Trial 26. 1 hour 27. Within 4 weeks of Case Management Conference 28. Bristol County Court 29. No A.D.R. 30. No 31. No. The banks have so far refused to attend hearings being content to take the full period of the process before settling at the last minute. 32.No 33.No Other applications 34 None. Costs 35. Claimant in Person costs £9.25 per hour 18 hours research & preparation £166.50 plus £16.00 sundries expense. 36. Attendance in Bristol for Case Management and subsequent hearing total 200 miles at standard mileage and car park rate. Further costs say 4 hours at hearings plus 4 hours travelling. Plus 10 hours additional research and preparation. Plus £4.00 sundry expense. Signed Claimant In the Bristol County Court Before His Honour Judge Havelock-Allan QC Between and Claim Number xxxxxxxx 1. This response is served pursuant to the Defendants CPR 18 REQUEST of 17 July 2006 2. In response to Para 2.1 of the defendants request the Defendant received this information with the Amended Particulars of claim on or around 1st August 20061. 3. In response to Para 2.2 of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges and are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses Further or in the alternative the charges are contrary to the Unfair Terms in Consumer Regulations 1999. Para 2.(a) The claimant should not have been charged an amount above the true administrate cost incurred by the defendant, (b) the claimant should not have been charged for reason out lined in Para 3. © the claimant should have been charged the true administrative cost. 4. In response to Para 2.2(d) The Defendants have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incurred by the defendant in applying the said charges. 5. In response to Para 4. If the defendant is trying to say that the charges are for a service then the clamant will argue that the defendant has attempted to restructure accounts in order to present events of default spuriously as additional services. The UTCCRs are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.) 6. In response to the further questions made by the defendant the claimant will not be able to respond to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the Defendants 7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court. The Claimant believes the facts in this statement are true. Signed Claimant Dated
  29. Hi Sarah, I wouldn't email them anymore, send all letters recorded delivery. Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim. DO NOT send them any money, or bother talking to them. Just send them this letter, and wait patiently. Your Address etc Their Address et. Date Dear Sir In the XXXX County Court (CLAIMANT) -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) REQUEST FOR FURTHER INFORMATION I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated. I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to. In light of this, can you please provide me with the following: A true copy of the alleged agreement you refer to. How you calculate the sum of £(AMOUNT) How you calculate the sum of £(TOTAL) We would be grateful if you would respond within 21 days of the above date. In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point. In any event, kindly acknowledge safe receipt of this letter. Yours faithfully, YOUR NAME This letter requires them to provide the account details and all charges to your account to which the claim relates. They may well come up with these if it is a recent account but you will be able to counterclaim for unlawful charges + interest. Also send a copy to the courts to place on file and ensure you place the claim details clearly on the letter. More advice can be given when you receive your next letter from Lowell/courts. SHERLOCK
  30. Sorry chaps I been out all day and only just got the message......but I have done it now. For future reference Mods are able to move threads change titles and merge threads users cannot. Only Admin can change user names. You are welcome to let me or one of the other Mods know if you see something that needs sorting. Btw I would agree with Bongs reply regarding filing. There is no benefit to splitting them up for the money we are talking about over the 5K. Just also out of interest The 5K ceiling is not absolutely set in stone....the Judge has the discretion to allow amounts that go over this,and in fact there have been cases where 5 and half grand have been allowed. Ta:D
  31. Another one settled by the Birmingham office... Well done For anyone else looking at this option, of calling them to get a better 'last minute' offer, you should really call the person/number on your offer letter as they have been allocated your case. OK, the Birmingham people seem to be taking the calls and handling them without question - but that could stop if too many are calling there when they shouldn't...
  32. bill-k have you recovered yet? You are absolutely right. I'm thinking too much into this - when the matter is simple. Keep It Simple Stupid - I mean me not you I'm catching up with my brill solicitor friend tomorrow to go over the whole case (I have stacks and stacks of paperwork prepared) so I'll keep you all informed tried to click your scales again but apparently I gotta share those clicks around a little
  33. COOL! Congrats to you too as well hunni! I think they are getting the message now don't you! :D
  34. Hi Team. Margosweeney,don't be frightened by this.All the help you need is here.You will get letters trying to put you off claiming.Scare tactics to make you back down.I personally have'nt had any problems chatting or writing to bank staff.You get the standard 'Go Away ' letter,but you must claim what is rightfully yours.We have all been duped into paying excessive charges for years by the banks.They knew that the charges were Unlawful.Now that they have been caught with their hands in our accounts,we want it back.People have lost homes and families through bad banking practices.They have'nt appeared in court yet as full disclosure of their true costs would have to be presented.It's like the Coca Cola formula.Well hidden from everybody.The true cost is pence,all done by a computer.Your amongst friends here.But you will need to be prepared if it does go to court.Probably won't but could happen.Everything you need for that is here also.If the calim is too much for small claims,you may be able to split it.Let us know the details when you know yourself.Someone here can help. Hope this helps Ukaviator
  35. POINT 6 - Probably untrue as our Mr Smith was not registered as practising 2 years ago - checked with Law Society today and he is now registered at Citi's address.
  36. You're welcome, and thankyou for your donations, they are much appreciated. Good luck and keep us posted.
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