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Showing content with the highest reputation on 12/02/07 in all areas

  1. Peter, Just remember that you're only having the same thoughts and fears that we all had when we started out on this site. I've just filed N1 (court claim) today and I'm still anxious about that whole thing, but hey, I'm only asking them for my money back.. Best advice is to read as many threads as possible - no two claims have been the same. Some settle before filing claim, others afterclaim has been filed. Here are some more links to follow: FAQs - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Step-by-step instructions - http://www.consum
    2 points
  2. Hi Many thanks to whoever gave me a tick within the last hour. Does anyone know how many rep points you need to gain another green blob - OH! I sooo want another green blob!! Regards, Pam
    2 points
  3. Hi bob, firstly the six years doesnt have much to do with the SAR request, the bank or card company has to by law send all data no matter how long held on file. If they have 20 years of data on you then they have to send it to you. However i get the impression you are referring to the Limitation Act 1980 which states a normal claim can only be bought within a six year time scale. There is however exceptions to this rule and claiming back bank fee's is one of them. Under the limitation act it states that if the defendant was for any reason trying to conceal a wrong doing that the claimen
    2 points
  4. i think that you should send in a DPA request, which will ask for your statements, along with the statutory 10 pound fee. you can print off a DPA request letter from the templates libary, the bank then has 40 days to comply. while you are waiting for the bank to send you your data, you should have a read of the FAQ,s to get an idea of what you will need to do. it might seem a bit complicated, but it isnt and you will get all the help you need from this site, so dont be put off. you will get there in the end
    1 point
  5. Final Statement of Claim has been removed temporarly.. Ian
    1 point
  6. CG7, stick with sending them a CCA request and make sure you put that you do not acknowledge any debt to them (if it was for 2 accounts then you need to send 2 CCA requests with 2x £1 postal orders or cheques) you can send them in the same envelope. By doing this you are not reactivating a debt and if it is still not resolved by end of year then it's statute barred anyway. I had an old account with barclaycard which I hadn't heard about since ~2001 or 2002. Lowell started pursuing me and i ignored them for about a year, then when i came here I sent CCA to Lowell and
    1 point
  7. I think you should treat it as an allocation hearing - thats what it sounds like to me. This should sort you out - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html. If there's anything else, just let me know.
    1 point
  8. if they don't file their aq - their defense is struck out (sometimes the judge gives them extra time and they still don't file their aq) so, you win. their full and final offers are never their full and final offers if you reject them - they eventually come back with more. the idea of the aq is to put it into the right court track - but dg doesn't want to go - because they would have to show their costs and all and they aren't prepared to do it. so, sometimes (often actually) they just don't file their aq , but if they did, next step would be a court date being set. and crusher and
    1 point
  9. ,Yes HMCS (Her Majesty's Court Service) And then attach a copy of the Draft Order. You don't have to do this if you don't want to.
    1 point
  10. I've sent about 10 recorded delivery letters to banks, etc over the last couple of months and I think 4 of them have failed to show up on the Post Office Track and Trace web site. When I e-mailed them, in 3 cases they e-mailed me back with the delivery details but couldn't understand why they weren't on the website. The fourth they had to admit they had lost. Except that we got the statements from the bank, so they obviously did get it. A bit disappointing really but it has not actually caused us a problem yet. Inte lastcase, the Post Office sent us a form to claim compensation.
    1 point
  11. Hi if I was you I would phone the court and speak to the court services, they are there to answer any queries you have. If they gave you a new court date in april you should turn up, if you believe you have a good case and they have not thrown it out it seems to me that they are giving you another chance to put forward your claim, Thats just my opinion, so I would phone the court first
    1 point
  12. Ask yourself a few questions 1) If they changed the date or amount without informing you then the bank must rectify it. So If they collected an amount different from what you agreed with them (£0.00 -cancelled) without informing you is that not the same in principal. 2) You do not have to inform the bank if the date or amount changes so why inform them if the amount changes to £0. Your argument to the bank(if you needed it) could be that you only cancelled it with the company and not the bank because it was only a temporary cancellation with a view to resetting it with the company
    1 point
  13. Tick tick tick. From reading other threads reckon about 10 days from when your claim is received to when you get your money. In the unlikely event that you don't receive your money: Nationwide have 14 days from date claim is "issued" to acknowledge the claim they then have 28 days from date claim is "issued" to issue defence . In majority of claims (90% or more) they pay up and don't issue a defence. The next thing for you to do is wait and then one of three things: 1) If they issue a defence then you will be sent an AQ to fill in. 2) If any of these deadlines ar
    1 point
  14. Yep, sure did. Quite nerve racking really, didn't want to sound like the complete novice that I am at this sort of thing. Don't go ringing them yourself just yet. Just trying to get my bearings with your case, you've just filled your AQ? I'm sure I advised you it took me three weeks to be officially allocated to the small claims track. If you need to call the court they'll advise you whats going on. Above all don't get disheartened. It'll all come together soon enough, and this comes from someone who has been sitting on the payout fence for what seemed like an iceage:)
    1 point
  15. Yes unless you receive the money in your account go to court - you should receive it though. Unfortunately the £250 that has since accrued, will have to the subject of a separate claim, you can try with SCM to get it included, but I do not know of anyone having success with this. You can get limited cost recovery for tomorrow if they do not settle. This is a very good link and contains (about 2/3rds down) a section on costs: http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html
    1 point
  16. sea-sidelady Hi again, i have also read somewhere on these threads that people like these MH cannot take you to court if they have purchased the debt from someone else. if this is the case i don't know how they can put defaults against your credit.
    1 point
  17. "For your information, the general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request." I just noticed this - it seems to clear up the long standing question mark over whether or not overdrafts are included in s 77-79. Looks like they are. Brilliant work tifo!
    1 point
  18. hi ft everything is as it should be at the moment. the status will change to 'defence' at the last minute on 19th. you'll then receive the defence and aq. everybody is working 2/3 weeks behind, so even if you hit the judgement button on mcol (if it lets you), the court will probably give hsbc 7 days further to submit their aq. all a bit hit and miss at the mo - don't worry though - we'll all get there in the end! netty
    1 point
  19. Tony, Click the link - it will help you: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html If you have only sent off your prelim - asking for it back, you will need tosend off you LBA (Letter Before Action) and another copy of the spreadsheet containing a copy of your schedule of charges - sea-side lady put the link on her ealier post, but here it is again: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Every thing that you'll need to send to thebank or court (if it gets that far) are in the Tem
    1 point
  20. Hi At the risk of being told to 'mind my own business' I am going to have my say! This site is for all who wish to join and any thread is open to everyone. A man's right to security and privacy in his own home is a basic right of any democratic society, but so is freedom of speech! Everyone is entitled to their own opinions and should not be subjected to ridicule, scorn and abuse by expressing them. This forum is about the exchange of ideas, the gaining of knowledge and sharing of opinions. There was a similar situation to this recently where a bailiff (blfuk) had jo
    1 point
  21. 2die4 You're about 5 days behind me. I sne t my LBA on 27th Jan, and got a reply on day 13 (9th feb)saying that they had not yet looked at my camplaint, but had until 9th March to respond. N1 filed this morning at 1000hrs - wonder if that will get a response..??? Good luck with your phone call - if you decide to make it.. Survivor
    1 point
  22. Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You need to spend 2 or 3 days gradually getting your head round everything. If
    1 point
  23. Charlie, why don't you just ring them up and speak to a business advisor, if the account is still operating tell them that you want to keep the goodwill going and you really don't want to cause unnecessary friction between you as you are very happy with coop bank etc. Don't speak to just any ole customer services person. Ask to speak to your/a business manager. I know for a fact they are settling rather than going the legal route and I really suggest you try just talking to them first. Know the figures before you call and don't forget to mention you are following the Consumer Action Group camp
    1 point
  24. Hi Brad, Im not sure about payment protection interest and cash interest so wouldnt like to quote on that as I have only ever been charged Purchase interest. What spreadsheet are you using as it should do it all for you? I would also suggest you phone Cap 1 and ask what APR they are applying to your account (there is a way to check they give you the correct info). You may find this thread useful if you havent already seen it. It is very long but worth it. http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html
    1 point
  25. Start your own thread - so people can keep up with you and help when they can. Stick to YOUR timetable. Read the FAQ on here and don't be put off by HSBC not replying or giving a wishy washy "we are looking into it" answer. Send Prelim and scedual of charges you are claiming back - and interest if you go for it (I didn't) If you look in the library there are great templates that do all the work for you. In exactley 14 days follow through with the Letter Before Action and then if not in recipt of your monies in 14 days file your court claim..... It is your money and alm
    1 point
  26. Hi guys The APR has nothing to do with the Interest rate, the APR is the Annual percentage Rate and is there just to reflect the true cost of borrowing. The APR is shown on credit agreements (fixed sum or running account) on fixed sum the APR is calculated using the Interest charges and any other charges and is a known comodoty. On running account the APR is an assumed calculation. Credit card agreements and overdrafts are running account agreements, Loans HP, Conditional sale are fixed sum agreements. Do not let the APR confuse you, you will find it difficult to work out the amount
    1 point
  27. Morning Gaz, this is their current method at the moment, giving you a bit of your money hoping you'll go away. Tell that you will be delighted accept their offer as part payment but that you expect them to comply with your subject access request within the 40 days, then add up what they owe you (don't forget to add contractual interest) and see what the balance is after the amount they have already "given" you. I understand it is possible to get defaults removed, especially if you have been defaulted as a result of charges, however, there will be somebody out there with more experience o
    1 point
  28. You wont need luck, you have been right on track the whole way so far. The good thing about filing N1 is the people at the court can have a quick check over your papers to make sure everything is ok. That sets your mind at rest. Almost there now....... so close you can almost smell it
    1 point
  29. Blacksheep, I don't wish you any misfortune. It seems that you have already experienced misfortune... from the other side of the fence, so to speak.. and unfortunately, have been left a little bitter as a result. My comment about you swallowing tabloid garbage was said because that is what you appear to be spouting out.... a moral panic about all debtors being wannabe criminals; trying to cook up new ways of avoiding payment. The tabloid press do this all the time... with debtors, lone parents, asylum seekers, street crime... and so on. Take your pick. This means that people in debt becom
    1 point
  30. Hi Francis Its really not that difficult, just take one thing at a time 1 Post in the relevant bank/Credit card forum 2 Send SAR get your statements http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html 3 While your waiting for your statements have a good read around the FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ and read threads in the appropriate forum 4 Mark up all the penalties your bank/credit card provider has added to your account. 5 Send prelim letter http://www.consumeractiongroup.co.uk/fo
    1 point
  31. Frances, Welcome to CAG. Your best bet would be to start a thread in the forum for whichever bank you are going to claim against. You'll get help there from people who have already successfully claimed and will tell you exactly what to do. Call your thread something like "_frances vs. [insert your bank here]". That way, all your posts are in one place and the experts will be able to track your progress and give you all the help you need. Before you go diving in and send any letters or start any spreadsheets, read the FAQs here: http://www.consumeractiongroup.co.uk/forum/faq
    1 point
  32. £70 per month! That is disgraceful & extremely unusual according to my better half who practices in probate. Undertakers set their prices to allow for such delay's in payment. It may take months to obtain probate then you have to sell the property which could add further months. I suspect it is unlawful & can & should be challenged by the executors as unfair under the UCCT
    1 point
  33. The above amendment to the Theft Act is not relevant in this case. keeping a wrongful credit is only applicable if the orignal money kept was obtained dishonestly / by theft / by deception. It was introduced to deal with people who for intance obtain a motgage fraudulently and then then transfer the money to a third party who then either keeps it or moves it on. Money transfers under the original Theft Act were not considered property so this amendment was introduced to close that loop hole. Heres an extract from the internet on the subject It is made clear that a
    1 point
  34. started reading this thread at 02.30. finished 07.34 what a fantastic read l & m well done when will this be avaliable in hardback?
    1 point
  35. usual ploy write back reminding them the clock is ticking looking at the other threads, as i'm about to start my O/H claim against them, ill watch this with interest dx100uk
    1 point
  36. You could CCA them but this isn't recommended unless there is doubt about whether the debt is genuine. Firms like MH work on the basis that if they can intimidate and scare you enough then you'll pay more. People who simply ignore them often get ignored themselves. You have a couple of options. You could simply stop paying MH. They'll scream blue murder at you but they may eventually just give up. You could go bankrupt- this would wipe out the debt but there are all sorts of complications with this course of action. The third option is to preprare an income and expenditure acc
    1 point
  37. Hi I don't know to what extent you will be using unjust enrichment in your claim but I have several saved documents/articles/court cases on the subjects of unjust enrichment/restitution/mistaken payments that I would be happy to send to anyone via email if it would be of any help. Regards, Pam
    1 point
  38. Sorry if I appear thick George, but the way I read this is that you told them the settlement was for that claim only, and they then paid you, which implies to me that they have accepted your amendment to the terms. Your original claim will have shown dates of the charges, which differ from the dates of your second claim. I'm not familiar with the Scottish legal system, (or the English one much either really), but I can't see why you think you'll have a problem. I know the CB tricks with this, but from what I am reading I think you covered your back, unless you get an unsympathetic judg
    1 point
  39. I should write to them and acknowledge reciept of this but state that you only accept this as partial payment and that you will continue with your claim to recover the rest of the outstanding balance. Something like this: BANK NAME Address Address Postcode Re: Account number *********** Response to settlement offer. Dear *********** Thank you for your partial refund of unlawful charges to my account. I respectfully decline your offer of settlement. I will accept the sum offered only as part settlement and on the clear understanding that I will continue to p
    1 point
  40. Here's the one I always use for my claims -
    1 point
  41. Hi Kelly, If you click on your log on name a drop sown menu should appear. If you highlight 'Find more posts by kelly.galton' it'll direct you to the post you need to find. Also, I, like natweststaffmember, do not understand wot exactly you are referring to. Sorry:( There are templates for CPR18 letter Letter to Court re CPR18 request and a useful link with more information Cobbetts Cpr part 18 request In order to fill in your AQ look in here Bank Templates Library Allocation Questionnaires - A guide to completion I have checked the hmcs website and that does not recogni
    1 point
  42. If the CCA request is in default the debt cannot be enforced as follows: Quote] Under s78 sub section (6) whilst the default continues you (they) are not entitled to enforce the agreement in law.
    1 point
  43. i stopped paying it when they defaulted in july. and making paymnets before the cca is sent is not taken as admission of the debt, you were deceived into believing they had the legal right to collect it, as in had the correct paperwork, you were in a vulnerable state. at the end of the day even if they tried to say your payments were acknowledgement of debt they do not have the legal right to take this money or enforce this and have taken money from you by deception the legal term is something like 'taking pecuniary advantage by deception'. so stop worrying and just wait and see what thety s
    1 point
  44. breadline- make an appointment to see an advisor at your local CAB or try to get a half hours advice from a solicitor. Many will give you half an hour for a fiver. With there being a mental health issue in your case, there could be Human Rights Act or Disability Act implications which would work in your favour.
    1 point
  45. I will be trying to get out of my debits and don't mind admitting it. I had neurological problems for 3 years which caused bi-polar and a breakdown in communication skills. my first year i was employed 6 months, my 2nd year i was employed 3 month, my 3rd i was leaving jobs monthly. My earning potential became less than possible to pay my mortgage and live with necessities. Over this time Lloyd's refinanced me up to £10,500 in debit, and as a lender they had a responsibility as resposible lenders. My final loan of £4500 i was actually told i could not have insurance as i had not been
    1 point
  46. COOL! Congrats to you too as well hunni! I think they are getting the message now don't you! :D
    1 point
  47. 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
    1 point
  48. Hi BF, and all interested (like... everyone?). The original simple spreadsheet was not set up to easily change the rate of interest. With the complex spreadsheet at the moment, all you can do is change the 8% for a contractual rate, and this one rate will apply for the whole of the period. This is mentioned in the notes of the spreadsheet. There is an arguement that as the rates have changed over time, the contractual rate claimed should reflect this. I am currently looking into this. If it would be correct to alter the rate over time, then I can create a template that would do this
    1 point
  49. Look for "UNPAIDS OUT......I @ £xx Look for "UNAUTH O/D FEE....£xx Look for "PAID REFERRAL....1 @ £xx These are the main ones.
    1 point
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