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Showing content with the highest reputation on 16/03/07 in all areas

  1. 2 cca DEFAULTS? About ready for this letter then : I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX. In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this req
    2 points
  2. I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX. In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a d
    2 points
  3. GETTING MCOL RIGHT If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim. Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised. Therefore I would strongly advise you to file at your local court. It will be transferred here eventually an
    1 point
  4. You may want to visit their website. It gives a good impression of the type of firm they are HL Legal
    1 point
  5. Absolutely - and that is why this site is dedicated to helping people with financial difficulties and makng sure they know their rights and the implications of any contract they enter into - particulary when it comes to your home.
    1 point
  6. This should do the trick Dear Sirs, thank you for your letter dated . I understand you are asking for arrears of £1335.50 payable by 2nd April 2007. After speaking to one of your representatives today, she informs me that my arrears are in fact 2 months which equates to £534. This I shall endeavor to bring up to date by 2nd April. I have now been informed that you have called in the whole loan before this date and have illegally removed monies from my bank account. This as your are aware is in total breach of the banking code and is a very serios action taken on your part. I firmly sugge
    1 point
  7. The authority is Stour Valley Builders v. Mr & Mrs T.P. Stuart 1993 WL 964283. This is a Court of Appeal case. I'm not sure if the judgment is published openly or not on the net, that discovery is left as an exercise for the reader:) The judgment is quite lengthy and considers a number of other authorities but the key points are: There needs to be agreement (accord and satisfaction) between both parties that the payment is accepted as full and final settlement of the claim. This agreement needs to be evidenced. The offer creates a rebuttable presumption that the offer is in
    1 point
  8. Hiya paddywackbrandon, Here is the link to the b/card site. If you start reading a few threads there you will get a lot of answers. http://www.consumeractiongroup.co.uk/forum/barclaycard/ And all your questions can get answered there. Please read the f&qs. There are invaluable. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Also the step by step is good to book mark. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html If you need more help, just ask on the forum, there a
    1 point
  9. Question 1 all depends on what you mean by overdraft interest. If you are referring to the debited interest charges on your statements, then certainly not. The reason they offer partial amounts is to make you think twice about accepting it - saving them a fair amount of money. If however, you have already added 8% interest to your claim before you should have then I would expect this is all you are entitled to and you shoudl accept. You have to be fully aware of the implications of refusing it however. If you do not receive a full settlement offer soon you will have to file a cour
    1 point
  10. Depends on how busy your court is - my local one is now listing for August!
    1 point
  11. no, well having said that the 1st sheet i used was one of the ones by vamps, it included a section to input interest debited from your account along with the acc balance and then it worked out a proportion of the interest due to the charges. It also had a section to caclcualte the 8% too. Its worth pointing out that the spreadsheets make assumptions about how the interets is applied to your account and is quite simple i believe hence there is no need to enter the banks interest rate to work out how much of the interest you have paid . The section that relates to the 8% is purely
    1 point
  12. Just read about your win. I am SOOOOO Happy for you. Stalwarts of this website and forum, such as yourself, deserve every win. Enjoy. If you're going to be anything like I was we'll see you sober in a few days!!!! Who's next eh? Not me please! A D
    1 point
  13. 1) i would be dubious of including anything including my signature. 2) if they do not know who you are why are they chasing you, LOL. i can appreciate they may be keen on the whole DPA issue but my argument would be that they shouldn't contact you to chase the debt if they are unsure of who you are!
    1 point
  14. You may be able to pick some bits out of this.. If you look at yours and mine thye are both similar defences... I, Jos say as follows. I am a litigant in person. I make this reply to the defence as a response to the banks defence and the also the banks application to have part of this claim dismissed. I make this response from matters within my own knowledge. It is acknowledged that the defendant denies that the punitive charges were debited unlawfully however it should be noted that the defendant has settled many hundreds of claims without once defending any in a court
    1 point
  15. here u go sand and cider http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html claire
    1 point
  16. CONGRATULATIONS ! ___________________________________ You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability. If I have been helpful click the scales SAR sent 18/12/06 Statements received 02/02/07 Preliminary Request sent 05/02/07 Standard ‘No’ letter received 15/02/07 LBA sent 16.02.07 NO RESPONSE Court
    1 point
  17. groovy as a point to note, it is always best to follow up phonecalls with the written word to make sure they cant deny your request at some time in the future. If you havent written to them do so straight away and confrim your instruction to them from the 1st time you requested this. when it comes to disuputing the charges this is a critical action imho. glenn
    1 point
  18. Noddy, Good luck,this might help;http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html
    1 point
  19. It will get where it is meant to via internal post.
    1 point
  20. There is a lot to get your head around to start with but you will soon pick it up, as long as you read the step by step guide and stick to it and post any questions you have you will be fine. Other people’s threads will give you an idea of what is coming up i.e. standard HSBC/DG tactics and letter's and what you should do and if you do find something you don’t know about just post a question here, someone will be along to answer. Good Luck pete
    1 point
  21. This is a really potentially dangerous practice - about a year ago I couldn't get my dad to answer his phone, and was worried he may of had an accident and didn't have hisinext door neighbours no (he could get in through back of house through his) - but I knew the name of the lady opposite - I looked her no up and asked her to pass on message for bloke next door to ring me - which he did - all in good faith - if people get loads of these calls then they will stop helping genuine cases.
    1 point
  22. Groovycaz Here you go. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/74459-groovycaz-bos-business-banking.html Viewers here, maybe pay her a lttle visit ?? regards Photoman
    1 point
  23. Yes. You can file using N1 at any County Court, Berwick or Carlisle are the nearest bearing in mind if you have to attend a hearing you would need to travel to England. Cheque made payable to Her Majesty's Court Service. If you file using MCOl you need an English address for service of court documents.
    1 point
  24. Further to this, see PD 26 2.2(3)(d)PRACTICE DIRECTION – CASE MANAGEMENT – PRELIMINARY STAGE: ALLOCATION AND RE-ALLOCATION - This Practice Direction supplements CPR Part 26 If your mate is going to write to the court as suggested above, quote that in the letter too.
    1 point
  25. I would say that you did the right thing, but........A CCA request has to be 12 working days from receipt for them to supply. if they havent supplied the paperwork in that time they can't collect on the debt until they do. If they havent supplied one month after that then they have committed an offence and can be reported to the statutory authorities. The debt does not go away they just cant enforce it. I would write them a letter explaining that they have not complied with your request and you will be reporting them if they don't. this will probably have the effect of them te
    1 point
  26. Yes, this is all standard silly stuff from RW&C. They have 12 days (+2 for delivery) to provide the agreement or they are in default of your request, they are obliged to provide under s.189 of the CC Act wether they are the original creditor or not. If they are then in default for a calendar month they have committed on offence. They are already in default, and they cannot legally enforce the debt (court or otherwise) until they produce an acceptable copy of the agreement. Don't give them an inch on the 'phone, they'll just want to play silly games, go in to attack straight
    1 point
  27. When you get a response to letter before action then move to next stage. Make sure before you lodge court action you have included a list of the charges you are claiming from the bank in either your prelim or letter before action. If you have, Just lodge court claim online for now, you dont need to provide anything to barclays or the court at this stage, the court will send you a letter in due course asking you to serve all documents you intend to rely on. Its usually 14 days before the court case (which they wont attend & will settle beforehand) but thats a bit of a way off yet. When
    1 point
  28. As soon as you have the money file, I had to wait about a week til we got paid to file. Keep going it's worth it in the end
    1 point
  29. Very similar to mine Guido.... no CPR 18 either http://www.consumeractiongroup.co.uk/forum/post-589538.html
    1 point
  30. If you have already filed at court then the only way you can add charges is to fill in the N244 form, which costs you £35 and is not recoverable, and it will dely your claim for weeks.
    1 point
  31. You must not stand for the default being registered with credit reference agencies. Write Capquest a LBA demanding they remove the illegal default notice within 14 days. When they don't comply (and they won't ) you have a number of options 1) written complaint to Information Commisioner 2) Court Action- file an N1 stating default is unsubstantiated and claim compensation for distress. If they do not have CCA which they don't, they haven't a leg to stand on....You could also write to Experian but in my experience this is the least effective option.
    1 point
  32. Joesoap Best way is to write to the courts manager he should supply you with the paperwork for the case Still waiting for my SAR results. Judi3 thread purports to ignorance of the law being no excuse. This may be true but I'm going to contest that the amounts on the CCJs I have are based on a false evidence & therefore should be set aside until such a time as I the claimant re-applies with true figures or gives me an option of arranging payment - which I'm doing already albeit through AN iva. Hope this was useful MAC
    1 point
  33. obviously, they don't charge you £78.50 to take money from a cash machine (though I'm sure they would if they could). I think it's something like £1.50 per time or summat like that....
    1 point
  34. In the top posts in RBS forums is a Contact List, there are a number of RBS addresses to pick from there.
    1 point
  35. Hi Cabsi28, No, it won't matter. Simply start court action once you have the fees. Thanks for the click! regards, Pondy
    1 point
  36. Depending on the agreement type you have, it may be in a seperate box under the heading Agreement for Optional insurance. If it is, it should also have a box designating the APR for the optional extras. Find the value off your PPI and use their rate to calculate how much you've been charged. If it doesnt have a seperate area, the amount you have been charged for the PPI MUST be listed on the original agreement else, how would you know you had it!!!....if its not there, then you may not be covered and its time to call (un)Welcome and query it! Although, when you received the reply to your SAR
    1 point
  37. if you are looking into legal implications, i would also enquire about your landlady walking in unanounced. as far as i am aware she should be giving you 24 hours notice before she comes in unless its an emergency. but, the fact that it's untidy while you are there doesnt mean anything as long as its not causing a nuisance, any damage, and it's obviously moved when you vacate. yes, i would think that 5 years would constitute fair wear & tear, but wouldnt she then question why it hadnt been re-decorated. let us all know what the housing department has to say.
    1 point
  38. I cant wait to find out your result. I'm so excited for you. Im sure after all the tv shows and articles regarding these bank charges, Natwest will pay up.
    1 point
  39. Following your thread with anticipation!! Cant wait the outcome and wishing you loads and loads of luck. Just setting out on my quest for refund, nervous and a bit scary but hey gotta be done. We're all rooting for you.
    1 point
  40. Way to go Fendy!!!! I feel like cheering just reading your last post! Good luck mate and stick it to 'em!!!
    1 point
  41. Hi Ron. Yes. But don't put both claims in at the same time because if seen together the courts will probably combine them. Wait until the first one is settled before claiming the second one. For more information, spend a few days reading the FAQs and the step by step guide in the library section. Good luck. Regards, Rooster.
    1 point
  42. lol sorry but 4 weeks ago i had no confidence in these issues, and now i am armed with knowledge thanks to everyone on here *stands up and applaudes to each and every one of you* and now i feel i can fight these people and win!
    1 point
  43. Hi there, you need to make your cheque payable to your bank or building society, whomever you are asking for the statements off, i.e. Natwest Bank, Barclays Bank, or whoever. You need to send the first letter asking for your statements to their addresses to be found in forum links. If you need help just reply to this post and I can find the address for you. Hope this helps, but hurry up and start your claim. Hope this helps. Fend x
    1 point
  44. I think, no I know, we have all been where you at now, I know I was! You know the type of thing? "They're not going to pay me" "I am going to be the test case" "I've done everything wrong" and many many other worries in that vein. Slow down, take it easy and read ALL!!! of the success stories. I managed to claim back a lot of money from the Halifax that they took from me when I was at my complete lowest and not only that they insulted me when taking it also - "can't manage your account Boo?" "Well here's a couple more thousand in charges that should help"! Everyone has some financial
    1 point
  45. oh dear i think i have messed up!!!! when i sent letter requesting payment back i sent lba by mistake according to that letter i sent i told them that i would be taking further action and would begin a claim against them!! i think i have jumped the gun, they sent a letter today which said they thought the charges were fair and if i wasnt happy i could get in contact with financial ombudsman blah deblah.... what do i do now can anyone help?????????:o
    1 point
  46. I tried to put this info on the Consummer Info main forum but its locked. So I,m putting this here in the hope a lot of people read it. I'll post it on other forums also or start a new thread. I have had to do a lot or investigating into CRA's and Credit file searches etc etc, and I've found out something that I dont think people are aware of Banks etc use different types of seaches on credit file, 1 an enquiry type search.....this one is used to check your file if you apply for credit with them. This search is recorded on your file so that you know it has been searched. 2 is an up
    1 point
  47. Date Account Number/Reference: Dear Sir/Madam, After recently obtaining a copy of my credit file from Expedia, Experian & CallCredit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. 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
    1 point
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