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Showing content with the highest reputation on 09/10/07 in all areas

  1. I have an overdraft with Barclays. In short the account has been closed and i have had to return my debit card and cheque book (how ashamed i feel about that). The account is mainly charges, i need to check the amount, but obviously i cannot claim at the moment. I have written to Barclays asking them to cease the 'Additions Plus' status of the account, as this is costing me 15.00 per month. They have ignored this request. I have asked them to cease adding interest. Thye have ignored this too. They've added just under 40.00 this month. I've written 2 or 3 times offering a repayment figure each month which they refused. I then sent a budget sheet with the same offer. No response. I have received a notice of intended legal action. I was that disgusted i've flung it somewhere and can't find it :o Anyway, can anyone advise me the best way to move forward with this? I didn't make a payment last month, but i paid 4 x what i'd offered in August. I will make a pyment at the end of this week. Has anyone else being able to resolve the interest / additions acc. charges? Any help appreciated
  2. It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through. If you feel that SINCE THE WAIVER you have 1) appealed against a stay on this basis and been refused (Just to clarify, the courts have a right to stay any case but banks should not apply for a stay in cases of hardship.) 2) contacted your bank and asked to be considered on this basis and been refused 3) had been offered a settlement which has now been retracted Then if you would be willing to either pm me or post details here I am trying to help crfx collect data to send to the FSA. Here is a link to the proceedure the banks were supposed to adhere to http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf And also an extract from the website announcement. Consumers who have received a final response from the bank/building society which does not include an offer Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case. Consumers who are in very difficult financial circumstances - 'hardship cases' Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS. __________________ This is also a useful thread to read Success at A and L via hardship case route thanks Jan __________________ Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:-) http://www.consumeractiongroup.c o....cons/icon1.gifThe Stay - Here is the application grounds for the removal of the stay offer from A&L 24/8/07 - after case stayed
  3. This is a point that needs strengthening for anyone who is taking a case to court - or defending a case at court. The Judges in fairness cannot be all things to all people and be expected to have "knowledge" on every case matter. I would recommend anyone take along some form of skeleton argument or a list of short bullet points to help yourself along in the hearing. This will please any Judge as they will see you are researched and prepared to place your argument in a strategic manner etc.. Your points will include points you want to stress throughout the hearing and will give a focus to the areas you want to address primarily. This also helps if you suddenly get tummy knots or tongue tied - as you have a page with your best points within it. It helps the judge tremendously - allows them to learn too about your case - it also allows the Judge to see clearly where you are coming from and what you want to see happen to resolve issues - allows the judge to stop the otherside bullying and pushing the case/claim where you don't want it to go too - so really give you the advantage in keeping the hearing as you want it? I used a skeleton argument in two hearings recently - from my own experience it helped the Judges in both cases and they did thank ME for my patience and teaching them something new!! I came out of both hearings with exactly what I went in there to get (I have a thread in Cabot Forum and a stickey in there too). It worked like a charm really. We have to help ourselves with these cases and keep them simple - it works and pays dividends really. We have to remember the otherside will try so hard to overcomplicate issues to scare us off and confuse Judge - they know exactly what they are doing to confuse matters really. It's our job to turn it around, keep it simple and focus on our points - Judges love it cause it shows we are well prepared with good arguments. In my hubbies Cabot hearing the Judge laughed real belly chuckles at the simplicity of what we wanted. He'd been under the impression we wanted really difficult stuff because of the mountains of papers - he was so relieved - I'd advise anyone to try it really. All we do is take the onus off the Judge and show clearly and simply what we want.
  4. I know, I can imagine just how worried you've been. Imagine, being ignored (or worse) by a hippy! :o Happy fairy cakes!
  5. Hold the SAR until/IF the DCA's come back with a completely enforceable agreement. Then SAR the original creditor and reclaim ALL charges.
  6. Hi Hope, Just call me slick and stop giggling!! LoL I regretted using this name the first day I used this site but it was too late then. First thing is contact your branch to complain about Add'n Fees being added to the closed or dormant a/c. Tell them you dont remember opting for Add'ns and want the fees refunded. Tell them to stop adding Fees monthly. See where this gets you - you may have to take up complaint in writing but no harm in trying this now and others HAVE had some success with Add'ns Fees refunds. You need to start your bank claim now, regardless of fact that case will be stayed sometime. Get your state's together or send offSAR for them (by the time you get state's, OFT may be half decided anyway). There's little you can do about the int't but you CAN and SHOULD start to reclaim the fees now. Slick
  7. Thank you all very much for the support and good wishes, it is very difficult to fight "casper the friendly ghost" but I am going to do my best....... I have a few Gary Owen's up my selve........as DG have never thrown a straight ball into the lineout yet why should they start now!!!! my hearing is at 12pm as you know and is for 20 mins, now it does depend on the Barrister if they ask for a "time out" to confer with their client!!!! all things being equal would hope to be back home by 1.30 latest..... will then make a nice cup of tea and come and sit down here and give you a blow by blow account of my little outing......... I did however ahve my friend hand somehting into the court this lunchtime for the judge to have a wee read at int he morning. save him plooughing through 48 pages. gave a mini mini bundle of all the key issues... and a copy of a certain case and a copy of the oft waiver witht he relevant sections highlighted and a copy of the cases WE KNOW OF that have been settled in the past 2 months........and ofcourse a few news paper articles.......... I obviously coudl not submit a counter defence as they havent submitted one;) oh yes I have made a copy of what the judge got for DG, which I willgive them in the morning. mind oyu they dont need it as they have it all in the 48 page represetnation they got in JULY, which being well prepared they will ahve with them............ dont think there is much else I can do:D
  8. Have you printed off the documents in here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html and these, http://www.consumeractiongroup.co.uk/forum/helpful-external-links/44049-competition-commission-essential-report.html#post349757 http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html http://www.consumeraction.org.au/downloads/DL29.pdf BBC NEWS | Business | The Money Programme bank commission with all correspondence between you and the bank, excluding any marked without privilege. statements etc, this is the bare minimum. Read here for other advice. http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html. Hope this helps, cos I know how scary it is to do this. Good luck.
  9. I share ODC's thoughts that this isn't the last you've heard from these t****. My exsperience is that once someone shows and interest in a letter they send out they home in on that address and will not believe they haven't got the right person. Fender seems to have got one over on MackHall for the moment and if I were you I would write to them, by recorded delivery of course, and insist they confirm that the matter, as far as you are concerned is over. Tell them you require confimation of this within 7 days. Tell them that failure to do so will result in a complaint being made to the Financial Ombudsman and the Information Commissioner. If you don't hear from them as you ask and/or continue to be plagued by them on the phone post back on this forum.
  10. GuidoT

    Will i wait?

    The initial process is the same, viz: 1. S.A.R - (Subject Access Request) 2. Prelim Letter 3. LBA 4. Court Claim It is just different after 4. as claims generally get stayed. Have a refresh with these.
  11. The failure to provide a properly executed consumer credit agreement was considered in Wilson v First County Trust Ltd, [2003] UKHL 40 which it was held that an improperly executed agreement was unenforceable regardless of prior acknowledgment. I respectfully remind the Court that this is a decision of the House of Lords and is therefore binding on this court.
  12. Lowells are not noted for their discretion. However, you seem to have handled things well thus far. carry on as you suggest with TS, but if you get another telephone call I would suggest stating ( not asking) stating that you require them to put everything in writing and to make NO MORE telephone calls as is your right under the Communications Act 2003 to request. If they choose to phone you'll report them to TS and the Police. There is a letter in the Templates Library regarding Harassment if they continue which should stop them. If they do not accept they made a mistake better to get the procedures in place asap as they are not as I say, noted for their discretion. Hope that helps. also: tiglet "The reason i suggested that it's stated that the account is in dispute is because it would mean more OFT guidelines are breached if they continue to pursue the debt - "in dispute" doesn't necessarily mean you dispute the amount - in the case, the poster disputes the whole debt." thanks, I see where you were coming from now..
  13. This is my 1000th post !! ....... I need to get out more !! :o
  14. gvd, I have requested for someone clued up in Scottish law to take a look as it may be very different up there. Hopefully they won't be too long. Best wishes, Seq
  15. Well I've written a letter today (and the same one to Sainsbury's who are also being stubborn) telling them i'm continuing to make payments as a gesture of goodwill, that they continue to be in default, that I have reported them to TS and the Ombudsman (even though I've still to do that bit!), I'll probably have a few more letters from Mercers, but I will just CCA them if they send anything else and await another copy of my application form! I can be just as stubborn as they can, I'm sure as somebody mentioned above that Barclaycard think all their customers are stupid, well this one isn't! I'll keep this thread updated as when I receive any further correspondence from them. One good thing about this postal strike is that its keeping the letters away from the mat!
  16. If you cant afford the £100 then dont pay it, file an N1 and the DCA's wont touch you, pay back a token payment (£10) and tell them that this is all you can afford, they are not allowed to default you while the account is in dispute and your Particulars of Claim should request the removal of any default.
  17. Also if you are in a DMP the creditors should ALL be dealing with PayPlan. Under OFT debt collection guidance they cannot refuse to deal with an appointed 3rd party. If they are harrassing you they commit a criminal offence. Rather than offering F & F which will potentially mess up arrangements with other creditors I would strongly suggest complaining to them in writing then taking it up via trading standards / OFT. The problem is you are basically reacting to their bullying tactics rather than dealing with the situation as a whole ie whoever shouts the loudest at you is going to get the most money. I realise I'm not in your position so it's easy for me to say but I do speak to lots of people in your position and much worse. You are not obliged to use any lump sums ( from property sale or otherwise ) to pay unsecured debt. If you choose to then great but don't feel backed into a corner as you do have avenues to complain. Needless to say remortgaging to pay unsecured debt is never usually a good idea even if you are in a position to do so. Effectively you are securing unsecured debt against your home. National Debtline England & Wales | Debt Advice | Factsheet 03 Harassment
  18. It might be worth checking the agreement as some HP agreements have a clause which states that if you were to go bankrupt the item has to returned to the lender. As the agreement is in joint names you could check with the OR/Trustee to allow your partner to take over sole liability for the car and the payments.
  19. Hi Rory! Just thought I'd post here as there are some useful links in my sig that may help Ammani! .
  20. I think you should ask for a full breakdown of what you have paid so far. If you send an S.A.R - (Subject Access Request) with £10 for their processing fee, this should reveal what you need. Go through every item charged over the last 6 years, then do a spreadsheet listing all of your PPI payments. Keep us posted here for further help. There are some links below to help you. There is one for the SAR also. Uk
  21. Feistee you may find the following thread of interest http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80311-l-regret-unable-supply.html
  22. quote from debtmouse 's original "........He further advised to get a remortgage of an additional £90k and pay off all my debtors in full. At this point I gave up, they obviously do not live in the real world and have never been in debt...." How can you get a remortgage if you have sold your property?
  23. PMSL at that one - nuke em - my 'local' debt is reducing on a daily basis as the failures to produce CCAs for irresponsible lending, unlawful charges and interest melt into obscurity:D. I have a spreadsheet to prove it!
  24. If she was made bankrupt in 11/01, I'm sure you're right - the preceding payments would likely not have been made. It's October now, anyway. Limitations act gives a 5-year period in Scotland, I believe. Not sure about this one... Joint application, one party bankrupt... I'd think they have the right to pursue you for the debt, but not sure whether it's enforceable. Any Scots Law experts there? Rory? EDIT: Forgot to say: obviously you shouldn't acknowledge the letter until you know where you stand, and on NO ACCOUNT do you (or your Mum!) EVER EVER EVER SPEAK TO THEM ON THE PHONE!
  25. This is not as straightforward as it appears to be on the surface. Firstly, the tenant cannot end the tenancy during the fixed term, unless: 1. The tenancy agreement contains a "break clause", i.e. a provision expressly authorising the tenant to give notice ending the tenancy during that fixed term (the initial six months); or 2. By a surrender of the tenancy, with the landlord's agreement. Thus a fixed term tenancy can't be terminated by the tenants unless the agreement allows this or the landlord agrees. If the tenancy does not allow this and the landlord does not agree to a termination, the tenants remain bound by the agreement and liable for the rent. So although a notice was given, it was seemingly expressed to terminate the fixed term, as it took effect on the last day of the term. This would not be possible, since a fixed term can only expire (by effluction of time): it can't be terminated by notice (if there was no "break" clause in the tenancy agreement). Secondly, if the tenants wished to move out on the day the fixed term ended, the tenants are not required to give notice to the landlord. This is because the contract between the landlord and tenants ends when the fixed term ends. This is so even if the tenancy agreement contains a provision (called a "break clause") specifying that the tenant must give notice if he wants to leave. Such a clause only applies where the tenant leaves early, before the end of the fixed term. But if the tenants stay beyond the fixed term, a periodic tenancy begins. This happens automatically, by operation of law, without either the landlord or the tenant having to do anything. In this case, at least one tenant did stay on, and a periodic tenancy therefore did arise, and the original tenancy did survive. To end a periodic tenancy the tenant must give the landlord one period's notice, in writing, expiring on the last day of a period (i.e. expiring on the day before the rent is due). Thus if the tenancy is a monthly tenancy the tenant must give not less than one calendar month's notice. It is best to give the notice a few days early, because it will be invalid if less notice is given than is required. It would seem to be necessary, therefore, for the original poster to now give notice to the landlord to end the periodic tenancy which appears to have arisen, if he wants his rent deposit back. If there are no current rent arrears and the property is in good condition (with no dilapidations) then this should not create a problem (but it would be prudent for the original poster to check both points). Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
  26. Try something on the lines of: Dear District Judge xxxxxx Claim no xxxxx I note my claim has been listed for a hearing to decide whether to issue a stay on xx/xx/xxxx. I would like to respectfully point out that my claim is in respect of Charges applied to my mortgage account. My claim is not concerning the recovery of overdraft charges on a current bank account. This claim is therefore not effected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts. Mortgage charges differ to current account overdraft charges, insofar as there is a clear breach of contract. Under the terms of my mortgage I was required to make my payment by a specified date. In breach of this term I made my payments late and in consequence of this the Defendant applied charges to my account. There is thus no question of law regarding whether the charges are capable of amounting to a penalty, it is solely an issue of fact as to whether the level of charge is in fact a penalty. Furthermore as there is a clear breach of contract there is no question about whether or not the UTCCR applies as it has been held to apply to default provisions in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97 In the premises to relieve the court of the burden of hearing the issue of a stay in court, I respectfully request that my case is removed from the listed hearing and that it may proceed to allocation and listed for a full hearing. Yours sincerely Jotty. Best of luck Zoot
  27. The clerk is wrong. The affidavit can be sworn at the county court for free, if you go to a solicitor they charge you £5 plus £2 for the exhibit.
  28. A joint tenancy is ended by ANY ONE of the tenants giving notice. The tenancy has ended and a new one began, no question.
  29. Its a difficult situation, if tenant 3 is not letting the agents in to access the property to see if there is any deductions from deposit etc, then I can partially understand where they are coming from, however quite a number of months have now past and the issue with tenant 3 is an issue for the letting agents not tenants 1 and 2 that have left the property. The letting agents have been negligent in their duties here. What should have happened when it became apparent that tenant 3 hadnt moved is the letting agents should have taken action to remove them through the courts, as this hasnt occured I would suggest that a new AST has been created and therefore the agents should have asked the remaining tenant to top up the depsoit and return the rest to you. Any idea if tenant 3 is now paying x3 rent? or have new people moved in. As tenant 1 and 2 ended the tenancy correctly, they are entitled to their deposit back. Follow the standard procedure i.e. letter requiring the depsoit to be returned in 7 days, then a letter before action giving a further 7 days. Include the filled in N1 county court form in the letter before action. Rememeber to be a little flexiable with dates due to the postal strike etc.
  30. If they don't supply the info then you can't counterclaim, but then again you don't really have to. If they don't supply the info one of two things will happen 1. they will be given an extension to supply it, or 2. the case will be thrown out.
  31. powelll

    MNBA-advice please

    If you have had a judgement for claimant which you can't pay you can apply within 14 days for redetermination of the judgement ( if the original determination was made without a hearing ). This is a free application & can be done via letter or form N244 ( letter usually better as N244 with no fee sometimes confuses the court ). It basically asks the court to look at your circumstances again & reconsider the original judgement. As Rory32 says, if you can give us a bit more detail someone can advise further. I have pasted basic process on redetermination below just in case: Obviously send recorded delivery & keep a copy The letter should include the following: What order you want the court to make ( in your case, you are asking for a re-determination of the original payment ) Why you are asking for this ( e.g. you cannot afford what you have been asked to pay ) Whether you want a hearing ( I would usually recommend you ask for this as it gives you a chance to state your case in person – the case will automatically be transferred to your local county court ) The court reference number , details of all parties concerned ( eg the company who applied for the CCJ & the person requesting re-determination ) Signature of the applicant Attached evidence – information about circumstances, completed budget sheet
  32. Hi Tawnyowl. I am not able to personally offer you any help with this, but I see the urgency. I have posted a link to your thread on another forum, which usually has some very knowledgable people on there. I hope you get the help you need. I will come back and check on this thread tomorrow. Best wishes Standing xxx
  33. Ok, maybe we should just leave this now and concentrate on any issues Nas has?
  34. BELOW IS THE PROOF YOU NEED TO SUPPLY AT COURT.......REGARDLESS IF YOU HAD GOODS OR NOT........A COMPANY SHOULD HAVE THEIR PAPERWORK IN ORDER IF THEY HOLD A CREDIT LICENCE. YOU HAVE PROOF (VIA LETTER,NO DOUBT HEADED PAPER) STATING WILL NOT SEEK TO USE LITIGATION.........
  35. Do you have a copy of your employer's disciplinary policy and absence management policy i.e. what levels of absence trigger each level of disciplinary action? periods of hospitalisation should (in best practice) not be counted in absence discipline. We need to establish if they are following their own procedures and applying them fairly. Can you give more details?
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