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Everything posted by bex1408

  1. Hello I hope someone can help, i may just be having a bad day but i can't seem to find the how to and template letters for ppi reclaim? Also - i have contacted lloyds tsb to ask for a copy of the agreement that i wish to reclaim ppi. I took out a mortgage and was told that i had to have ppi which was added as a seperate loan. they have found the mortgage agreement but can't find the ppi one. do i put in an sar and see what comes from that? what happens in this situation? thanks in advance x
  2. THe SAR is to get the info about when we paid last yes? What is the CCA? If we write to them and the six years haven't passed - will this only leave him in a position of going bankrupt or negotiating to pay?
  3. Thank you both for your replies. The date on the demand is 10 December 2010. So am i right in thinking that the first thing we need to do is apply to egg to find out if the six years has passed? I'm looking at the demand and on it is says the credit agreement is dated sep 04 and was passed to creditor on oct 06. I'm thinking this might make it unlikely the six years will have passed? I'm not sure if / how long he paid it for?
  4. Hi I hope someone can offer some advice. My brother has a number of debts that he has not been paying for a number of years (more than 6 now). He has moved house during the time that he has not paid these debts and not informed them of this move. During this time there have been a number of letters to his old address (my address now as i bought the family home) that he has disregarded. He has now received a statutory demand letter from capquest on behalf of egg. What does this mean for him? As he does not live at the address the notice was served to? He has other debts aside from this but also has a relatively well paid job so we're not sure whether they would allow him to go bankrupt, or whether he would be best to make an offer to pay? Any advice and guidance would be appreciated - completely new territory.
  5. Hi Everyone Been a while since i've had chance to read these forums.. guess that's what being pregnant with twins does for your time lol. Just wondered if there was any news about when we can expect a decision or any progress?? What is the current situation with bank charge reclaims? Thanks bex x
  6. I've still got one of my claims on hold with the court and have had for ages now. Since the court has ruled that the charges are subject to the unfair contract rules - what happens next?? From what i read, there will be another hearing, but when? And what do we think is the likelihood of us getting our money back??
  7. Hi Everyone Someone just asked me if it is possible to reclaim bank charges that were paid by someone who has died? Could a family member claim them as part of their estate or something? Any advice appreciated.
  8. Thanks so much guys... will let her know. Surely it's looking good that the charges will at the very least be reduced now that TSB have dropped theirs? What do you think?
  9. Hi Guys I've not really heard anything about this since it went on, but a friend of mine who started their claim much after me is now at the point to file at court. The bank from what she's telling me are saying that their complaints are being registered so should she just wait it out now for the test case to reach a conclusion? If the complaint is registered does the 6 year thing not apply because she's already started the process? She doesn't want to pay to file at court if she can help it understandably. Thanks
  10. Hi Everyone This claim is only just started - i've sent my prelim approach and the deadline is now up for the LBA. I've received a letter from the bank though saying that they've asked the FSA to suspend the normal timetable and what will happen next will depend on the courts. They say that they've registered the complaint etc and will resolve it once the case with the OFT is concluded. It then says "if you're thinking of making a claim through the courts, please note that we will be asking the courts to postpone proceedings about bank charges until the conclusion of the banks' proceedings with the OFT". I know this letter is completely standard, but what should i do now? If i leave the claim on hold will i lose the 6 year limitation? i don't want to file at court if i don't have to obviously as it's going to cost £120 but what should i do now? i'm tempted to send the lba and see what comes back but any advice would be appreciated. Thanks
  11. I know i'm really late with this but i'm about to send the application for removal of Stay, i received the letter from the court only last week to say that it had been granted and i was away at the time. What is normal procedure once this letter has been submitted?
  12. Hi I called the courts and am told that they have been granted the stay and that the courts are writing to me to confirm this. I'm yet to receive this letter. I'm going to read through the advice that you both recommended later today and hopefully get my request sent off tomorrow. Thanks again
  13. Hiya I filed at tamworth and after acknowledging tsb made a full offer - just before the test case so this one was settled. Otherwise, i have a second claim with HSBC but that's at Birmingham - they've applied for a stay which has been granted so am just waiting for notification from the court and then will apply to have it removed. There is info on this in my other thread if you need help. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108681-bex1408-hsbc-2nd-claim.html Good luck
  14. Hi I've received a letter from DG today (text below) after they have received my court bundle. Court date is 22/08. Where do i stand now?? will i have to wait until the test case has been settled??? starting to wish i accepted their original offer . Any advice appreciated. Thanks guys We refer to the above matter. You have referred your complaint about bank charges for determination in court. We are confident that HSBC's charges are fair, transparent and lawful. Since you filed your claim in court HSBC (alone with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. We will be applying to the court for an order to stay your action until resolution of the bank's proceedings with the OFT. Given the court case our client has also asked the FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Our client asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We will keep you updated approriately about the proceedings with the OFT. You can also check the latest postition on our client's website at hsbc.co.uk. We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible. As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.
  15. That's a pretty picture there Right - all is now done and being sent today with a cover note apologising for the delay due to postal strike etc. Have enclosed another nudge letter to DG - hopefully they will come up with the money as court is now only 2 weeks away :o
  16. I know.... i'm probably driving you mad.... sorry Right - i've been rereading through the court bundle for dummies (probably a good description lol) and noticed that celicaman asked the question about t&c and was told to use the next ones after the first charge - so that's what i've done. First charge is early 04 and t&c are from aug 04. Do i need to add a later set too? have highlighted point 7.13. Next question is that GuidoT mentions some other files do i need to add these? if so should i pm him for a copy (the bold are the things that i haven't got). It includes the following: 1. Dunlop v New Garage case summary - gpt 2. Robin v Harman extract from Keating 3. Murray v Leisureplay transcript 4. Australian Unfair Fees report 5. BBC Money Programme Summary - is this the same as the comission conclusion? 6. House of Commons Early Day Motion - got 7. Peter McNamara Transcript 8. Unfair Terms in Consumer Contracts Act 1999 - got 9. Unfair Contract Terms Act 1977 - got 10. Office of Fair Trading Statement - got Thanks again
  17. Ok I think i've done as much as i can. Am just waiting for the Australian thing from Jowalshy and hopefully for one of you lovely people to confirm the t&c that i need to add and then i think i'm good to go. This is my contents - please let me know if i've anything wrong Statement of evidence OFT statement summary House of commons early day motion BBC Comission Conclusion Australian Default Charges Report ** DPA SAR for evidence of manual intervention (this is just the SAR from the template right?) Correspondence from Claimant Correspondence from Defendant (1 letter lol) Statements highlighting charges Schedule of charges Relevant Law Case Summary Dunlop v New Garage UTCCR 1999 UCTA 1977 SOGA 1982 HSBC T&C ** Litigation details (this is 3 pages from the link on court bundle for dummies. I haven't titled or anything - does this matter?) And i think that is everything? Thanks everyone
  18. Thanks, have done. Another if i can. I'm just about to download and print the t&c's. My account was opened in april 03. Which t&c do you think that i should print? 2002-09 ?.............. Extract. 3... 6.. dg photocopy.... 9....... 2002-09 HSBC T&C - part.pdf 2003-06 MCP18139 06/03. Changes. 10.. 10. scan of original 10...... 2003-06 HSBC T&C - changes.pdf Thanks again
  19. Couple of questions if i can. In the court bundle for dummies. i should add my schedule of charges - is this from the date i filed the n1 so that the interest etc matches what is on the claim form. Sorry if it's a silly question i just don't want to mess up The australian default charges report listed as supporting document for the statement of evidence is going to a domain renewals page. Any idea where i can get a copy of this or should i just omit it?
  20. Hi Thank you again for coming back to me Here are the direction DISTRICT JUDGE DAVIES has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing will take place at xxxx on Wed 22 Aug 07 at Birmingham County Court. This case is one of a number listed on the same date. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date If the claim is settled, the claimant must promptly give notice in writing to the court stating that the claim is discontinued Any part may rely as evidence on a statment of case (if verified by a statment of truth). Evidence of witnesses will be given in writing only, by way of sword affidavit or witness statement verified by statement of truth Any witness evidence of documents to be relied on by the claimant muyst be filed at court and served on the defendant not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served on the claimant not later than 7 days before the hearing. It will not be necessary for any party to file or exhibit a copy of the oft report "calculating fair default charges in credit card contracts" though it may be referred to in written evidence Each party must provide its documents and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and the names of the parties No cross examination of witnesses will be permitted, except with the permission of the court No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or card provider giving evidence of fact as to the manner in which charges are determined by it). The claimant must include in her bundle of documents a full list of charges disputed, specifying the date and amount of each and the reason given for it If any part relies on written submissions or a skeleton argument, it must be filed at court and served on the other party at least 2 days before the hearing. I've sent jowalshy a link to this thread and asked what she can send me as you recommended. I'll also start working my way through the court bundle for dummies thread now and see what i can get done. Thanks again and any advice is massively appreciated
  21. Hi Guys This is the second claim i have with HSBC (this one for my current account that i'm still using) and last week i received a court date of 22/08. I wrote to the court asking them to adjourn to give me more time to prepare as i only received the date on 26/07 and yesterday received a letter back from the courts asking for a £35 fee to refer to a judge for consideration. What should i do? should i pay it or should i prepare and send my court bundle to DG. I've sent them 4 nudge letters whilst waiting for this date and they've not replied to me once (the most recent was sent on 26/07). If i am to complete the court bundle - then this should have been submitted to the court and the defence yesterday but i think they would accept it if i were to get it there tomorrow due to only just receiving a reply. What do you guys think i should do? in light of the test case it's unlikely they will settle isn't it? Appreciate any words, thanks guys
  22. I can indeed - thanks Slick... you are a star
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