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Stepper

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  1. Seahorse - I honestly do not think you are reading my messages fully - I said at that time there was not much talk of Ordinary Cause, so there was not a great deal of advice and people were doing very well via Summary / Small Claims and going BACK to court for the rest.... this is where the problem now is ... 2nd claims are being thrown out ... as far as shooting myself in the foot is concerned - it was NOT foreseen by anyone as being a future problem, and I am not the only one who lost toes in recent weeks! I am also not sure how my recent attempts are going to work out, lets wait and see. AGAIN, LET ME SAY THIS IS WHAT I AM DOING ... IT IS NOT ADVICE, ITS JUST ANOTHER CHAPTER.
  2. Okay, here it is again. My claims for the past 5 years was over the £1500 limit of the summary court, and small claims -Now, since I did not know anything about Ordinary cause (there was no talk of it that I noticed because everyone seemed to be doing very well by splitting their claims and going back via small/ summary court at that time) - ANYWAY I followed the summary route and I won the first part of my claim for £1500. When I was preparing for the 2nd claim - £850 - the courts by this time had stopped accepting 2nd claims on the same account. The only other route was now via the FOS. I thought this would take too long so I tried to see if I could finalise the whole thing via the NWNF. They may be sharks I agree - but losing £85 to them is better than gaining nothing, at this point, for me, it might be quicker to use them, its a personal choice, and since the firm is based in London, they will be going via an English court SO it might NOT get thrown out (or it might), as a 2nd claim - see what I mean? And by the way - the only reason that this current action of mine got onto this website is because someone emailed me personally asking me a few questions. You must each go down the road that suits you best, and I have concluded that, as an adult, this is what I will do.... oh, and - I see only half of my last submitted reply was posted, I did edit a fuller response but it does not appear to be on the page as yet??
  3. Seahorse, I only went back 5 years (don't think you can do any more unless you can get an English address and claim under English law, but I do NOT know for sure about that one), - what I done was claim for the years to the total of £1500 - and the remaining years I think 2005 - present = £850, I handed over to a web site lawyer.
  4. Seahorse - I am with the A&l, they settled the first claim in full. For the second I had to think twice since in between times the courts started throwing 2nd claims (on the SAME account) out. If I had taken the risk - gone to court and got thrown out, and then tried the FOS, they would have said that a 'legal decision' had been ruled and that would have been that. I just did not fancy a long drawn out performance going through all the required hoops for the FOS. It was a personal decision to use a web site lawyer, because I just want my cash back - or as much as I can get back (I am fully aware that they only fight cases they can win, otherwise I would not have bothered with them), and I will use what I get back as a safety net so that I NEVER again am open to charges. My needs are quite simple, relief from the worry of future charges.
  5. Hi Scooby - As far as I know you can only claim £1500 in a Scottish summary court (thats what I done) and claims can only go back 5 years here. Some people have broken the claims down and gone back to court a 2nd and 3rd etc times but the Scottish courts have now stopped accepting more than one on the same account claiming they should have done it all in one go. You can either claim the first £1500 and go on to a legal web site with on a 'no win - no fee' basis - which is what I done for the 2nd claim of £850. I have just sent in the paperwork so I do not know how it will go as yet but will post my progress. Whatever you do, search for more up-to-date advice as this web site is full of great ideas and support. Good luck - you will get that kind of dosh no problem - but as I said, try and do it in one go, the fee for using one of these sites is 10% of your winnings which was basically money you never expected to see ever again in the first place - I would do it. Aw ra best. Stepper
  6. Hi guys, Just one month on and A&L have settled in full - 22 March. Thought that was good going but they do say in the letter that since I do not accept the terms and conditions they want to discuss the future of my acccount - in other words - close it! I had the foresight to open another account before starting the action so they can get on with it. Next step is to go back to court for the rest of the dosh and live a debt free life... sounds good that last bit.
  7. Went to the court today to put in my papers and discovered (as I expected - had a sneeky feeling) they were the wrong ones for a Summary Action: Anybody who is claiming over £750 should try this link below. With this form you can fill it out online but you cannot save it, and here is the text that was sent to me by a Sheriffs Clerk (she told me some people were downloading the wrong information for the 'details of claim box 7' - she also said NOT to include your account number in this box) - this is valid for SCOTTISH COURTS: http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/summary_form_01_c.pdf STATE DETAILS OF CLAIM HERE OR ATTACH A STATEMENT OF CLAIM (To be completed by the pursuer. If space is insufficient, a separate sheet may be attached) The details of the claim are: 1. The Pursuer has an Account with the Defendant which was opened on or around DATE. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms and the contract between itself and the Pursuer. 3. A list of the charges applied is attached to the particulars of claim. 4. The Pursuer contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. As the Pursuer being entitled to reimbursement of the Defender charges, decree as craved should be granted with expenses. 6. The Defender operates from NAME AND ADDRESS OF YOUR LOCAL BANK and has been domiciled there for three months immediately preceding this action. The Pursuer entered into a consumer contract with the Defender. This court accordingly has jurisdiction. (Civil Judgement and Jurisdiction Act 1982, Section 41 and Schedule 8 Rule 3).
  8. Went to the court today to put in my papers and discovered (as I expected - had a sneeky feeling) they were the wrong ones for a Summary Action: Anybody who is claiming over £750 should try this link below. With this form you can fill it out online but you cannot save it, and here is the text that was sent to me by a Sheriffs Clerk (she told me some people were downloading the wrong information for the 'details of claim box 7' - she also said NOT to include your account number in this box) - this is valid for SCOTTISH COURTS: http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/summary_form_01_c.pdf STATE DETAILS OF CLAIM HERE OR ATTACH A STATEMENT OF CLAIM (To be completed by the pursuer. If space is insufficient, a separate sheet may be attached) The details of the claim are: 1. The Pursuer has an Account with the Defendant which was opened on or around DATE. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms and the contract between itself and the Pursuer. 3. A list of the charges applied is attached to the particulars of claim. 4. The Pursuer contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. As the Pursuer being entitled to reimbursement of the Defender charges, decree as craved should be granted with expenses. 6. The Defender operates from NAME AND ADDRESS OF YOUR LOCAL BANK and has been domiciled there for three months immediately preceding this action. The Pursuer entered into a consumer contract with the Defender. This court accordingly has jurisdiction. (Civil Judgement and Jurisdiction Act 1982, Section 41 and Schedule 8 Rule 3).
  9. Ah! I do not think you can go that far back - I might be wrong, but as far as I understand it you can go back 5 years in Scotland and 6 in England. It does seem a helluva lot of money - was that on an ordinary account?
  10. Thanks youngandfree - Thanks, that never occurred to me! I am just waiting for some information from Kilmarnock court and I am set to put it in tomorrow, so I will just go down the road I know. This however, is a brilliant idea for those who are just setting out.
  11. For 3500 you would make 2 x £1500 claims via summary court and one in small claims, so it is only 3 in total, BUT once you have that first win, I guess you will be feeling quite elated and wont mind doing it again - this time however, you will have some money to your name. I believe the thing you really must look out for is that if you win your first claim and they send you a cheque or letter - BEWARE of the wording, it might say that the money they pay is a FULL and FINAL claim. In this case you can either accessept or send the cheque back. If they plant it on your account then you must NOT spend it. I have seen other standard letters on this site that advises you what to do when they try this one. Having said all that, I have still to file the first claim - I am just awaiting advice and a letter from a very helpful court clerk that I spoke to today. Just one step at a time. I have only been using this site for a week and I have picked up so much information and you will to, just keep plodding on - after all, you have nothing to lose (its already gone) and everything to gain, even most of the claim is good cause up in till now the money was gone and well out of reach. I will stick on anything else I come across in the course of my journey. Good luck. Stepper.
  12. It's okay - I got your message at home and on the this page. I do not understand why I have to go to Leicester - its just not an option to travel to England? I was just going to do it in two stages via the Ayrshire (Scottish) court. They have branches in Ayrshire and therefore, as far as I know, come under Ayrshire courts jurisdiction. So I am gunning for them from my own back yard.
  13. Hi Katstel, This is how it is going so far for me (I am new as well). with my claim agains Alliance and Leceister. 1. I sent off first standard letter saying that I wished to claim back monies. Got standard brush off. 2. Sent off second letter with photocopies of all statements that I want to make the claim for (recorded delivery, it only cost about £2), with another standard letter saying I still wanted mony back and would be going to court - got longer standard brush off (and they replied within the week both times). Downloaded form 1 and 1B (you must use this format for over £750, form 1 and 1A for under). There is a niffty link that allows you to type your information on one page and it fills in the other pages! - I will look out the link for you). To be sure I was going to the correct court I phoned the court up. In my case (Ayrshire) I go to Kilmarnock Sheriff Court. They did advice that some people were downloading the wrong 'statement of claim' and would send me the correct wording (which I shall post when I get it). They also advised that I DO NOT put my bank account number or sort code on the 'statement of claim'. They advised that I photocopy 2 sets of the bank statements that I am claiming and bring them along. It will cost a £39 fee to get the ball rolling when you take the paperwork to court. This advice is regarding claims that are over £750. You can go up to £1500 (as I am doing) and it is the summary court. My claim is for more than £1500 but I will go back for the rest either via the small claims court or again through summary claims. They are still whacking on the charges as we speak and I am sure there will be enough for 2 battles! My bank is situated in England but I can claim in Scotland because they have branches here in Ayrshire (where I bank) and therefore come under the Ayrshire jurisdiction. ... All above is as acurate and as up-to-date as I can possibly make it for anyone following this thread. The following links were sent to me - I think this is where I got the lead for downloading summary forms 1 and 1b. Good luck - I will be updating as the week unfolds. Consumer Action Group FAQ's here consumeractiongroup Step by step Insructions A complete A-Z index here!
  14. Thank You ... just to finish off a small bit of paperwork and I am all set to strike by Thursday ... wish me luck.
  15. I am now angry enough to get ripped into the Alliance and Leicester but I do not want to show any ignorance and give the impression that I am a total amature. Therefore, I am looking for advice on wording my claim. It is a straightforward claim for unlawful bank charges, and I am in Scotland, so I need someone to tell me things like what I put in the section that asks about (representing) lawyers? I did download a page from the library but that one did not look like the form that I have downloaded? Help!
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