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adamc6671

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Everything posted by adamc6671

  1. Thanks ims. Sadly I tried to do exactly that, but it wouldn't allow me to highlight the required text! Thankfully maroondevo has sorted me out by pm'ing me a copy! Adam.
  2. Thanks again, ims. Do you happen to know how to copy and paste the SAR template letter? I have tried, but I'm not able to copy the text! Adam.
  3. Huge thanks ims. Just to clarify, there was no PPI attached to this loan, so the claim will be for late payment fees, and interest (presumably at 8%) thereon. I'll start work on the Subject Access Request shortly, and let you know how it goes! Does anyone know if this is likely to be settled before Court action starts, or are IF likely to push it all the way? Once again, many thanks Adam.
  4. Huge thanks for that, dx. The next big question is how does one go about the reclaim process? Is it the same as the process many of us went through for bank charges? The big problem is that Tish has not kept her statements from IF, so working out the exact ammount charged in Late Payment fees is nigh on impossible. Are IF obliged to provide copies of all the statements upon request? Finally how far is it possible to go back in time with the claim, as many of these charges were levied up to 8 years ago? Once again, any advice will be greatly appreciated, and many thanks.
  5. Hi All I've just seen a TV advert, that strongly implies that late payment fees charged to a loan account may be recoverable. Does anyone know if this is just 'pie in the sky', or if there really is a genuine way of recovering excessive late payment fees charged on loans. I ask this as my 'other half' has had a loan, originally for £8,000, from Intelligent Finance, taken out about 8 years ago, that she defaulted (made payments late) on many occasions, being charged £30 a time for this, and running up a total well in excess of £1,000 in late payment fees. IF eventually turned the account over to 'Blair, Oliver, and Scott' who are their debt recovery people, who, it has to be said, have behaved very well in managing the debt, and Tish is now close to paying off the whole debt. It would be very good to know, though, if there is any realistic way of recovering any or all of those late payment fees, and huge thanks, in advance, to anyone on The Consumer Forums who may be able to offer advice, whether positive or negative!
  6. Very much like the sound of that Bookie - is there a real way forward here? I think there may be. Worth some thought me thinks! Very best of luck with your case - greatly look forward to reading how it goes.
  7. A couple of questions, relevant to continuing our fight- Is there still likely to be revised / new Particulars of Claim published to help us with that, or have the Govan Law Centre 'et al' ceased working on that now? Will the statutory interest at 8% that has been accruing on our claims whilst stayed count towards taking claims above the Small Claims track limit? I'd love to think that there was still a realistic way forward to obtain reasonable recompense for the unfair way in which the banks have, undoubtedly, been treating us, but it's hard to see precisely where that way now lies. I believe that 'the Establishment' is working against us on this - having had to bail various banks out massively in the recent past, I don't think there was any way they were going to allow it to happen again over bank charges - we're talking billions of pounds! Can we come up with a 'rock-solid' unfairness case against which the banks would have little or no defence, and against which the Judiciary would find it virtually impossible to rule? I hope so!
  8. Bankfodder's very clear and concise write-up on where we are now, posted here - The Consumer Forums - The Bank Charges decision - where to now. seems to signal the end of a mass approach to bank charge reclaiming. I'd be very interested in what others think.
  9. Hi kbv1 You'll find quite a lot of useful info on the most recent few pages of this thread - http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-h-o-l-test-238.html and here - http://www.consumeractiongroup.co.uk/forum/general/238203-bank-charges-any-news-6.html
  10. Kaldeepk - have you asked them for evidence of how they have honoured the Banking Code of Practice, and the contract you have with them, in behaving as they have? Having said that, in my dealings with Abbey / Santander (on behalf of someone else) they have never shown any evidence of behaving sympathetically! I suspect also that they may be in breach of the Consumer Credit Act 1974 (as ammended) on more points than just failing to provide T&C's. I'm not a lawyer so can't say that for definate, but it may be well worth your while seeking formal legal advice on taking court action against them. It seems to me that you may have a good case, especially as you seem to be in genuine hardship having lost your job. I'd be very interested to read how this progresses, as what you are saying seems to be relevant to bank charge claims as well in many respects. Just out of interest, I assume they have applied charges to your credit card account for missed payments etc - have they at any time exceeded the £12 a time that is now accepted as the ceiling of a 'reasonable' charge?
  11. Having read through MSE's pages, it does indeed seem that their 'new' material is for genuine hardship cases, via the Ombudsman, be it new or stayed cases. There seems no way forward yet for those of us with claims on hold in Court. Having also read the Govan Law Centre's (GLC's) pages, who are working very hard on a way forward, it seems that it is a hugely complex legal process which is going to take time to sort out. I can understand, I think, why that is so - the OFT seem to want no further part in it, so we have lost their resources, the Banks have almost infinite legal resources at their disposal (at our cost!), and therefore any case that GLC (and others) come up with under UTCCR Section 5 and Consumer Credit Act 1974 (as ammended) or any other legislation, has to be so strong as to be able to stand up to the banks and their legal experts, otherwise the consumer (us!) stands to loose massively should we end up on the loosing side in any future test case. I'd be very interested to read what others think!
  12. Welcome kenny - hopefully I'll have some news worth reading before too long!
  13. Just read through MSE's pages - their new letters and templates are for genuine hardship cases, via F.O.S.. They expect new templates for those with cases stayed at Court 'by mid Feb', and they do say that this is far more complex, as we all know, and recommend the Ombudsman route and claim to have recommended this all along apart from at the very start! Looks like some while yet before those of us with claims stayed at Court have any real prospect of 'getting going again', though having said that it is, undoubtedly, a hugely complex legal minefield for the experts to sort out, and they have to get it right before recommending people to undertake it. The Goven Law Centre are I believe working extremely hard to sort out a way forward, if indeed one does exist - from what I've read so far they are very hopeful.
  14. Hi Kenny As Guido says, http://www.consumeractiongroup.co.uk/forum/lloyds-bank/85444-jimmyboy-lloydstsb-4.html and http://www.consumeractiongroup.co.uk/forum/abbey-bank/77268-tish-abbey-4.html
  15. Hi All Following the advice given on other threads, and taking into account my own worries, I've today requested a further stay of a max of 3 months on the grounds of obtaining further legal advice under UTCCR Section 5 and Consumer Credit Act Section 140A(1). I've also suggested that as a 'litigant in person' the Court may see it as prudent to allow me this extra time to obtain and consider this new advice, and to decide whether to ammend my POC's. I've sent the Govan letter to Lloyds, personalised to suit, and copied that to the Court with the stay extension request as proof of attempting to settle. With a bit of luck that will do the trick for now!
  16. Hi All Following the advice given on other threads, and taking into account my own worries, I've today requested a further stay of a max of 3 months on the grounds of obtaining further legal advice under UTCCR Section 5 and Consumer Credit Act Section 140A(1). I've also suggested that as a 'litigant in person' the Court may see it as prudent to allow me this extra time to obtain and consider this new advice, and to decide whether to ammend my POC's. I've sent the Govan letter to Abbey, personalised to suit, and copied that to the Court with the stay extension request as proof of attempting to settle. With a bit of luck that will do the trick for now!
  17. Hi All Following the advice above, and taking into account my own worries, I've today requested a further stay of a max of 3 months on the grounds of obtaining further legal advice under UTCCR Section 5 and Consumer Credit Act Section 140A(1). I've also suggested that as a 'litigant in person' the Court may see it as prudent to allow me this extra time to obtain and consider this new advice, and to decide whether to ammend my POC's. I've sent the Govan letter to Abbey and Lloyds, personalised to suit, and copied that to the Court with the stay extension requests as proof of attempting to settle. With a bit of luck that will do the trick!
  18. An interesting point rdm! I'll send the bank the Govan letter, linked here Govan Law Centre: Unfair bank charges: free help to amend existing complaint letters As regards my particular claim, I'm thinking of going down the route of applying to the Court to have the stay lifted, and asking for permission to ammend my Particulars of Claim. However, I have to admit that I have a few concerns about this course of action, especially in light of the fact that the Govern Law Centre et al seem to be having significant problems in compiling a revised 'particulars of claim' - they have been promised within 2 weeks for the best part of 6 weeks now and still haven't appeared! I'm concerned that if they don't appear within a very short time then the claim will be struck out, given that Ipswich county court have (unilaterally!) only given me till 10th Feb to apply to lift the stay. I'd feel far happier proceeding in this way if the new POC's were actually available. Does anyone happen to know if it is permissable to ask the Court to continue the stay beyond 10th Feb, pending the gathering and compilation of new evidence with specific reference to the UTCCR's and Consumer Credit Act 1974 which was not covered by 'The Test Case'? I am also concerned that if only a few people proceed in this way, especially if the new POC's don't appear, there is a very real chance of having to face Abbey / Santander's top notch leagal seagulls in Court, which I don't actually relish doing, and if we loose, being ordered to pay the bank's huge legal costs. Does anyone have any views on that?
  19. Thanks tedney. For the benefit of others this is the link to the relevant page of Govan Law Centre's site - Govan Law Centre: Unfair bank charges: free help to amend existing complaint letters There is no sign of any ammended POC's there yet though. As regards my particular claim, I'm thinking of going down the route of applying to the Court to have the stay lifted, and asking for permission to ammend my Particulars of Claim. However, I have to admit that I have a few concerns about this course of action, especially in light of the fact that the Govern Law Centre et al seem to be having significant problems in compiling a revised 'particulars of claim' - they have been promised within 2 weeks for the best part of 6 weeks now and still haven't appeared! I'm concerned that if they don't appear within a very short time then the claim will be struck out, given that Ipswich County Court have (unilaterally!) only given me till 10th Feb to apply to lift the stay. I'd feel far happier proceeding in this way if the new POC's were actually available. Does anyone happen to know if it is permissable to ask the Court to continue the stay beyond 10th Feb, pending the gathering and compilation of new evidence with specific reference to the UTCCR's and Consumer Credit Act 1974 which was not covered by 'The Test Case'? I am also concerned that if only a few people proceed in this way, especially if the new POC's don't appear, there is a very real chance of having to face Abbey / Santander's top notch leagal seagulls in Court, which I don't actually relish doing, and if we loose, being ordered to pay the bank's huge legal costs. Does anyone have any views on that?
  20. Thanks rdm - I was aware of that - it really only deals with getting the Court fee waived- but my problem is how to deal with - 3. The application must state: a. By reference to the decision of the Supreme Court the grounds upon which the application to remove the stay are based, and b. Whether, and if so, what attempts have been made to settle the claim; Does anyone know of a template letter that may help?
  21. Hi All I've just had this from Ipswich County Court, dated 22nd January 2010 - " Upon it appearing that this claim relates to bank charges, and it is or may be within the categories considered by the Supreme Court . . . . . . It is ordered that 1. The claim be further stayed generally; 2. Either party may apply to remove the stay on application to the Court. Such an application may be made by way of a letter (accompanied by the appropriate court fee) and copied to the opposing party; 3. The application must state: a. By reference to the decision of the Supreme Court the grounds upon which the application to remove the stay are based, and b. Whether, and if so, what attempts have been made to settle the claim; 4. If no such application to remove the stay is made by 10 February 2010, the claim shall be struck out without further order. This seems to me to be more or less the end of the road for this, and similar, claims!!!!! Has anyone else recieved similar from the Court dealing with their claim? I'd be VERY grateful if anyone has any advice on what to do now. Many thanks.
  22. I haven't heard from Abbey, but I have had this from the Court, dated 22 January 2010 - " Upon it appearing that this claim relates to bank charges, and it is or may be within the categories considered by the Supreme Court . . . . . . It is ordered that 1. The claim be further stayed generally; 2. Either party may apply to remove the stay on application to the Court. Such an application may be made by way of a letter (accompanied by the appropriate court fee) and copied to the opposing party; 3. The application must state: a. By reference to the decision of the Supreme Court the grounds upon which the application to remove the stay are based, and b. Whether, and if so, what attempts have been made to settle the claim; 4. If no such application to remove the stay is made by 10 February 2010, the claim shall be struck out without further order. This seems to me to be more or less the end of the road for this, and similar, claims!!!!! Has anyone else recieved similar from the Court dealing with their claim? I'd be VERY grateful if anyone has any advice on what to do now. Many thanks.
  23. I have heard from the Court, following the end of the test case, regarding a claim I have against Abbey for bank charges. The order from the Court, dated 23rd January 2010, is as follows - " Upon it appearing that this claim relates to bank charges, and it is or may be within the categories considered by the Supreme Court . . . . . . It is ordered that 1. The claim be further stayed generally; 2. Either party may apply to remove the stay on application to the Court. Such an application may be made by way of a letter (accompanied by the appropriate court fee) and copied to the opposing party; 3. The application must state: a. By reference to the decision of the Supreme Court the grounds upon which the application to remove the stay are based, and b. Whether, and if so, what attempts have been made to settle the claim; 4. If no such application to remove the stay is made by 10 February 2010, the claim shall be struck out without further order. This seems to me to be more or less the end of the road for this, and similar, claims!!!!! Has anyone else recieved similar from the Court dealing with their claim? I'd be VERY grateful if anyone has any advice on what to do now. Many thanks.
  24. As per advice recieved on my Abbey thread, and elsewhere, it seems that the best course action is to write to the Court and ask for the claim to continue to be stayed pending the outcome of any further action by the OFT, or any further test case, so that's what I'll do with this one. I'll post any response from the Court here, of course.
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