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khronus

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  1. This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  7. 3 hours before court....I really do need some advice should the judge want to put this on a different track, it must stay on small claims as my friend cannot afford it to go onto another track, what arguemenmts should I use? K
  8. Bump.....12 hours b4 court.....any1 able to offer some advice on argueing that this should b e on small claims track !? K
  9. Hi all, I have already posted this elsewhere but I thinkn that forum may not be read asmuch..I would not normally double post and apologise for doing so however time is running short, here goes: I would really appreciate some advise on a claim I am helping a friend through. It is against providian. As far as I am aware I have followed the correct proceedures for him ( preliminary letter then LBA etc ). Providian have not yet paid up and the court date is for tomorrow! However on the court letter it says it is a 'directional hearing'. Does this mean the court is questioning whether it should be on a small claims track or not? Has anyone else experienced this ? Should providian not pay up by tomorrow morning then my friend is likely to have to attend this hearing? It would be much appreciated if any of the more experienced folk here could advise on what grounds this should be small claims, any other reference cases etc...or even advise on whether this 'directional hearing' is what I think it is? Also, has anyone yet had to go into court to argue the case of charges ( I know almost 99% never get to court because if the banks fail they will set a precedant? ) but have any got to court and if so how were they won ? Many thanks all, I just need to ensure my friend is fully prepared ( as little late i know he only told me the date 2 days ago ! ) K
  10. I hate to bump a thread but time is really running out...anybody able to offer advice ? Thanks in advance K
  11. Hi all, Been awhile since I've been on here, I would really appreciate some advise on a claim I am helping a friend through. It is against providian. As far as I am aware I have followed the correct proceedures for him ( preliminary letter then LBA etc ). Providian have not yet paid up and the court date is for tomorrow! However on the court letter it says it is a 'directional hearing'. Does this mean the court is questioning whether it should be on a small claims track or not? Has anyone else experienced this ? Should providian not pay up by tomorrow morning then my friend is likely to have to attend this hearing? It would be much appreciated if any of the more experienced folk here could advise on what grounds this should be small claims, any other reference cases etc...or even advise on whether this 'directional hearing' is what I think it is? Also, has anyone yet had to go into court to argue the case of charges ( I know almost 99% never get to court because if the banks fail they will set a precedant? ) but have any got to court and if so how were they won ? Many thanks all, I just need to ensure my friend is fully prepared ( as little late i know he only told me the date 2 days ago ! ) K
  12. If you have any specific questinos shuttle please just ask ( or PM me )I will be happy to tell you things as I understand them.
  13. Hey folks, Well, since I last posted on this I had a hearing and had a charging order permantly put on his house. This means that he cant sell it or re-mortgage without paying us back. Unfortunatly ( or not so really ) a few weeks ago we got a letter from the courts saying the landlord was appealing this decision. We had not a single response from him in almost 2 years since the outset and now he finds he will actually lose some money he has decieded to fight it ( slimebag ! ),...and drag me back to court. This is in the next week this appeal hearing will take place and fortunately everything is still in our favour and it may allow us to get our money back a little quicker. I will let you know how things go after they have happened, i'm somewhat anxious and stressed by it but at the end of the day all I have to do is turn up, tell the truth and whatever else happens after that regardless of my thoughts is the judges decision, K
  14. Although I have now received my bank statements from Abbey I feel the courts failed me in my DPA claim. I took a DPA claim against abbey, we phoned and phoned the courts over a period of several months to find the status of the claim, each time being told it had gone upto the judge and there was no current news. Then all of a sudden we get a letter throughthe door telling us the hearing was 'that day', we of course could not attend with such short notice. We immediatly phoned the court and informed them that we had received the letter on the same day, we also wrote and informed them of this. Upon phoningg a few weeks ago we were told that due to our non attendance the claim had been struck out! We told the clerk the situation who informed us that if we wanted it reconsidered we must pay another £65! Yesterday we received a letter confirming that the claim had been struck out. At the end of the day we have the statements from abbey so we dont want to start the DPA claim again but I do want to know how I can complain about the courts actions? K
  15. Hey folks, after waiting AGES yesterday I finally received the bank statements from abbey. We claimed for the latest 14 months over 6 months ago and have been after the remaining statements since, unfortunately a few hundred pounds of charges are not within the 6 years anymore, could someone clarify the 'charges within 6 years rule' and whether it can be arguedthat abbbey have delayed us on purpose and hindered my ability to claim for everything owed ? Many thanks y'all K
  16. I have written a polite letter requesting payment in cheque form, I shall let you know how it goes. Many thanks for your time and efforts. K
  17. Hi all, and many thanks for the comments. My thoughts have been summed up fairly well by Meagain (above post ). Indeed money is owed to the bank but the funds the bank owe and not theirs by default, it is up to me ( or the people im helping do this for ) that should deciede where it goes. My theory anyway..whether it can bbe done in practice is what I sought clarification on, a letter requestiong this politly will be a start. At the very least I put forward the court fee for them ( my friends ) and I would want this paid back seperatly via cheque, so if they were to refuse then I would definately be requesting that. As for the credit rating and debt collectors, if the money is not paid via cheque and knocked off the account then there needs to be some written confirmation and account update. My understanding was that by this stage debt collectors have 'bought' the debt and it may be nothing to do with the bank anymore, hence why I was confised abouyt all this. Should they pay a cheque, is there anything else that should be requested of the bank. For instance amending credit records etc? If the money was never owedd in the first place and due to the unlawful charges my friends rating has been affected adversly is there a way to demand that amended ? Many thanks all. K
  18. The repayment is only a fraction of the debt, however the debt is now with other companies ( debt collectors ) and the account closed, so I was wondering how they could do this. Could I put pressure on them otherways? I mean if I demand a cheque and refuse their offer and push it to court then maybe they will back down and send a cheque. HOwever the court could always see that as me not accepting a lawful offer of repyament. A kind letter at least asking for a cheque could be a good start, Thoughts? K
  19. Hi all, I am currently helping a friend with a case aggainst Intelligent finance ( Halifax plc ) and i am fairly impressed with the speed in which we have had the full offer ( unlike previous attempts against abbbey or lloyds etc ). They have offerened to pay in full but said they will credit the account, the account has been closed for 4 years and it is now with various debt collectors. I want to know how we go about getting the money back as a cheque and also how to 100% ensure that they deduct this amount from the total so the debt colelctors are aware and that also that the amount is removed from the credit rating. K
  20. Have now seen that the letter was written on the 12th of october however we didn't receive it until today. We cannot attend as this is not our local court, we are hoping the hearing will go ahead in our favour, any advice? Or should we ask it to be moved to our local court and attend? If so I need advice on my arguement/case ( essentially DPA staying on small claims form not part 8 ) K
  21. And the saga continues....... unbelievably today in the post we got a leaflet saying there was a letter for us but that not enough postage was paid, we colelcted it and it was from the court !!! The letter said we have a hearing today (25th oct ) to deciede whether our claim goes on the part 8 claim or what track it will go on. I believe the part 8 claim requires £150 fee not the £30 fee. ANyway...wee had been phoning the court on successive occasions as it has literally been several months since we started this claim and all the time they told us it was with the judge for a hearing date. When we finally do get a letter it tells us the hearing is on the day of the letter and to make things even cheekier the courts had not even paid the full postage !! Any advice please, we will be phoning the courts in a few momnts... K
  22. In 'Other information' I think I put a brief detail of Lloyds delay attempts so the court are aware. However currantly I am just past the stage you are at, both myself and lloyds have fileld in the AQ but that was over a month ago and its the courts that seem to be delaying now! Its been hmm 4-8 weeks since we filledi nAQ and the courts tell us when we phone that its gone to the judge for a hearing time..expect a long wait but as for your form I dont believe you need to put anything in there. K
  23. Hi all, this post is just to try and get a current overview of the situation. I have two claims at the moment and one more to be lodged however the 2 in progress are well....not in progress. It seems that a claim against lloyds has been in the courts with no new information for months now. The banks solictiors have sent back the allocation questionaire but the courts are just telling me that its gone up to the judge for a hearing time...we have been told this by the courts for over a month now ! The same has happened with a breach of DPA claim against abbey. My earlier claims did not take nearly this long and I am at a stage where I really need back not just the obvious charges but more importantly the money I hadf to front to get these claims into court. Does anyone have information on what is causing these furthur delays, and if they are experiencing similar? K
  24. One other question...when I originally asked for my bank statements it was going back 6 years until April 2000! I want to still charge back until then even though it is over 6 years,..this is because my original request for information was legitimate if they had only provided it I could have claimed until then. What is anyones opinion on this? Alsoalthough I'm aware I do not add on interest at this stage ( or do I ? ) Is there a way of working out a reasonable level of interest on an estimated total based on 5 years worth of charges ?
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