I am only posting here because I have watched with increasing frustration at these ridiculous posts and the negative implication that they are having on other 33, 423 users of this site. All I have to say is the following: 1. You have been a member for less than a month. Your first post was on the 7th of June. 2. In that first post, the very first reply you received was a welcome from a mod wishing you good luck. I'm sorry I have missed the aggression and swearing. 3. You have posted no advice or help to anyone else. Indeed your remaining 4 posts are all today, and all related to this one totally unfounded, random issue. 4. How can anyone with 7 posts and no contribution whatsoever to this site have formed such judgements and have quite so much to say on nothing? I would not normally post because I do not want to perpetuate the matter - but honestly I am incredulous!! 5. There is no number five.

All claims filed using the MoneyClaim Online facility will automatically be processed by the Northampton County Court - it's a bit like Her Majesty's Court Service Indian Call Centre in Mumbai or Bangalore. The papers will be processed, issuead, and administrated up until the deadline for submission of a defence. If the defendant submits a defence, then the papers will be farmed out to your nearest county court, who will continue the process beyond this stage..

re-read my thread... as well as the latter parts of the Keith Jeremiah thread... just to give you some re-assurance, copies of the defence, and possible startegies from here.

Welcome and welcome again.. good to see you have been readin - tis the best form of research on here!! And the Whizz case is a very good example to us all. Bear in mind the FAQs and the guidance notes, as well as getting used to the templates in the library and what they all mean - you will find a lot of other helpful threads both within the abbey forum and of course elsewhere. Good for getting the intitial batch of statements - try and get hold of the rest ASAP. Note, there is nothing to stop you embarking upon a claim based upon the first amoutn you calculate from the 1 year statements, whilst you await the remainder.. as long as you do not settle in full and final agreement should you be offered anything in response to the initial claim.. but read around a bit more and use the fantastic resources that are available to you. Keep your file ON the computer - not under the keyboard - copy all your letters and correspondance to a dedicated file on your computer - and of course keep copies of all paper corresppondance from the bank..

well that may well be the case - though I am unaware of any such legislation - regardless, contract/employment law is a totally separate entity and certainly not subject to banking or financial precedent or restriction I would surmise.

No I believe you can request any reasonable method of renumeration as long as it does not affect the core terms of your employment contract - i.e paid weekly, monthly, having said that - if it states in your contract of employment that you will be paid direct to your bank account (which is about as specific as I think any employment contract might be) then they may have reasonable grounds for insisting that they pay you solely by direct remittance to your account - whether that be by account transfer or crossed cheque posted to your account or other. But no. I do not think they can dictate the method of payment as long as it is not jepoardizing the security of the payment (i.e they could argue that they cannot process cash payments, and they could not issue a cheque other in favour of the named employee for example). Just my two pence.

refer to Mjanet's post re:searching "sever" on the forums... basically 5K is the threshold to keep the claim within the Small Claims Track.. the implication when the claim exceeds this is not grave - just that you will be liable for costs should you lose (unlikely) and even then they are likely to be in the region of £750 or so... Having said that, the wider implication is that a defendant (the bank) could ask for a judge/court to consider amalgamation of the claims relating to one account and thus consolidate the value of the claim thus reducing your claim significantly. Also mounting a defence on one claim is far more profitable and cost-effective for the bank than fielding two or three claims relating to the same defendant and increases the likelihood that they may mount a defence.. having said that there are ways that you can split, cap, or delay the claims so that they cannot be deemed as to be running concurrently...have a wee read..

Concur XO. The verifiction code is authentic. I suspect positive outcomes are in relative abundance but hidden beneath confidentiality clauses and 'skulk off I have my money' instinct...

Kris You must understand that my responsibility lies with the collective of users and not the minority for whom conducting a proactive, constructive, and non-incriminating telephone conversation is second nature. I weighted my response accordingly, as I felt the balance was shifting too much in favour of entering into verbal dialogue - bear in mind that not everyone reads entire threads or weighs up responses appropriately - but rather seize upon what they want to hear and stop reading!!8)

Liable to an extent - possibly if the monies were unrecoverable, but in the first instance it would be your co-director who was liable through the commission of an illegal act - namely fraud. I think you will find that the Bank would immediately refer the case to their Fraud Detection Team who in turn would likely involve the police without hesitation - they would be required to do this as an obligation to their underwriters - and most certainly your co-director would be arrested either for committing fraud or more likely "obtaining a pecuniary advantage by deception". The court process would then determine how monies were to be recovered, where the liability lay, and the process for compensation. Also

what all of them?!? Very generous. Bankfodder and Dave will be most pleased...;-) If your claim is over £5k then yes there is thought to be given as regards severing the claim to keep it under the limit and within the Small Claims Track - thus avoiding costs etc... but there is caution to be exercised with running claims relatingto the same account or dispute concurrently due to the potential for the bank or defendant to petition the court for amalgamation of the claims and consolidation... if you do a search under the word "sever" and have a wee read in relevant threads just so you get an idea of the implications.... In the meantime I shall inform the administrators of the site of your generous offer...

No you will be fine - 2500 limit and you are only using 1500 - what are you doing man!!! Be like me.. live on the edge - no I'm messing. welcome... read around, get cracking with obtaining your statements/DPA disclosure - any answers that you cannot find in the FAQs, guidance notes, or other threads then please do post - keep us informed of progress.. Good luck!

That was my initial gut feeling. But I have no Ebay experience. sounds like a right [problem]. Bid for the car. Bring along a mechanic mate. Get more money knocked off. Drive off with receipts of work done to prove condition. Carry out additional work that you desire (rather than at best request returning the vehicle to the vendor) - then have the cheek to claim for that work?!? You can't do that?!? - you don't buy a hot dog from a street vendor, eat some of it, go and buy a ciabatta bread from Waitrose to put the sausage in, return to the hot dog seller and demand that he pays for the ciabatta. (dunno where that analogy came from?!?) anyway legally speaking I cannot see that you are in any way liable - you have broken no law, nor are in breach of any relevant consumer legislation or sales of goods acts that I can think of. In fact I might be tempted to pop a letter back saying that you intend to defend any litigation in full, claim for your costs, and request that the court considers entering the claimant onto the Vexatious Litigants register. That'll put a new drive-shaft right where it belongs.

Well I hope someone who is more knowledgable than I on general consumer issues will be along soon to help... I am just going to get my otherhalf to come along and post to see if she can help - she is a bit of an Ebay whizz.. questions: 1. did you retain copies of the receipts you passed to the buyer (please say yes - or that you can obtain duplicates from the original vendor that carried out the repairs on your behalf). 2. what correspondance has the buyer had withyou prior to filing this claim with the court? I would not worry too much - I cannot in my lay experience, see this has legs at all. I just hope the buyer is not harrassing you and your partner unduly?

that's fine -post your LBA here before you send if you want feedback...

Right in short all is not lost. You are in the right place (though your thread isn't, so I am moving it to the A and L forum for now). Have a good read around. Especially the FAQs and guidance notes - as well as other threads pertinent to your situation and your banks. Your money. Your claim. Various steps to follow - such as DPA requests (I see you already have one from IF so you can get the ball rolling when you have read through the sections I have already mentioned). Start threads in the appropriate forums relating to your claims. I will get back to you with regards a comment about your IF DPA disclosure - as I am quite interested by the implication... Good luck for now.

cmon amanda - I make it explicitly clear in my post above as to how you word you LBA!!! "I will accept your offer as an interim payment ONLY and NOT in full or final settleement of the matter"...etc etc etc... It doesn't matter. If they don't pay the £38 now who cares - they will just end up paying it, along with the £152, and your court costs, and probably some interest thrown in for good measure.

Hold your horses!! There is another option. You say that you have access to statements far enough back that they show almost £1000 of charges? I would be inclined to immediately send the prelim letter (even if you have just sent another DPA type letter) quoting this amount, and stating that you are awaiting full DPA disclosure and expect that you will be ammending this amount prior to litigation as and when you receive the information. Remind them that they remain in breach of the DPA, and you intend to bring both their negligence and apathy to the attention of the court should it reach litigation. You absolutely reserve the right to ammend the particulars of your claim - and are not accepting any offer as full and final settlement of the dispute until you have had full disclosure. this way you get the ball rolling. they are not delaying you. In fact you are lighting a double rocket (space shuttle size) under their bottoms - and expediting the process. Be more confident. Not agressive. Just confident. You have every right to be.

send the LBA referencing their letter dated X June in which they make an offer of £38. State that as a matter of goodwill, you will accept this offer as an interim payment only. You will consider the matter resolved only upon receipt of £190 or, should your account be credited with the aforementioned £38, then £152. Should you not receive remittance advice of this amount 14 days from the date of this letter, you shall proceed with Court action to recover any outstanding balance, plus costs, plus interest as provided for under s.69 of the 1984 County Courts Act. I trust that they will now move promptly to resolve the matter!!!8-)

welcome. keep reading priority is to be able to calculate the amountof charges. If you have access to ALL your statements online then crack on - you can work out the dates and amount of charges applied sufficient to send a preliminary approach letter asking for repayment. The £10 actually covers disclosure request under the Data Protection Act 1998 - and requires an institution to disclose ALL information held on record about you - thus statements and records of extraordianary interventions on your account. Keep reading around. But to start the ball rolling you just need to be able to tell the bank how much you want back and why. They have access to your records so should be able to verify this for themselves. It is only later, really when/if you reach the court stage that one needs to consider sending a schedule or summary of those calculations to the bank and copying the same to the court. good luck - keep us posted of developments.

Well done xr537 you have just recorded the 10th most preposterous statement I have witnessed since being on the BAG (see my other posts for nos 1 - 9). And for reference purposes - if arranged in order of hilarity and value - it is number one. Scan it and PM me please. The George W Bush poster of grammatical malapropisms has exceeded its shelf-life. "broadband internet connection £14.99, copy of OFT report free, subscription to BAG free, postage for letters to bank £2 , money claim online £30. LloydsTSB credit card terms and conditions. Priceless"

Excellent news. Well done and thanks for the offer... click the donate button at the top of the page! also if you could fill out the survey with your result by clicking on the link below that would be great.. thanks and congrats! http://www.consumeractiongroup.co.uk/survey.php

absolutely. There is nothing wrong with it.. it is just my own personal preference.. I shall discuss with the other moderators about alterations to the generic template - but as I say this is just my own personal take - that is why it is a template!

I have cautioned people before about using this paragraph or tact - in that the OFT does not determine whether the Bank is a fit and proper person to hold a consumer credit licence - the FSA does. Further, the report issued by the OFT was NOT a direction to the bank. It was an indication of their opinion, and at best a recommendation to the Bank to consider their position. Only the FSA can issue "direction" in it's capacity as the industry regulator. It is also bordering on inflammatory to suggest that the Bank seek advice from their legal department. We are lay people remember - let's not aggravate the Bank, their employees, or their seven-figure salaried in-house legal teams (who are far more competent in matters of litigation than we will ever be) without good reason. The rest of the LBA is fine. Good even. It does what it says on the tin - and is your final approach letter prior to initiating legal action. Nothing more. Nothing less.;-)

I would re-emphasise my earlier post regarding severing claims and the potential for the Bank to apply to the Court for a consolidation order. If two claims relating to the same account are in the small claims track (whether separated by days or not) there still exists a possibility that the Defendant can move to consolidate. Just splitting the claims and assuming that filing a few days apart will prevent amalgamation once a defence had been filed and court allocated for the first claim would be wrong. Please exercise caution and think about the implications before severing the claim and running two concurrently within a condensed period of time. Any settlement on one claim should only be agreed obviously on the basis that there is no clause preventing purusance of additional claims or litigation relating to the same account or outstanding disputes.