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  1. Im no expert but you could try http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html. Hope it helps
  2. I have spreadsheet ready and sent them a LBA just before the outcome of the High Court. I will draft a leter to them as per FAQ. Just want to be sure of the acts I can quote in a civil case. Can I use the Fraud Act 2006 Section 4 Fraud by abuse of position (1) A person is in breach of this section if he— (a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person, (b) dishonestly abuses that position, and © intends, by means of the abuse of that position— (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. (2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act. and or section 2 Fraud by false representation (1) A person is in breach of this section if he— (a) dishonestly makes a false representation, and (b) intends, by making the representation— (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. Is this only for criminal law, or could these go on an N1 as well as Acts in FAQ, any advice or comments welcome. Personaly I think these sum up the operation of these organisations. Thanks
  3. Have read the FAQ How do I reclaim my bank charges if they have been misrepresented. Been with the bank since 1993, have been charged £4K+ interest on that. I Have poked a stick at them several times over the years about the unfair charges and have statements back to opening the account and lots of letters. In one of the many letters from them they state quote "We apply these charges because when customers have insufficient funds in their account to cover a payment they have asked us to make, this meaning additional work for us. As a result, we feel it is reasonable to charge you for this service." Now I find out at the test case the banks came right out and admitted that they do make huge profits from charges. In fact they went further. They admitted to the Court that Over limit charges earn the banks about 30% of their current account revenue. Im livid, am I right in thinking that I have a good chance of being able to take action against them, after all they have lied to me about what they have been taking my money for? It also occurred to me if I was to obtain money under one pretence and used it for another would it not be deception or at very least deceitful? I am ready to take action and go to court if necessary I just would like to have some support and possibly some help with N1 if needed. Thanks
  4. No sorry just tried to get terms and conditions dont work:-(
  5. Thanks that was just what was needed. Any idears on the arguments for contractual intrest. thanks:)
  6. Has anyone got terms and conditions for cap one for around 2001 desperate Thanks
  7. Hi I started reclaiming bank charges back in Feb got statement and followed step by step guide sent all letters up to LBA. Then the problem is I was claiming CCI intrest and the presedence was lost. The last letter I sent was the LBA in July i have not had a reply and have just left it. The question is I dont want to let Halifax off the hook and would like to start fresh no CCI, do i go back to the first request letter or can I just send an updated LBA. Also i have not requested terms and conditions should I do that. Please help Thanks
  8. Good luck with the case let me know how it goes
  9. Recieved order from court reads as follows 1) Upon it appearing that the Defendant has refunded to the Claiment all sums claimed with the exception of the claim for contractual intrest, the hearing will be limited to that issue only 2) Each party shall deliver to every other party and to the court office their representations as to the claim for contractual intrest, together with copies of any legal authorities on which they intend to rely I have not accepted any payments to date and rang the court and was told to write letter for judge. I am most worried about is the legal authorities. I have the court bundle what extra do i need to prove my case for contractual intrest ? Also will i need terms and conditions ? Please help
  10. Southeast


    Thanks alex will check it out
  11. Southeast


    As I say i have returned all partial payments and intend to fill out AQ just wanted to see if i had any chance of winning.
  12. Southeast


    In same position aswell recived AQ and defence is paid in full charges + puchase intrest + 8%. I have returned all recived checks and want to continue but need to know the chances of sucsess. On benefit so wont pay AQ fee. Do I continue for CCI ?
  13. Thanks as time is running out i may go for charges and default removal and try the set aside on ccj after claim. Not quiet sure if default can be removed if ccj was obtained but willing to try.
  14. Due to take my claim to court friday. I am a little concerned as cap one got a ccj on the account for £560 inc costs. I have asked in prelim and LBA for default to be removed as part charges claim (£650 charges only) As i want to set aside a ccj as part of my claim what do i need to put on POC. I have done a fair bit of research and the way the ccj was obtained was odd as the first i knew of it was when ccj arrived. I never got default notice or summons. Please help Thanks vbmenu_register("postmenu_416335", true);
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