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gbd last won the day on August 17 2006

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About gbd

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  1. gbd


    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
  2. Am I the only person who is quite pleased by this ruling? This now opens up a route to the court of appeal - a precedent setting court. And, as an appeal against an existing judgement, the bank can't just settle on the steps of the court without admitting it accepts the original court judgement was wrong. While I feel sorry for the claimant in this case (I would hate it if I were in his shoes); I feel the judge here has done us all a favour - we are a step closer to the "dreaded day of judgment and reckoning" With this judgement, if appealed, the end of banks getting away w
  3. Hi, I can't find the draft letter for sending to a DCA and/or asignee in relation to a letter received out of the blue. After an initial phone call I made to DCA (Buchanan Clark + Wells) it appears to relate to an old Barclays debt now assigned to Aktiv Kapital (if these guys can't spell how do they expect to operate a calculator?). I suspect the debt is statute barred - but first want to pursue the obtaining of statements etc - there will be a very large amount of penalty charges making up the £1K+ If it is what I think it is then the total penalty charges will be much higher than t
  4. Just to clarify - your defence is not a counter claim. If you want to do a counterclaim you do a counter claim AND a defence. You must do both as without a defence you could end up with another judgement by default.
  5. Be wary of paying a parking ticket for parking on private ground. There is no regulation of parking tickets as there is for wheel clampers. So when you say "private ground" you may have found yourself having been ticketed by a cowboy. These firms stick tickets on cars rather than wheel clamp them and then chase for payment. Lots of people will pay and they are quids in. Some people don't pay and they will threaten bailifs and legal action and increase the parking fine for every letter, phone call, or week that passes./ But they can't do anything without taking you to the County C
  6. CPR means the Civil Procedure Rules - the regulations which cover court cases. Click the link to read and search them online. There is no such section as 15.6 (2). 15.6 states that a copy of the defence must be served on all parties and is clearly not relevant to this case. What they are saying is that if you show Next that you were not at the address they will tell the court they accept that judgement should be set aside - but they don't want costs awarded against them. This is fair and will negate the need for a hearing to decide the issue. As for reserve (there should be a
  7. gbd

    American Express

    American Express are changing the way they charge interest - and are incorporating penalty charges into the interest rate IN ADDITION TO CHARGING PENALTY CHARGES! They will now review all accounts four times a year to decide which level of interest to charge. All accounts start at the "starting rate" Unless: If in the past 12 months you have made two late payments; or had one payment dishonoured - you will then be charged the starting rate PLUS four per cent (the middle rate). Or, if in the past 12 months you have missed one payment which remains unpaid for three conse
  8. You can get proof of posting free from any post office. I used to send lots of stuff by recorded delivery and special delivery. I always send the Notice of Intention by Special Delivery so I know the clock has started ticking. However, I now obtain a proof of posting for EVERYTHING that I send to ANYBODY. All I do is type on a top of a sheet of A4 the words: "The following X items were posted at XX Post Office, XX, XX, on Day and Date." Then I list the items being posted (numbered list showing name and address and amount of postage paid) followed by the words ENDS so that
  9. I have been thinking about whether the banks' actions constitute theft - and this thread (the early part) is interesting as I share many of the views expressed. Except for this bit - we don't have to find a smoking gun, the lawyers advice, etc. We know that the lawyers have advised the banks - we've all had letters from the banks lawyers. But we don't even need that. The reason we don't need that is because we do not need to do the investigation and prosecution for a criminal charge of theft. To recover our money in a civil action then yes, we are responsible for doing all the leg
  10. Gotcha! Is there any news on this?
  11. Sorry, I wasn't intending to contradict (or other) the advice on here. But reading through the various posts people are making it seems that the Banks are failing to comply - particularly with the reference to manual intervention. I was merely offering some thoughts on the process. I have gone three different ways with different institutions. With one I offered them the opportunity merely to list all charges together with dates; with most I asked for copy statements; and with two I asked for ALL information. The later produced some very interesting results showing operator screens, de
  12. It won't make a difference to free banking as charges are only recovering losses. Now, if it was a profit they were loosing then they might need to look at making up that profit elsewhere and look at free banking - but as it isn't a profit then there's no need for them to do this!
  13. That happens now. Everytime I make a payment into a LTSB Bank the cashier follows these steps: 1. She scans my paying in slip which has machine readable numbers at the bottom identifying the paper as a credit slip and identifying my account. 2. Then she scans the cheque - reading the machine readable cheque number, sort code and account number. 3. Then she types in the amount to be paid. She repeats steps 2 and 3 for every cheque being paid in during the transaction. Once complete the computer (I assume) confirms the total amount being paid in and she signs and stamps
  14. This is my advice - it contradicts the general advice on here, but reading threads it appears that banks' changing tactics could make this worthwhile. When you make your DPA request don't ask for copy statements or make any mention of charges. Ask for FULL DISCLOSURE of all information they hold about you and enclose your £10 payment. The 40 days under the DPA begins the day they receive it. If you ask for Copy Statements or charges and enclose the £10.00 it appears that some banks are returning the fee claiming that this is a free service. It's not a free service when they advert
  15. Nobody has a view on this one then?
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