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jg69

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  1. I have recently been taken to court which I was unaware of (as I do not live at the address that they sent it to and do not live in the country) in which now I will be issued a CCJ tomorrow over a residential service/ground rent outstanding charge which is around £1400 (or twelve payments- a years worth, hoowever living abroad I never received any notifications, or invoices let alone the fact that it has been passed on to a debt agent who filed a court order. They refused a year ago to alert me by email and said it was not there responsibility unless the landlord insisted in which I said I do and all correspondence must be from now by email A year later, the same issue has arised and I have now been charged another £1200 on top (court, solicitor, admin charges etc.) but even worse a CCJ will be with me this monday. The main issue I have is Is there a case of negiligant in the "duty of care" for residential property managers (not letting agents) - after all they make 20% of the service charges approx for the management Is the torts where I should be reviewing. Has anyone a bundle or letters or experience in this Tomorrow I have not option but to pay the whole lot to prevent a CCJ and then try to recoup the monies back by taking them to court, or trying to get it set aside until a later date, however if I get a CCJ this will be infinately worse for me. I do however owe a year £1400 or so payment but not the £3000 that I am having to pay now. I will most likely try to borrow for tomorrow but would like to take them back into court to recoup the other unfair charges due to not being alerted or sent monthly bills or even quarterly. SO I WOULD LIKE TO KNOW, CAN ANYONE ADVISE IF I HAVE A CASE Many thanks
  2. Hi guys Clever people to calculate. PPI was 720 Additional Charges - not sure what for - 250 Total loan 11,900 Credit agreement for PPI - in their view they laid it out nicely and I only paid £15 - which in my opinion is not true It is an front end loaded single premium policy - how do I work out the true cost though as the bank are not supplying me this. Usual stuff was told it was part of the loan - I had to take it out. They sent a city london barrister when amending my case to court to try and throw it out. The bank have now withdraw the document from their regular solicitors and decided to deal with it in-house with their legal department and have set out a four page defence, denying everything. Any help with the charges would be appreciated and the misrepresentations act - what angle laidens the burden of proof on the defendant and to force them to show me the true costs. The denial is simply unbelievable
  3. Many thanks for getting back to me Loan was 11200 PPI 720.00 Charge for credit 231 Apr 12.2 over 5 years Payment was 262 per month Total loan was 11920 Many thanks I obviously have paid a single premium policy back loaded. I am not sure how much was PPI, in 2001 the bank of interest rates were I believe 4%.?
  4. Last week I went to court over a missold PPI and the banks sent a heavy weight barrister to defend the bank. We have another date set for next month. However the issue comes to how I calculate the true cost of my ppi. I have 24 hours before I have to submit to court. PPI 720.16 Charges 231 loan 11,200 APR 12.2 single premium policy - loan was made to 11,900 the bank has not given me the true breakdown. I was paying back 262 per month for 5 years. Could anyone calculate the true costs. The bank gave me Repayment for the PPI of 15.70 per month however this does not calculate the true cost and the payment of the loan 246.00.
  5. Anyone who has been missold a PPI please write: Please be objective and not subjective Reasons, did you complain, outcome, was it explain, was it forced upon you, or was it optional, what charges has it amounted to, were they seperated from the loan etc. Please do not be emotional - even though the difficulties may have sometimes been difficult to endure. I want to know how many of you are out there with similar issues. regards
  6. Anyone who has been missold a PPI please write: Please be objective and not subjective Reasons, did you complain, outcome, was it explain, was it forced upon you, or was it optional, what charges has it amounted to, were they seperated from the loan etc. Please do not be emotional - even though the difficulties may have sometimes been difficult to endure. regards
  7. Dear friends I am sending another thread (Sorry moderators) as no one answered my last. I have a credit card that I took out on a promotional rate of 5.9% for the life of the balance - my balance approximately £7000 at that time. I have missed some payments by one month over the last 3 years, and suddenly in July realised that my interest rate had been moved to 15%. It was altered back in April. I tried to rectify this and Lloyds simply did not respond to my efforts. After 6 months again I wrote demanding for the interest rates to be corrected and the additional monies returned. To my surprise... I received a letter saying that they were not going to return the monies or promotional interest rate. The reason was because in their T&C's if you miss a payment then they will cancel this rate. I thought at least a notification would have been appropriate. What should I do - I feel that this is bitterly unfair.
  8. Dear friends I have a credit card that I took out on a promotional rate of 5.9% for the life of the balance - my balance approximately £7000 at that time. I have missed some payments by one month over the last 3 years, and suddenly in July realised that my interest rate had been moved to 15%. It was altered back in April. I tried to rectify this and Lloyds simply did not respond to my efforts. After 6 months again I wrote demanding for the interest rates to be corrected and the additional monies returned. To my surprise... I received a letter saying that they were not going to return the monies or promotional interest rate. The reason was because in their T&C's if you miss a payment then they will cancel this rate. I thought at least a notification would have been appropriate. What should I do - I feel that this is bitterly unfair.
  9. The misselling of the loan product- I was told I had to take out loan protection insurance with a loan. 5 years later when I was struggling making my last four payments due to being out of work (ex employer owed me £30,000 +) I called to ask about my loan and mentioned that I have a loan protection which was forced upon me. I asked if I could use this laon protection to help pay for the last 4 payments. Firstly they said I was over 65 years old so no I could not - I am 38. Secondly they said that the product was for health insurance and not lost of incomings. Thirdly they said that as my loan should have finished two months earlier then that insurance does not occur. So I asked if one has to take out a loan protection product with a loan - as in my case I was told that I could not take the loan without the protection. Then they said that I should have had the opportunity to take the loan with out the side product (which I wasn't) - that was by phone. I took this up with the manager who wrote that as they amalgamated the overdraft with the loan the bank was correct in selling this loan protection. (what amalagamating an existing overdraft with a loan has to do with selling a health insurance policy - I am not sure). I certainly should have been given the opportunity to take out the loan without the side product? I have settled the charges out of court - however was told by the solicitors of the defendents that I could not put in the loan protection as it is not a charge - and therefore I said temporarily OK (so to get my other money) however I would still go after the bank to return this money. I have a court case next week and am going to fill in the N244 to ask for the amendment to be made - stating that I have been missold a side product. What supporting evidence do I need if any. URGENT REQUESTS
  10. I was mis-sold a side product - cost £1000 and was told that I had to have it with the loan I took out. 5 years later I was informed that I should not have been obliged. The bank have written saying that as my overdraft was amalgamated into my loan they were correct in selling me this protection. (I think that is admittance) is it???:-? I have a court case next week and am amending my documents N244. What supporting evidence should I have (solely to support the misselling of this product). Please advise ASAP Anyone.
  11. I cannot advise although I had awful behaviour for the fine of £80 from DVLA, same sort of thing. Eventually I was blackmailed that if I did not give them the money then I would get the £1000 fine. I wrote to the CEO about this, I think that they recorded the telephone conversation but I got a three page grovelling letter to apologise. Sorry I cannot be of more help but maybe it is worth writing to the CEO and say you have been in touch with the Police.
  12. Hey guys Well I decided to settle out of court which is suppose to be next week, however today I was go a letter to say that my account is being closed The reason is that I continued my unwillingness to accept the bank's standard fees, it is with regret that I have to advise you tha we have made a commercial decision to withdraw banking facilities in relation to your current accounts. Clause 10 of our Banking Terms and Conditions and our obligations under the Business Banking Code require us to give you 30 days notice of account closure. Is this allowed.
  13. Business t and c from 2001 and present day Cheers
  14. I got a letter today that states By accepting this payment you agree not to make any other claims relating to charges for the period stipulated above. HSBC also reasonably, requires your confirmation that you will treat this payment as confidential Blah Blah Blah Then ends If you do not accpet our clients proposal before incurring further legal costs, we strongly suggest you obtain legal advice from a qualified practioner. If you do not, and our client is obliged to incur the cost of attending at Court, we reserve the right to adduce this letter, and any enclosed schedule, in evidence that the errors in your claim have been brought to your attention and it is unreasonable that the matter be brought to a hearing. If the Court accepts our representations, it is possible you may be ordered to pay our clients costs
  15. I need help. I did not realise that a sole trader had a different set of laws than a consumer. I have filed my case as a consumer. I have a court case in two weeks. I have asked for the around £4800. I was suppose to put directions in but failed to do so as the builders had the letters under there equipment and only found them recently. I am therefore 7 weeks late on that These comprise of bank charges £4 per day over my overdraft limit - often running in to 100-150 per month. The misselling of a side loan product with a loan. I was told 6 years ago that I had to take a loan product with a loan - cost 720 + 350 interest Today I got a letter say that they are not going to entertain etc and that they would offer me £2500, however I wrote back and said I would accept providing that they repay my last three months charges - over 500 pounds and the misselling of my loan - total £3700. I do not think that they will entertain this I have not been informed that you cannot use the UTTCR but UTCR and that the bank charges return (for last three months ) needs to be amendent. Do I request a N244 for that from the court and do I have to pay. Also does anyone no if the £4 per day is legal? for businesses. Also DG solicitors said if I take the £2500 I cannot claim any more of them however £1000 is for the loan and £500 for the last three months so what should I do. What is the statue of the courts at present. (A stay.. through it out as I have not applied to their directions) - although I called the court on wednesday and they said put them in as soon as possible and then I will need to tell the judge. The bank also have not put the directions in. Please can someone advise exactly the documents I need to put in my bundle, can they contract their initial offer: Please advise ASAP
  16. I kindly got information sent by Michael, thanks, however apart from not really understanding the limitation act, the charges (see below) says that I cannot claim for standard business fees for running the account/fee for a particular service. The charge in question is that every day I am over my limit I get charged £4.50 per day leaving around £200 per month. Is this classified as a standard business fee. I did not use my account over the last three months and have been charge nearly £600 for being £200 overdrawn. ? CHARGES YOU CAN CLAIM You can reclaim charges added to your account for a breach of contract, such a cheque referral, unpaid direct debits. You can't claim for standard business fees for running the account/fee for a particular service.
  17. Hiya Does anyone know what s.32 means? I have been thrown the limitation act only goes back 6 years. I read concealing charges therefore have lost the protect of the limitation act as it invokes s32 the limitation act falls away Any Reference to this please - or what s32 URGENT I've been told I cannot use UTTCRs for business account, what can I use instead?
  18. OH YES does any one have: The supply of Goods and Services Act 1982 Report of Kendall Freeman on Liquidated Damages (May 2005) Case on Alfred McAlpine capital projects Ltd v Tilebox Ltd Cheers
  19. I am just finalising my package to send: The Bundle I have included 1 - Statements 2- Case summary 3- disclosure list In this list I have got a) UTCCR - analysis of unfair terms in schedule 2 b) OFT - calculating fair default charges for cc c)BBC Radio Peter McMamara Interview transcript -sept d) The Unfair Terms in Consumer Contracts Regulations 1999 e) judgements - director general of fair trading v first national bank f) BBC New - the true cost of boucing a cheque g) PIMS - early day motion h) BBC News - The money program bank commission i) A sample of 608 settled cases I would like to add: and therefore has anyone got Wilson v Love Lordsvale Finance PLC v Bank of Zambia Bridge V Campbell discount Co Ltd (1962) I also have my bank charges and letters - however one says without prejudice which is basically saying that they will look into my case but not give total charges as they result in lots bits and pieces and therefore I have to break them down further. What it meant was while I was being charged £180 per month for charges in addition to interest (infact £4-5 was other things like clearing cheques) Can anyone advise or sent me a bundle of the following cases. Cheers Is there anything missing????
  20. Also in my court bundle do I need to add all the cases or just a summary and then bring along the actual cases
  21. I am in desperate need for HSBC Business T&Cs Please if anyone has some - around 2001 is perfect
  22. i was told that I had to take out a loan protection insurance with my loan and that I had no options, it came with the product. £720.00. Only after the 56th payment (4.5 years down the road) have I found out that apparently one is never obligaged to take a side product out. Then I was told that it was no for Loan protection (although it says loan protection) but for health insurance
  23. Yes but no luck, does the T&C's need to be attached within the court bundle
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