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fireprism

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About fireprism

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  1. I went to court and could not convince the judge i was right. The bank did not provide any evidence by the deadline date, then a piece of paper was put in front of me at the final hearing that i had never seen before, and had no answer to. The judge allowed the bank to use it as evidence, so it was the only piece of paper they used actually in court on 3 visits made by myself. I had supplied over 100 pages of supporting arguments that counted for nothing in the end. The judge didnt seem to care about the banks refusal to supply me with information regarding the terms and conditions i signed up to, saying i could have switched to another bank anyway. The bank changed the date on the system that my account was opened so no records could be accessed before 2001, my account was actually opened in 1991 and i had proof of that. The judge laughed and said that wasnt possible, but i had taken the name of the manager who gave me that information, and i had spoken to 3 different people who told me the false information. He also made reference to the governments meaningless headlines that they were going to tackle this subject, but they have spectacularly done nothing about it. Basically i was steamrollered and overruled on all counts, one by one. I am just waiting to hear if there is a ruling from a higher court so i can take my arguments back to court again, but i doubt it. The ruling i knew nothing about was regarding the CCA140 i was using as an argument. On one single occasion my account had gone into the black, and according to a judge in southampton this meant that the agreement had been settled, and a new one started the next time i went overdrawn. My claim, if successful, would have been reduced from £391 to £80 in one foul swoop.
  2. Deadline has passed for bank to submit defence for hearing on 10 june, i will be writing to judge tomorrow to have their defence thrown out on the grounds of non-complaiance with court directives. They tried every dirty trick in the book to have my case thrown out or moved up to the fast track and a higher court so i would be liable for their costs if they won. They did not turn up to the last directional hearing, and have submitted no paperwork to me so it was all just a bluff. They have no defence and they know it. We are back to where we were 4 years ago, submit claims under revised regulation 5 and new CCA 140 and they will back down if your case is solid like mine, and you refuse to be intimidated.
  3. i have received no information whatsoever, just an e-mail asking me to get in touch with admin, which i did twice. I will just have to do all the work myself without any outside help.
  4. i will post details of my claim after i have won/lost in june
  5. my own opinion will be tested in the small claims very shortly, June this year, so i will be in a better position to offer genuine comments after i either win or lose. I have 4 weeks to submit all paperwork to the court for my revised case, so any information before then would be appreciated. If i lose, then it weakens other cases, so help me win. thanks fireprism
  6. still havent received any communication so i dont know what information it contains, please have a look. also i e-mailed admin, can you confirm that they will be sending me some information as well. there has been nothing in my spam filter file either. The sooner i get my paperwork sorted the better as i only have 4 weeks to submit all letters to the court. I havent posted enough times to put my proper e-mail address in as a link. regards john.
  7. i still cannot find anything in my inbox or spam filter, are you sending it to the correct e-mail address?
  8. only the gov't could do that if they werent spineless. As it standy you have to argue your case on a personal basis so everybody has a different case at the moment. There is no one way forward, apart from not to give up.
  9. i cannot find this e-mail, amd i always check spam box before i delete it. please re-send. Thanks John Wharton
  10. the advantage of CCA140 is that it is up to the bank to prove the actual cost in court. If i can set up an independent company today to do it for 50p per transaction, shouldnt the banks own automated system be cheaper? I dont think i am being unrealistic but its up to them to prove i am wrong.
  11. yes, i submitted revised claim and judge agreed to hearing. Today i have been given a court date in june and i have to supply written evidence that i will use in court. Links to useful credible documents that will stand up in court would be useful if anyone has any.
  12. Yes, i managed to keep it in the small claims court despite bank trying to have it moved up the food chain. I now have a court date set in june and have to supply evidence i am going to use in court. I am still fine tuning my arguments, but i know basically what i am going to say, but dont want to ruin the suprise for the bank just yet. The more time i give them, the better their attack on me will be. I suppose they read these comments too. Thanks for offer of support in court, but useful comments and references/links to documents that will stand up in court would be more useful at this point.
  13. I had to write to the court to ask for the stay to be lifted, my case was only on hold, not cancelled. I had paid my £50 and wanted my day in court, even if i lost. Judge granted permission to lift stay and submit revised claim.
  14. You can ask an independent company to set up direct debits on your behalf and they only charge 50p per transaction, and thats with a 3rd party doing the work. The banks automated systems must be even cheaper than that, and if the bank state higher figures in a court of law that they cannot prove, as far as i see it, thats called perjury. Please correct me if i am wrong. Even a manual system with a typist at a desk has been worked out at no more than £2.00 per transaction, but it hasnt been like that for decades now.
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