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Empire Strikes Back

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Posts posted by Empire Strikes Back

  1. Right I am now going to file a NI at the courts as Citi have ignored my CCA request which is now long overdue. I want the default removed as they have not been able to supply me with a true copy of the original notice, they just sent a copy of a template that had none of my details entered on it. I have tried Trading Standards but they are not playing ball, just keep fobbing me off. I have given Citi one more chance but they are just ignoring me. Any one got a template of poc for the removal of the default as they havent been able to prove it ever having been sent, I cant remember every having one. They have admitted that they cant find the original agreement but as the account has been paid off it is just the removal of this default i want from them.Many thanks in advance

  2. I have had a few claims settled out of court, one as far back as June 2006, just wondering if there is any time limit after the case has been settled out of court in which to submit these orders. Would love to get some more money out of them for all the hassle of court bundles etc.

  3. My daughter has just received a statement from Nationwide advising her that they will be taking £60.00 Unpaid Direct Debit feesfrom her account 28 days after the date of the statement which is 17th March. Will she have to wait until they have actually taken this money from her account or is there a letter to write to stop them taking it. She hasnt got enough in her account to cover these charges so if it is taken out it will incur more charges,

  4. Lloyds closed my account after claiming back my charges, the reason they gave was that the banking relationship had broken down between us. I have complained to the finanacial ombudsman about the retalitory account closure but am still waiting on a reply from them. Good job I am not holding my breath!

  5. Have just been to the Court and collected the papers that Citi have filed. The Judge ordered that they serve a breakdown of default charges, copy of default notice and a copy of the original application form and credit agreement. Their papers consist of a list of the charges applied to my account and also a template copy of a default notice, nothing on this relates to me or my account, so how that proves they sent me one is beyond me! Also no copy of the application form or credit agreement. They had told me a few months ago that they could not locate these two items, so am not surprised they werent included. What do I do now, should I write to the judge pointing out the errors they have made or do I wait until the Court hearing in June to bring this to the Judges attention. Personally I think that writing to the Judge and bring his attention to the fact that Citi have not complied with his order and to suggest that they are in default of his order, dont want the Judge to feel I am telling him his job though as this guy wasnt the most friendly judge on earth! Advice on this matter greatly appreciated, can PM me if you wish

  6. I havent had any previous breakdown from them. This is what the order says

    1. The defendants shall by 4pm on 12 March 2007 file and serve a breakdown of all default charges applied to the Claimants account with copies of any default notices filed by the Defendants or their assignees and a copy of the original application form and credit agreement.

    2. The Parites shall by 4pm on 2 April 2007 file and serve witness statements referring to al the relevant correspondence and other documents

    3 The matter be listed for hearing on the first open date after 23 April 2007 with a time estimate of 2 hours.

    Wont say to much until after I have seen what they have sent. The Court said I could get a copy from them so I may do that shortly. Will let you know whats going on later.

  7. hi chrissy

    Looks llike a new type of fob off letter. I dont where they have dug the facts up re the Courts reaction to their costs and the subsequent dismissal of all the cases. I was in court on Monday with Citi Cards and the Judge has given them 14 days in which to reveal their true costs to me, I also know of another site memeber who was in court a couple of days before me and their Judge also ordered standard disclosure. I was gobsmacked at the letter they sent you, just goes to show the levels these guys will stoop to to try and put us off getting our money back. Of all the banks I have dealt with these are the lowest of them all and come out with so much b******t it makes you more determined to fight them. Dont give up, go get em!

    Yes you are right with your dates for sending the LBA.

    Cheers EMP

  8. Have just come back from Court with Egg, they have settled in full for the charges and are defending the Credit Card Repayment Insurance Claim. I had never authorised them to take this from my account and they have failed to send me a copy of my original agreement. The case has now been listed for the beginning of April and Egg and I have 28 days in which to file our witness statement and papers. Judge tried to warn me off claiming this as I had let it go on for 3 years before challenging it. I explained that I was running my own business at the time and never checked the online statements until I sold the business and started to organise my finances. as I was self employed at the time this insurance would not have covered me anyway. I now have to get another bundle and witness statement ready, any advice would be welcome, i am determined to boil this Egg dry!.

  9. Have had my court case with Citi this morning. Citis solicitor did offer me the difference between £12.00 and the amount they have charged, the Judge asked if I was willing to accept this, I told him that I would not accept the offer as I had not received a breakdown of Citis actual costs, the Judge then ordered Citi to disclose their costs to me within 14 days, they also have to send the missing papers which are my signed original agreement and copy of default notice which they have so far declined to send me, as they have said they are unable to locate my original agreement should be interesting to see what they come up with. Will keep you posted when I learn of their true costs!!

  10. Have just got back from Court with Egg. Last night I checked my Egg account on-line and would you believe it they had refunded the charges even though I had written to them refusing their offer as it did not include the amount I was claiming for the unatuhorised Credit Card Protection Insurance . Anyway, So the claim for the charges is settled but the claim for the Insurance goes on. The judge has given directions for papers and witness statements to be filed in 28 days and will give a date for the hearing in early April. I have to explain why I let this insurance be taken out for so long before I challenged it, it was because I was running my own business and did not look at the on-line statements until after I had sold the business ansd started to organise my finanaces but the Judge did not seem to like this explanation and tried to put me off carrying on with the claim. So Egg have settled the charges right at the last minute again. Anyone else claiming back the Repayment Insurance? any advise greatly received.

  11. Update on my continuing battle with Egg. The stay until Jan 31st has now expired and the court date is fixed for next Monday. My case is being listed with all other outstanding claims for refund of charges etc and the order states that the judge will decide in each case to make an order, give further directions or proceed there and then with a hearing, and it is probable the judge will deal with the cases in batches if there is more than one case against a particular bank, so dont know what how this is going to end up . I have had a letter from Eggs new Solicitors, Eversheds, offering me a sum to settle but I have told them that I wont be accepting their part offer or signing their Tomlin form. They have refused to refund any of the Card Repayment Protection , even though I had never asked for it.There is only a few days to go now so if they are going to settle they are going to have to act quick. Has anyone else had notice for this type of block court hearing .

  12. Our bank manager made us put our business overdraft into a loan and added business loan insurance to it that we didnt want. Can we try to get the money we have paid for this insurance back or is it classed differently from PPI. We have paid the loan off now but would love to get the insurance back if poss, it was added to the loan so must have accrued interest.

  13. Am trying to help my sister claim back her bank charges for her limited company, she has now received her cheque back with a letter saying that Ltd Cos are not covered by the DPA. As she has not got her statements anymore, long story involving ex-hubby, how can she get copies of these so she can get her charges back.

  14. Have gone down the proper channels with MBNA for a refund of charges totalling £1960, they wrote back and said they had paid £830.00 off my account balance, I wote back and accepted this as part payment and told them I would be continuing with my claim for the rest if I hadnt got it within 14 days. The timelimit is now up and was just wondering when I fill in the particulars of claim do I mention the original amount claimed and the figure that they have paid back and then state the remaining balance as the amount I am claiming or do I just put in the outstanding amount without mentioning the refund, obviously plus the interest to date.

  15. Thanks 121o121, what advise has been given to the others, cant seem to find anything on the site, my Accountant has said it would be worth a try. Am having trouble deciding whether to take the settlementthey have offered and then try a seperate court case for the loss side of things, which I have said I would do on the particulars of Claim for the charges claim, or to see if they would add a bit to their settlement offer. Any ideas anyone out there

  16. Just wondering if anyone has tried for consequential Losses. I had to sell my business because charges being taken out of the account meant no money to keep stock up to a good level, just thinking if these charges hadnt been taken out could have bought more or better class of stock thus making a profit, which in turn would have improved my bank balance which in turn would have meant less charges being taken and improved my chance of keeping the business running profitably. Have been offered a settlement figure for the charges I have claimed but dont know whether best to accept this and then make a seperate claim for the consequental loss or try and negotiate a sum to be paid extra along with the settlement offer. I have searched the forum but although people have mentioned the consequential side of things cant find anyone that has actually done something about it.

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