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About gymguy

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  1. I have two cases sitting with Birmingham County Court against Bank of Scotland. After reading up on this site (as I did all along whilst starting my claims) the advice to apply for the stay to be removed was carefully followed. I have recently recieved correspondence from the Court advising me that: The application to remove the stay should be made in accordance with CPR Part 23 using form N244. Any application for permission to amend the Particulars of Claim should be made at the same time. in the light of the decision of the Supreme Court in The Office of Fair Trading (re
  2. Morning, Can anyone help clarify for me or explain what I do next as the order is somewhat vague and I'm a little confused. I have had both of my bank charge claims against my bank stayed by my local county court (who hasn't eh?) Therefore I decided to fight two defaults that are a direct result of excessive bank charges on my overdraft/account. I no longer bank with this bank. The bank cannot produce the default notices or a copy of my original signed agreement. I issued a claim against the bank under the Data Protection Act for immediate removal of the default. Namel
  3. I too have been kept waiting by the FOS (what am I saying I am still waiting) Why do we sit here patiently fuming? Why does it take so long for a response and closure on an open case? and why do they seem so biased towards the organisations they are there to protect consumers from? Might have something to do with the way they are funded? They are also giving very bad customer service and are supposedly a shinning example to the rogues in the financial services sector on how to treat consumers fairly, expedite complaints promptly and without bias. FOS sucks. Maybe a
  4. I think but I'm not 100% sure that.... When HBOS eventually get brought out by Lloyds all legal actions and claims will continue. By being sold - Lloyds inherit the claims and actions and as such face corporate responsibility for the mountain of bank charge claims that HBOS have already avoided. As a damage limitation exercise the amount of interest that all these stayed claims are clocking up must have been considered and written off as cost effective?
  5. Birmingham County Court are hearing all cases so my two claim of bank charges are being heard (November) and my data protection/CCA removal of defaults case also being heard! HBOS are going to be very busy defending. Wish me luck. G
  6. I have two cases against BofS one has been allocated to the small claims track and is to be heard in November (Good) The other is over the £5k threshold and although the BofS applied for a stay pending OFT decision I objected and won and I also asked that this case be taken through the small claims court despite the amount as it is the same as my other claim against them - just for more money on the reclaim of bank charges. I have today received a notice that the judge wants a 30 min allocation hearing and I need some help and advice. I have filled in allocation questionaires for bot
  7. Good luck with it hope you get the cash mate. I've had to resort to taking them to court under the data protection act and cca for issuing a default against me unlawfully. They can't provide any copy documentation so I think I'm in with a good chance. Haven't received the date of the hearing as yet but they have been issued with my court papers - so in true HBOS style they are bound to defend and write to me within the next two weeks. Strange how they always respond to legal action and never to general correspondence. Also be careful with HBOS especially if you have any oth
  8. Lowell, Will always issue a default against you and that is hard to get removed as I am finding out. You best bet would be to write to them as outlined by ODC, NEVER talk to them or call them directly deal with them only in writing. They have purchased the debt as T-Mobile have sold it off and claimed the debt against tax relief. Lowell have a whole library of threatening letters, ignore them all, write to them as outlined and offer what you can afford to pay and stick to your weekly/monthly amount don't let them force you into paying more if you can't afford it. if it tak
  9. Becareful what you send them as attached to the questionaire of outgoings is a Data Ptotection release form which in signing you authorise them to share any data you give them with other organisations. They will make sure that your 'debts' are broadcast internally across the finance system to other third party organisations. Making yourself a hardship case now in their eyes might have implications further along the road. Good luck
  10. How much proof are you having to give them to substantiate your hardship case? I suppose if you are still banking with them they can readily see your income and outgoings. I did think about trying to get creative and tell them that my circumstances have changed and my partner has left and my income has reduced, would I have to substantiate? (It's not the case) I don't bank with HBOS anymore so they don't have ready access to my finanaces. I also save substantial amounts each month and I guess they could see this. Good luck with your claim mate - let you know how I get on in cou
  11. daviet1976, Forget Financial Ombudmans Service (FOS) takes way too long, they currently have a backlog of complaints going back nearly a year. The courts system is the only remedy. My claim against HBOS is for £9,500 and so far they have ignored and refused to budge on every aspect including SAR (They sent statements but that's it) and also a CPA they only responded when I issued proceedings and only then to issue a blanket stay pending the OFT (another long wait) the powers that be in HBOS must be laughing themselves silly at Bureaucracy which is unable to cope. Not so much red tape
  12. Ever felt that the powers that be are biased against you? I have written extensively to the Information Commissioners Office and the FOS. Today I called to find out where my complaint is in the waiting list to be dealt with. (I orginially wrote to both organisations in July) I was informed today that they currently are experiencing a major backlog of complaints and mine is in a long queue for a case adjudicator to begin reviewing. I am told I could experience a delay of up to a year before they will get to my case! A YEAR - this cannot be right can it? It looks now as if the c
  13. Hey Caro, Treid that letter you suggested with experian a couple of months ago. I got back the usual drivel, that they have reassured by their client etc etc....in other words go away... Decided not to wait for the OFT to sort out the bank charges issue and I issued court proceeding today against the bank for failure to supply default notice and that the default notice is unlawful. Worth the £75 to file. I await to see what happens next! I'm following the advice and links already put on here by Car2403, I'll keep you posted. My claim for fees still stands and I wa
  14. Every cloud has a silver lining! Maybe we will get lucky on this forum and a couple of aggreived Ex-bank employees will join the forum and give us an insight into legal loop holes and processes that will make all our claims that much more successful. Sad when anyone loses their financial security, but you know what they say about Karma?
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