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the_freedom_trail

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Everything posted by the_freedom_trail

  1. The Govan Law Centre already have a new template published - I think the CAG team has been delayed because they are trying to make a much more individual argument regarding CCA suitable for universal application. The demonstration of unfairness using the new proposed legislation can be very different. Don't underestimate the task of having to create a sound new template for everyone to use. TFT
  2. Hi tedney, a GOGW is a gesture of good will - it is usually waht banks use as a reason for paying out on things like bank charges without admiting liability. Regards, TFT
  3. Worry not my friend. One of the IT staff at uni got a ticket from T&C whilst parked at ASDA. I was talking to him about it one day and he said that he had appealed - I told him to ignore it - he got a few more letters but after that they disapeared. Keep on ignoring, these are not the worst PPC you can come up against so you should be fine! TFT
  4. I like your style BD. I attempted the phone call a long time ago but got nowhere - I did close my ISA though out of spite. Although, I now get 1.5% more interest with Barclays so that worked out ok. I will write and threaten them with the FOS (I would follow up if needs be ). Fortunately, all my other victories were before the Supreme Court Verdict. I will let you know how I get on TFT
  5. I am determined to get my £35 back from Halifax even if it costs me more to do so. Failing a County Court victory you will find me on their roof nicking lead for scrap lol TFT
  6. It comes down to the actions of a reasonable person. Lets say that you were one of the 0.01% that had a county court claim filed against them. Your defence to not responding would be that you believed the company was not legitimate (demonstrate this by highlighting unlawful business practice, dodgy paperwork, etc - wouldn't be hard), you had never willingly entered in to a contract with them, had no desire to have any contractual relationship with them and considered that involving yourself with them might cause you harm. There is a big difference from ignoring a British Gas bill (for example) and an a [problem] invoice from a PPC! They don't take people to court en masse - it simply isn't a viable business model for them - they occassionally take a case to court (usually those who contact or give them credit as a reputable company) to maintain the threat to every one else who pays without question. I have ignored an invoice from a PPC - they didn't even write to me . I have advised friends/family to do likewise. None of us have ended up in the County Court! TFT
  7. History has shown that you are more likely to get grief from a PPC if you respond to them. People have managed to get charges overturned on occassion; however, this is the exception and not the rule! Follow the advice of ignore - I have encountered these idiots before and ignoring them brought me no hastle apart from a few poorly written letters that have long since been trashed. Your biggest mistake is to treat them and their business as legitimate - they are [problematic] and have no legal basis to do what they do. You wouldn't talk to a drug dealer so don't talk to a PPC either! All the best, TFT
  8. My take on everything is that the Supreme Court verdict seems to have left the attack on banks looking a little fractured. When we had the OFT to get behind everyone with an interest had a single area in which to concentrate their energies. However, the situation has somewhat changed. It might be preferable for claimants in hardship to go the FOS route, whilst others with small claims might get a victory in the County Court by forcing banks to settle before a hearing on the commercial interest basis. The issue at hand is we need to co-ordinate this attack. I don't know what has happened with Ray Cox QC but I can understand it is difficult to get these things moving. In the mean time, I have drafted a letter which I will send to my bank. My claim is only £35 but would anyone like me to share it on the forum - I would be happy to do so? TFT
  9. At the end of the day, what an example that is being set. I am 24 years old and I for one can say that my peers are becoming more and more astute and using every angle they can to cheat the system and cheat their way out of their responsibilities. Their attitude is that if its good for the Goose - you know the rest. Our society is becoming one based on those who suceed are the ones that are the best cheats. For many of you, I'm probably not breaking new ground here and pointing out anything you didn't already know but where will it end? It seems to be that everyones attitude to paying bills and the like is that I am paying this money because I can't get out of not paying it. Not that I am paying this money because it is owed. That is the example that we are being set! TFT
  10. A debt recovery agency is powerless. You cannot apply for a County Court Judgement - you have to make a claim at the County Court. The case is then eventually heard by a County Court Judge who decides the case based on the evidence provided. You cannot go down to Tesco's and buy a CCJ like many PPC's/Debt Collector's would have you believe. The fact of the matter is that the case is extremely unlikely to ever go to court! What you are experiencing is the standard PPC charge collection process which ultimately dies after a BS letter from a debt collector or solicitor (in the loosest possible terms). They are closer to going away than you might think! This could be your last letter. If someone threatened to take me to court I would fight them all the way. Don't get worried about it - start standing up to them. I have and surprise surprise nothing ever came of it. Carry on ignoring them and this could well be your last letter. Forget court, it wont happen. Even if it did, the case they will have is so weak that it wouldn't stand up to a decent defence. Best Regards, TFT
  11. I'd be careful about who you speak to over the phone about banks - it could be a [problem]. Only yesterday I got a very tidy email asking me to reinstate my HSBC account. Yet, I haven't got an HSBC account! These scams to get your details are growing ever more common - be careful. TFT
  12. I've dealt with similar clowns. They hate people that stand up to them. All bullies do. Only in this country would such a regime be allowed to operate where private firms can hand out charges like this but thats the UK for you. My advice, ignore this trash - which is what it is. You will get a few garbage letters threatening to take you to court, involve debt collectors, etc. Its all is rediculous as the people that run these companies. Do your research and then pass on the wisdom to others that may be taken in by the [problem]. All the best, TFT
  13. Of course you can still make a claim; however, it is those now with the best legal knowledge that will be likely to win. It is not just a case of pinging off a couple of templates anymore. The judgement referred to one area of one specific piece of legislation. There are several other routes including S.5 of the UTCCR 1999. My advice to you at the moment is get over to Martin Lewis' website and see what they are saying. All the best, TFT
  14. Unfortunately TWOCERS tend to drive stolen cars like they stole them and this can take its toll on any car's engine. The cars damage could quite easily have been done all from when it was stolen. You have to watch insurers, they can be a bit sneaky and try it on. For general advice try the MIB (Motor Insurers Bureau) website. Don't forget, you can always take your insurers to court if they don't eventually cough up. Try not to let it impact on your christmas. TFT
  15. Hi Dan75, this isn't strictly my area at all; however, I will try and assist. Firstly, you may have a better response if you post in the motor vehicles section of CAG. Secondly, can you prove that the car was likely to have been in mechanically very good condition - things like regular service invoices would help. Also, one option could be to enlist your own independent vehicle inspector and then send the invoice to the insurers. Just some thoughts? TFT
  16. If only there were a charge to contest. I threw my last PPC invoice on to the floor of an ASDA car park; however, just in case I would advise you to keep your paperwork but forget about these half-breeds Regards, TFT
  17. Isn't it unlawful for banks to take benefits money for charges, or much like everything else do not they give a *^%$? I admire your positive attitude. There is every reason to fight. I must admit, I hardly fell over with suprise to hear the OFT's decision but in a way this is a major positive. It means that other legal arguments can be made and will ultimately come down to the decision of the CC Judge. Also, its all smoke and mirrors - I am sinical as to how the OFT with its massive resources and excellent legal professionals managed to essentially screw up their legal argument. When it comes down to it, the OFT is ultimately a governmental body, and it is also in the best interest of the government to protect the banks. I will carry on fighting, and I am glad to hear that you are. TFT
  18. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. BTW, I love this - a brilliant back handed dig at Halifax/HBOS and their total incompetence.
  19. Hold your horses. Now that the Supreme Court verdict is in, this letter wont cut any ice at all. Whether the charges reflect the true cost is neither here nor there anymore as the Supreme Court found that the charges were part of an overall package of remuneration for the banks in respect of the services that they provide. That said, with the help of a leading QC, the legal argument is being ammended. This should come out on this forum in the next couple of weeks (however, that is hearsay and not a definite date). Put your claim on hold and use the new templates when they come out. All of the big consumer campaigners are behind this move. TFT
  20. Another issue is what about the tiny claims such as £50 to £250? Providing consumers can establish a sound enough legal route in to County Court surely the banks wont defend on purely economic grounds or would they? TFT
  21. Absolutely agree, we may have suffered a heavy blow but I think the war is still to be won. I also believe that CAG, Govan LC and Martin Lewis wouldn't go to the bother of hiring a QC if they thought we were out for the count. I am very much looking forward to any developments in the coming campaign. TFT
  22. What an excellent time you have picked to enter the bank charges fight. Basically, the answer to your question is that nobody knows at the moment what the legal position is. We lost in the Supreme Court on a technicality relating to a very specific piece of law. However, all of the consumer bank charges campaigners seem to have joined forces and appointed a leading QC to continue our fight. I expect we will have to wait for about two weeks to fight out exactly which route to go down. It is possible you can get your charge back; however, how possible is yet to be seen. I share your centiments exactly - I am a recently graduated student and found that the banks were nothing but a pain in the (%^&. Sit tight and keep checking this site and Martin Lewis' site for any updates. Best Regards, TFT
  23. However, the op is incurring financial loss if her vehicle is having to be parked elsewhere at a cost to her. Depending on the amount of the loss, does she not have grounds to recover this loss from the person abusing her private property? TFT
  24. A very naive response - what will you do if you have a loan and lose your job/income - change your tune I dare say. With regards to your why should I be punished attitude - I don't know if you realise but you are already paying for the banks out of your taxes. You will also be paying considerably more tax in the future as a direct result. You're already being punished. Many people on here have fallen on bad times - I suggest you either provide some constructive advice to those who need it or say nothing at all! TFT
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