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thesergeant

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About thesergeant

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. I have a hearing in October to here my application to set aside Woolsnitch attempt to strike out for time limit on Mortgage penalty fees claim. The judge ordered me to disclose all my documents to Woolsnitch which I have done. However there was no reciprocal order. Can I use the CPR to require Woolsnitch disclose to me? Should I write to the Judge asking for a reciprocal requirement? Any advice welcome .......... Have this in the Mortgage section as well - but have received no replies.
  3. OK time for an update. Judge accepted my application and I am listed for a hearing on 9th October 2009. I note that I am required to lodge duplicates of my documents for service on Defendant. I have received nothing from them - can I require them to serve all documents they rely on to me?
  4. Another route to bring on some pain for them is a CPR demand for pre-action disclosure. This is a two staged process ending in an application to Court. See http://www.consumeractiongroup.co.uk/forum/legal-issues/197598-lloybles-no-cca-still.html
  5. The purpose of the DPA request is to obtain all account information in order to pursue your claim. It is not merely to obtain your account statements. You need to request all account notes, details of manual intervention, where charges occur full details as to how that charge reflects their actual cost etc etc. As they state in their letter it is their position that it is not a penalty but a reasonable charge for administering the breach of contract, ie late payment etc. Therefore there must be notes and details of what their employee did on your account information that they hold that demonstrates this ............ (I think not!). Of course they will not be able to produce this information, which is what you need. Do not get in to a long winded exchange with them at this stage - save that for the Court. Follow the process as per the Bank charges templates. Can they claim Court costs - unlikely. However some dubious mortgage companies have been known to write in their terms and conditions that you are liable for any Court costs invovled with claims against them ....... check for this. It would be very unlikely for such a term to be upheld in Court. The bit in their letter seems to be referring to their charges which could involve Court action ie eviction etc. Last bit - you should (must) give them a schedule of the charges you are claiming with each letter ie Initial, LBA etc. Do not show interest, unless you are going to claim Contractual interest - which I do not recommend. Interest only becomes applicable once you start your County Court Claim. If you think you have not followed the template you can simply start again with the initial including schedule then to LBA with schedule. But get the DPA in, you will be relying on the information you get and don't get when this gets to Court. Good luck ..............................
  6. No - my reply was not in order !! If you have not served a DPA request on them you need to do that first in order that you have all the information to calculate the disputed charges. Then you send an initial request and then your LBA then to Court action. Read all the FAQs as per a bank charges claim. Good luck
  7. You shouldn't ignore them as they may hit you with a statutory demand. I am assuming you have gone through the process of reclaiming bank charges and have got to the stage of a Court Claim which is stayed. You should write to the DCA stating that the debt is in dispute, which Woolsnitch is aware of being the defendant. As such they may not pursue the debt in any way. There is a template for this, look in the debt forum etc. Good luck
  8. I take it the overdraft etc is made up of charges applied to your account? Even if you have the statements you need to make a subject Access Request, as the information you are seeking includes manual intervention, charges calculated etc which is important as you progress your claim. You need to not only make an initial request for the charges to be repaid, but also state that the account is in dispute - this gives you the possibility of preventing debt collection action. Consider sending a Consumer Credit Act request - this can arguably apply to overdrafts etc - but again it assists you in stopping/delaying debt collection. If a DCA is assigned write to them stating that the account is in dispute. Also consider using CPR requests. Of course if they have all the documents this may cause you problems - but if this is caused by bank charges then you should be able to progress to a claim which may be stayed - you may then be able to delay any DCA until the OFT case is complete. Good luck ..............
  9. The mortgage companies will need to satisfy themselves that you are/were the account holder. If they have written to you at your current address then that helps. The deedpoll issue may or may not become relevant, as you can still use your previous name of course. You should be able to get a certified replacement. You need to include all details you do know, name, data of birth, address used etc, which will be sufficient for them to retrieve account information. The time limit for mortgages is different (arguably). Sect20 Limitation Act states 12 years. Sec 31 (a,b,c) gives reasons for the 6yr limit to be ignored/extended. Go for the maximum you can. Sect 5 is what they will try to apply (6yrs). Get reading relevant threads - see mine in the Mortgages section. Good luck ..............
  10. I would send them another initial letter, also stating that you consider this matter to be in dispute. Also include an updated list of disputed charges. Then continue on to your Letter Before Action etc as per the templates. You are unlikely to get a reasonable offer, so be prepared to begin a claim, which will be stayed unless the OFT test case is completed.
  11. Torrii, Read the FAQs section, read relevant threads. You need to apply the bank charges process to your circumstances. You need to make a Subject Access Request, Consumer Credit Act request. Once you have all the information you need you send an initial letter of request followed by Letters Before Action etc. It sounds daunting but it is not a difficult process once you understand it. DON OT LET THEM GET AWAY WITH IT what they have done is not lawful.
  12. Write to A&L, if this is nothing to do with you report it to them as a criminal take over of your account. Send all letters recorded. You could also consider a Subject Access Request on your account. AND/OR a Consumer Credit Act request. Register a complaint with Experian. Don't give up on this ................
  13. Depends on where you had got to with your claim. I assume it was pre Court Action. I would send them a new initial letter followed by LBA's with a new schedule.
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