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Everything posted by thesergeant

  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 d
  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 as
  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 reas
  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.
  14. NorthE, This is a matter of the application of unlawful charges. You need to read all the FAQs and relevant threads. You need to submit the template Data Protection Act Subject Access Request. Then you send them an initial letter of request for the return of the unlawful charges to start the process towards a County Court Claim. IMHO you need to get this done ASAP due to the ongoing OFT test case.
  15. Update - case was stayed after submission of my AQ. Now waiting for the HoL hearing result etc.
  16. Application, statement and evidence bundle served on the Court today.
  17. You need to get a full and complete Mortgage statement from them. If you do not understand any of the information stated in the statement ask for a full written explanation. If still in doubt seek assistance from Citizens Advice. Good luck.
  18. Yes you can begin a claim for all charges that are similar to the bank penalty charges. You need to follow the same process submit a SAR get all the information and then start sending in the letters requesting the unlawful charges are refunded. Good luck
  19. Look at the bank charges process and SAR. You require the same information to begin your claim process, mortgage account statements, manual intervention, account notes etc etc etc. Good luck
  20. Yes it is certainly worth a go. See my current post http://www.consumeractiongroup.co.uk/forum/mortgage-companies/80638-thesergeant-woolwich.html and similar - its a very similar process to bank charges.
  21. There are a number of places such issues are mentioned, such as canvassing etc. Get hold of this version http://www.fisa.co.uk/downloads/CCA%201974.pdf you can search it within the pdf for terms etc. Good luck
  22. All Mortgage penalty charges can be argued to be repayable. You need to send an initial letter of request, then an LBA. You need to serve them with a DPA request as well as per the bank charges procedure. When they decline your requests then start a claim. I am now at the Court stage with Woolsnitch have a look at my post http://www.consumeractiongroup.co.uk/forum/mortgage-companies/80638-thesergeant-woolwich.html, and look through similar ones.
  23. Martin3030, A very big thank you to you for your assistance and advice thus far .......... its good to have some one to point me the right direction - I haven't got this far before! I take all I need to do is send in my N244 with the fee and my statement and the legislation and copies of Mortgage statements and Woolsnitch letter, I am relying on. Also enclose another copy of my draft order for disclosure as per my Allocation Questionnaire. I take it I should leave all my alternatives in my statement ie - Section 20, if not then Section 32(1)(b) and © etc. I have an almost
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