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hayesharry

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Everything posted by hayesharry

  1. he is cute. i wish i could propose my daughter 2 him. LOL I wish him all the luck and win the case. god bless him.
  2. thank u so much everybody. this site is great, it take bit of ur time 2 find things round. but u get there eventually having read an article on this site i have decided to write to Financial Ombudsman Service. someone on this site has managed 2 get £250 from the bank by choosing this route. god bless u all. and have a great great day. harry
  3. please help the above please please
  4. please somebody help. i need 2 file this in court on monday.
  5. Lloyds have paid my charges, without going to court. I have decided to claim 'wasted costs order' via informal request. if I fail through this route, can I then go and claim via formal application N244 ? I need a list of won cases on "wasted costs order". is there one or a link to this list. or is a matter of reading round and creating a list for my self. in the application letter for the above, case name, what is case name ?. I can only identify case no.
  6. can any one help me on the following 2 issues:- 1) list of settled cases for your bank taken from our litigation section (best entered into a spreadsheet) - just list the claim number and the bank and amount settled. a link to a list of won cases on wasted cost order would be very helpful. 2) in the application letter, case name, what is case name ?. i can only identify case no. harry
  7. my money from tsb in the bank today. Will be making a donation by friday. I would also like to thank everyone for there help and support (very much appreciated). but i want 2 carry on with the "west cost" dispossal. any help ??? on this
  8. hi all, I hope this is the correcct place .... a friend of mine's daughter died in hospital 3 years ago. her records r lost, as far as the hospital is concerned. this woman ( the mother) has and is tireless putting all the effort 2 prove that the doctors / nurses has by mistake given an over dose of medicine, that killed her. she is on retired and lives on pension, therefore she can not afford 2 pay for a solicitor. can any one help or point to a link where we could look at a medical test cases ? this will help her 2 present the case in court with more legal technicality ??? infect any help is so much appreciated.
  9. would it not be nice 2 have a separated thread 4 success stories related 2 wasted cost order ? it would be nice 2 hear views from some of the people. also can anyone inform me how many people were successful and those who failed 2 get "wasted cost order" from the banks. because i would like 2 claim it as well. harry
  10. can any one advice me. I am going to write a letter 2 Lloyds excepting the full and final offer with out there term and condition.. Using template from this forum. do I have 2 inform the court myself by writing a letter or sending the notice of issue latter ? I am then going to apply for 'wasted cost order" by Formal application on N244.
  11. thank u sir 4 ur help. god bless u. have a nice week ahead. harry
  12. i have forgot to add £10.00 to the total charges i have won from the bank, yesterday. The £10.00 cheque that i first sent to the bank, so that the bank can send me a list of all the charges and the statements, which they did. it is possible 2 claim this at this stage? can i write 2 the bank and ask them 2 include in my settlement ?. next question is i have only applied 8% interest to my final total, that lloyds have agreed 2 pay. But lloyds has charged me 29.8%. can i go and amend this 2 the court and ask lloyds to pay me that rate or take them 2 court? any help will be appreciated
  13. 3 people need help on the same issue. Please help. what 2 do next. i also want 2 claim wast cost ??
  14. i have received 2 letters, both dated 4th july from LLoyds solistor's on the same day, that is this saturday the 7th. here is what the letter says THE LETTER IS DATE 4TH JULY FROM THERE SOLICITORS. As you will be aware from our open letter, we act for Lloyds TSB Bank plc. This letter is marked 'without prejudice' and is 'confidential' which means it will not be produced in court, and is confidential between you , us and the bank. Therefore, you are required NOT to show this letter to anyone or reproduce it in any way that compromises the parties when entering settlement negotiations. You are already aware that the bank intends to defend these proceeding on the grounds that the legal basis for your claim is incorrect. 1. As a matter of law, weather or not a clause providing for a payment is a penalty only arises where there has been a breach of contract. 2. When you asked the bank to make payment from your account that would have caused you to exceed any overdraft you had previously agreed with it, you were requesting it to agree to a new or higher overdraft. Your request to the bank to make a payment was not a breach of contract; nor were you in breach of contract when the bank either agreed to make that payment, or declined to do so. 3. The bank was entitled to charge a fee fro, amongst other things, urgently considering your request and for telling you it had agreed to it;alternatively for telling you it had not been agreed to it and returning the payment through the clearing system. 4. you were aware of the existence and amount of the fees that the bank charged for these services, and they were properly due under the contract between you and the bank. 5. your claim for repayment of these fees is therefore misconceived. As you have read, the bank, together with other major banks, is presently discussing the legal basis for these charges with the office of fair trading. The bank considers it unhelpful to pre-empt the outcome of those discussions by requiring the court to adjudicate on a particular claim. especially because the legal and other costs involved can easily exceed the amount in issue regardless of who "wins" at the end of the day. This is as true for you as it is for the bank. Accordingly, the Bank is, without prejudice to the position set out above, willing to pay you the £87.80 you are claiming by the way of bank charges and interest of £0.33p plus court fees of £30.00 in the full and final settlement of your claim. This will be paid on the following basis:- 1. the above amounts(£118.13 in total) will be credited to your account 30-98-91 ********** by the bank. 2. The payment will be made solely as a goodwill gesture, without any admission as to any liability, and in full and final settlement of your claim. 3. you confirm that you have paid the above charges in full and that you have not already: a. made a previous successful claim against the bank for any of them. b. had any of them transferred into personal loan, credit card, or any other form of finance with the bank, which has then been written off; c. had them written off as a result of charges to your overdraft; d. had any of them refunded through discussion with any LTSB member of staff ( e.g. in the branch or telephone banking) 4. The terms of this agreement are confidential to the parties and their legal representatives. 5. You agree in future to maintain your accounts with the bank within your agreed limits and accordance with the terms that govern the account. 6. You are aware you can avoid these fees in future if you agree an increase in your overdraft with the bank before you try and make payments that wound take over any previously agreed limits. If you do not do so, you will again incur these charges. 7. You make contact with your local Lloyds TSB branch manager on 0845 3000 000 to arrange a review of your account. The bank wishes to avoid further situation , which give rise to disputes. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs. you should be aware that bank may withdraw benefits enjoyed with your account, such as using ATMs or debit cards when you are over any agreed limit. Please let us know whether you are prepared to settle the matter on these term. if so, the bank will arrange to credit the above amount to your ************* account. If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms , and return it to us as soon as possible. We must ask you to reply within 10 (ten) days from the date of this letter as the bank will need to file it's defence, if settlement terms cannot be agreed before then. yours faithfully the second letter says that the bank ding these proceedings on the following grounds: 1. the fees that you seek are properly incorporated into your contract with the bank: and 2. By making payments from your acount .....bha bha bha. Looking ahead, which gives rise toa dispute is not one the bank wishes to continue. In view of this you are requested , please , to make contact within the next 14 days with your local TSB branch manage. BHa bha bha. so do i except this and sign there form above, and i want to also claim the time wasting from the bank. please advice.
  15. I have received Notice of issue N205A form from court. the defendant has 11th July to reply. do I have 2 fill the request from judgement immediately and send it back 2 the court ? on the left I have 2 choose A or B so which one do I tick ? do I have 2 fill D judgment details ? any help will appreciated. regards harry
  16. thank u so much m8, god blees u and have a great week end. harry
  17. Please help, can any one let me know if my NI form is correctly filled.So that i can carry forword the process. harry
  18. dear all, please can any one of u check the details of my N1 claim. i will be fileing this claim on monday. any sugestions or alteration will be of great help. In the Uxbridge county court Bill Gates 999 West Avenue Hayes Middx UB3 2EY Lloyds TSB Bank PLC 25 Gresham St London EC2V 7HN Money claim for return of penalty charges applied to the Claimants bank account by the Defendant Charges £75.00 Interest under s.69 County Courts Act 1984 £12.80 Court Fee £30.00 TOTAL £ 117.80 Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £1.42p per day OR at such rate and for such periods as the court deems just. Human rights ......NO particulars of Claim attached PARTICULARS OF CLAIM 1. The Claimant has an account "99999" with the Defendant which was opened on or around 1982. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £117.80p and any interest charged thereon; b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 9/12/2003 to 30th April, 2007 of £12.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.048%. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982). I believe that the contents of these particulars of claim are true Signed: Date: Unpaid SO 11/09/2006 £35.00 o/draft excess fee 09/12/2003 £40.00 =======£75.00
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