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martinkeatings1

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About martinkeatings1

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  1. Well its been a very very interesting time with them. Something jogged my memory of the case the other day and I had forgotten about this thread. Long story short. I went to court and the representative of clydesdale was all prepared to fight for it to be set aside but I got there first and just asked the sheriff to do it. Was kinda funny to see the look on the persons face. But while I was at the court the plot thickened, one of the solicitors that approached me did so not realising we had met before. Approximately 6 weeks before I had asked for a legal opinion from someone in a par
  2. Hi crazy diamond. I actively encouraged the judged to recall the decree so we can both argue the case in court. This is not about monetary gain its about the principle that an organisation can not be allowed to blatantly diregard the rule of law. It has to stop and I want my day in court to argue it. One thing is that the decree cannot be recalled more than once so tactically by agreeing to it, if I win in court then they cannot apply for a recall.
  3. Just a quick update. Stunned them by not contesting the recall of decree. Instead we go to court. Sheriff has set an evidenciary hearing on 30th of march with the case being called on 14th of April. Here we go.
  4. I am up in court with clydesdale soon. I am taking them to task for failing to comply with section 7 of the DPA 1998. Anyway I have a daft but important question. If a person joins the bank at age 16 and the bank upgrades the account automatically at age 18 to an adult account allowing it to go overdrawn without having a meeting of the minds and subsequently the signing of a new credit agreement then is the account ligitimate. My understanding is that an account that allows you to go overdrawn is a credit facility and that someone under the age of 18 would not be able to sign up for
  5. A petition has been put together on the government e-petition site to have the government enforce and impose fines on banks / organisations who fail to meet their requirements under the data protection act. We are trying to get as many people as possible to sign the petition and spread word of the petition through social media. http://epetitions.direct.gov.uk/petitions/22295
  6. You can get this recalled so far as not implemented no problem what so ever. The sheriff would then recall it and remove the registration against you setting a date for the hearing to commence again. You can ask for it to be recalled if you can prove you did not recieve the summons and in this case the track and trace is saying that its still to be delivered. Put in a "minute for recall of decree" - the forms are at http://www.scotcourts.gov.uk You will need to list the reason you are seeking recall (non reciept) and also your proposed defence to the original summons and turn up on
  7. It is the evening before I go back to court against clydesdale and they have indeed put in an application for recall of decree with the sheriff as I knew they would. They have said that it was an "administration error" as I knew it would be. They have said that this is due to their legal team not recieving the appropriate summons and therefore they were unable to lodge a defence. Tomorrow is the actual hearing for the recall of decree and I am planning not to contest the recall itself as it will only mean that the decree will be classified as "not implemented". I would much prefer to
  8. Affidavit's Wanted Please Preparing for the case ahead, clydesdale I know will use the "it was only a one of administration error" line alongside their proposed defence. I want to show the court that infact failure to provide documentation under section 7 of the DPA 1998 is rife across the industry but in particular within this bank. I am trying to collect as many affidavits from people who have banked with clydesdale and had problems of this nature to use as evidence that this is not a 1 time occurance. 3 Years and still no data from them. Anyone willing to help?
  9. Affidavit's Wanted Please Preparing for the case ahead, clydesdale I know will use the "it was only a one of administration error" line alongside their proposed defence. I want to show the court that infact failure to provide documentation under section 7 of the DPA 1998 is rife across the industry but in particular within this bank. I am trying to collect as many affidavits from people who have banked with clydesdale and had problems of this nature to use as evidence that this is not a 1 time occurance. 3 Years and still no data from them. Anyone willing to help?
  10. The are attempting to say that it was an administration error? That it was not sent from the branch to the legal team and therefore they were not represented. The thing is, I spoke to the manager on 26th october and she admitted that it had been sent on to legal. They are actually lying to the court. That to me is offensive. We know for a fact that they received the summons because it was served on them by the actual court by first class recorded delivery to the branch. As for the decree, I served it on them myself (otherwise they would not have put in an minute for recall of decree). Th
  11. For Three Years I have been fighting with Clydesdale bank regarding an account with an alleged debt of £310. Each time I ask them for statements and information partaining to the account I get ignored but they continued to send debt collection letters. After massive arguments with the branch over the fact that they were not providing the information requested under the DPA 1998, I decided to go the formal route. Last Year (2010) I sent clydesdale three formal letters. The first was a subject access request advising that they were to provide the information within 40 days. The next wa
  12. I hope this isn't inappropriate but I have been an ardent follower of CAG for years and have on a number of occasions referenced the site to gain information on how to proceed against banks and even again the inland revenue. So far I have won all four of my cases. I am not quite sure if posting links to other sites would constitute spam aunder the sites rules but I am hoping that the members and those who run the CAG site will be behind me on this. I have started a cause online in regards to Unfair Bank Charges: Opt-in to prevent exceeding overdraft limits. Effectively, I am at
  13. Consumer credit act 2006 (ammendment to the original CCA 1974)
  14. I have actually just found the provisions in the new legislation. Section 13.6 of the banking code has been replaced by the lending code (http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf) Non credit related items have been taking over by the FSA Banking Conduct of Business Sourcebook and Payment Services Regulations 2009. Credit related items including bank accounts and overdrafts are now under the Lending Code 2009. Section 13.6 of the banking code stated: We may give information to credit reference agencies about the personal debts you owe us if: • you h
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