Hi

My partner has a default registered with O2, he only realised this when he got a copy of his credit report. O2 never sent any letters demanding this outstanding payment and they certainly never issued any letters informing him that they were going to issue a default. Can they do this? or do they have to follow a certain procedure for issuing a default?

Is there any way we could go about getting this default removed?

Thanks

Brownie24:)

Thanks Uk for the sending spreadsheet, and thanks to everyone else for offering but hopefully I'm set up now and my friend can take on Crap One:D

Hi ukaviator/paintball

I was going to use the vampiress spreadsheet for CCI to input all the charge data into so it was just the spreadsheet with a calculator for the APR that I need.

Any help much appreciated ta. I will pm you my email ukaviator

Brownie24:)

I need to work out the APR for a friend to use on their Cap One claim but the link used on the first page of this thread from Ukaviator no longer works. Can anyone point me in the right direction?

Brownie24:)

After sending in a request to the court for a judgement to be entered and defence to be thrown out on the grounds of non compliance I have now received a letter from the court stating that on the judge's own initiative a stay as been ordered pending the outcome of OFT test case.

How do I go about getting a stay lifted that a judge has ordered? The bank (Lloyds) have never complied with any requests yet and I find it hard to beleive that a judge is favouring them......help please:(

Brownie24

Thanks soooo much for that lemoney your help is much appreciated:D

I am going to get this printed off tomoz and take it down to the court. Hopefully it won't be long now before we both get our money back.........which will come in useful for us both and our families:)

Am also about to submit a claim for A&L but have decided to get my credit card one going first as am just a bit concerned that my bank one could be stayed and at the mo money is a bit tight.

Brownie24

Thanks soooo much for that lemoney your help is much appreciated:D

I

Cheers sydsmum.....just taking a look now:)

Hi Lemony

Hey remember me? Like u I've put off filing my Crap One claim with the court.....what with one thing and another, the main one being that I became a mum again four weeks ago so my attentions have obviously been else where:) Anyways now I am beginning to get more organised and hopefully into a routine I have decided to crack on again with my Crap One and reclaim some much needed cash.

Was wondering if you could do me a huge favour and send me a copy of your POC that you used? I am too claiming for CCI so will need to use what you used. I would be eternally grateful if you could do this for me, no doubt the POC is around here somewhere on this site but as my time is limited at the mo I don't have much time on my hands to sit surfing the net anymore!

Hopefully you'll be able to help me, and I will keep checking in on you (when I get the chance ) to see how you are progressing as it looks like I'll only be a few days behind you.

Cheers

Brownie24:)

Hi all

Am about to submit my N1 POC to Derby County Court. I remember reading somewhere that the A&L was not covered by the test case and that their claims should go ahead as normal.........does anyone else know if this is true or is it just a figment of my imagination?

Cheers

Brownie24:)

Hi Syds mum

Could I get a copy of the letter you sent to get judgement? Need to send one off against Lloyds who have not complied with directions.

Cheers

Brownie24

Am about to send off my LBA to Natwest and have noticed that the template for the LBA has been amended following the FSA press release. I have added the following in red and just wondered if this makes sense in relation to this change? Or could someone advise anything else I could add.......................

In considering this letter before action, you are reminded of the Press Release issued by the FSA on 27th July, which states:

"Consumers who are in very difficult financial circumstances - 'hardship cases'

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

I believe that my personal circumstances fall within this category because due to the cumulative nature of your excessive charges I have, as a result, frequently become overdrawn which then in turn triggers yet more charges making it increasingly more difficult for me to remain inside any agreed overdraft limit.

My court bundle was submitted on 23 july, giving Lloyds 21 days to submit their documents, they have not done this and i heard nothing from them .........does this mean i've won by default? Could someone point me in the right direction about what i should do next.

thanks

If I complete the N244 as follows do you think this will be ok with the judge:

Because:

The claimant inadvertently mistakenly calculated the total amount of penalty charges taken from his account and incorrectly calculated S.69 interest claimed.

Part c:

I respectfully request that the court allows an amendment to my particulars of claim as I have realised a discrepency in the amount of penalty charges I wish to reclaim.

Please find attached to this application my proposed new particulars of claim as well as a schedule of charges which now accurately reflect the amount claimed in respect of penalty charges levied by the Defendent.

............ I will then attach an N1 form with the N1 POC as taken off this website, plus up to date schedule of charges......and take x 3 copies all this info and submit this to the court along with the £35.00 fee.

Would be grateful if someone could check this over for me as I don't want my friend to mess up again!

Thanks

Brownie24:)

Bump to above......and also for an account opened in 1995 - does anyone have or know a link to any t&c that would be relevant for that year?

Brownie24:)

Does anyone have a link to the Australin Default Report by Nicole Rich?

Brownie24

Hi

Just getting together my statement of evidence to include with my court bundle.

I have made some amendments to point 5, I am doing this for a friend and am unsure as to whether they have an o/d facility therefore if there's was to read as follows would this still be ok/make sense?

5. I understand the definition of 'breach of contract' to be the failure of a party, without legal excuse, to perform a contractually agreed obligation pursuant to any or all of the terms agreed within that contract. Consequently any unauthorised borrowing or transaction which leads to the exceeding of pre-agreed overdraft limits can be deemed as a breach of contract therefore breaching an express term of the contract between myself and the Defendant. Therefore, when direct debit payments were refused because of a ‘lack of funds’, thus breaching an express term of the contract between myself and the Defendant, I was consequentially penalised for each such breach by way of a charge of £35.

As I need to submit N244 and court bundle at same time, what do you reckon to the following covering letter?

After careful reconciliation of my bank charges it has become apparent that I have mistakenly calculated the total amount of unlawful charges and S.69 interest claimed as detailed in my Particulars of Claim submitted on line on 17th May 2007. Therefore I would like to amend these figures and as such please find enclosed a completed N244 form, and appropriate fee, detailing accurate figures.

In light of the fact that on 28th June 2007 District Judge AA Butler set directions for this claim also enclosed, in compliance with these directions, I, the claimant hereby file a complete bundle of documents containing:

a) A schedule of charges (which reflect the amended figures as outlined above)

b) A statement of evidence

c) Various cases, statutes and other materials which I wish to rely on at the hearing of the above claim.

A copy of these documents has also been served to the defendant.

I apologise for this discrepancy and hope that these amendments are acceptable and that the Particular of Claim is amended accordingly. If you require any further information please do not hesitate to contact me.

Yours faithfully

Cheers:D

Pretty well all you need is here:

Amending A Claim - Consumer Wiki

Help this link as given to me yesterday by Michael does not seem to be working anymore! It says I need to login.....don't know how to.....and I could really do with getting this sorted out today!

Brownie24

Soz for the 'highjack' just saw someone in similar circumstances and wanted advice:rolleyes:

Soz for aksing the same question in two places! But I just wanted to make sure I got all the correct info......and you had hinted in the other thread to geforce to see 'if it came out in the wash'.

They have calculated the claim amount to be £3050, but I have calculated it to really be £2508 - this figure takes out o/d interest and the account charge ( which I beleive are a fee for a usuage of a certain type of account)

Do you think he should make proper amendements based on these accurate figures? Just a bit worried about the tight timescale!

I would not amend for now, it should come out in the wash when Lloyds offer a sum.

 

If you amend it will cause a delay and cost you £35 (that is non refundable).

 

If it gets as far as court then you need to have a corrected schedule.

GuidotT

I am helping out a friend who has made the same mistake and simply added in o/d interest and also account charges to his claim. He is now at the stage where he has to have his court bundle in by Tuesday!! SC&M have sent him a letter which states they are

'minded to enter into settlement negotioations with you but before doing so, we are told that there appears to be a discrepancy in what you are seeking by way of a refund of bank charges'

They have then gone on to ask him to provide a breakdown of each and every charge he is claimng and how he calculated interest.

In the directions ordered by the judge he has to send to the court:

a) A schedule setting out each and every charge repayment of which is sought, sowing the account number, date, amount and reason (if any) for that charge being made;

b) A statement of evidence, if such is to be relied upon in support of the claim and copies of any relevant documents.

My query is do you think he should make formal amendments to his POC/amount claimed? Or merely wait for Lloyds to highlight the mistake and make him an offer based on what they think it should be? How would this effect his chances of success if he was to leave as is with incorrect calculations?

Brownie24

Cheers Michael

Much appreciated.

Hopefully they'll get there in the end;)

Brownie24