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katesage

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Posts posted by katesage

  1. Can you post exact details of this order please ZsaZsa, just to check there has been no misunderstanding.

     

    I can't see why you as a consumer and lay person should have to provide an expert witness in the field of banking.

     

    It may be necessary for you to apply to the court to vary this order.

     

    I will also bring this thread to GaryHs' attention so that we can see what exactly needs to happen.

  2. Dar£n, you say not to forget an updated SOC's if i were to call them, what is SOC's? (im guessing schedule of charges with up to date interest, please correct me if im wrong)

     

    You guessed right:D

  3. :) Hi Madhoose

     

    Welcome to the CAG forum.

     

    Congrats on your successful claim on your current account.:)

     

    OK, Credit Cards. There have been many, many successes with credit cards, essentially they are the same as bank accounts, if anything as a result of The OFT Report in Apr 06 on credit card charges, the case is even stronger.

     

    Although we have seperate templates fro CC letters and spreadsheets, the court filing stage is pretty much the same.

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

     

    That link is for the N1 form, fill it out using the templates supplied and amend intelligently to suit the fact that this is a CC claim.

     

    If they try offering you the difference between £12 and £30(?) then DECLINE!

    If a penalty charge is unlawful then ,it is unenforceable in its entirety.

     

    You ask for the link to the spreadsheet templates, these should already have been completed and sent with your letters, if you have not done so, supply them immediately.

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

     

    Good luck

  4. Thanks kate, I have received defence from abbey from them someone called Vivian Roux paralegal, dont no wheather to wait for AQ or post my court bundle on tuesday, its almost ready, what does without prejudice imply, thanks for your help.:confused:

     

    dont do court bundle until court request it.

     

    when you receive AQ, (if you do) read this to prepare

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

  5. sent my 2nd lba 24 april so times up on 8th of may..as of yet heard nothing..can i do the court action on line or with me doing this by letters do i have to go to my local court. i will be doing this 8 or 9th may so is it a good idea to ring the halifax on the 8th to tell them...thankyou..

     

    Prepare your court application, N1 is better than MCOL, have a look in bank templates for all the details you need.

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

     

    I wouldnt bother ringing btw, it wont make any difference:D

     

    good luck

  6. All the charges incurred on your daughters account can be reclaimed brian.

     

    After the second letter, give them 14 days then file a claim at court. She needs to do a spreadsheet showing all the charges to attach to the letters sent.

     

    Start by reading the FAQs link below my signature.

     

    Loads of luck to you and family:)

  7. No but thanks, both of you, it actually stands for my surname, which unfortunately I am not at liberty to disclose - a) you might take the %*$!, and b), never can be too careful y'know, what with 'big brother' watching an all that!;)

     

     

     

    (oh alright - its just a) really!):D

    yep thought so....but i'll not read it as fishy that you wont tell us:D

     

    Yep, onwards and upwards!

     

    Agreed!

  8. Thanks again Gary H (does the 'H' stand for helpful by any chance :) ) YES it does!

     

    Ok, so just play the waiting game for now! My claim is less than £1500.

     

    Out of interest, do you know if Lloyds generally close accounts after action. NO, not that I know of, but open a parachute account just in case. Also, going forward following claims they pay out on and assuming you haven't signed anything with conditions on. Do they continue to levvy charges in such a way YES they blooming do!......presumably unless you try to claim back again or until such time as the OFT issue guidelines on minimum charges? exactly

     

    RR

    good luck:)

  9. It is definitely a grey area that is for sure.

     

    A reclaimable charge is one that comes about because of a breach of contract on the account holders part.

     

    This is why only cheque bounces/card misuse/XS O/D fees etc (all contract breaches) are reclaimable and Advantage Gold fees are not reclaimable (despite many people wanting them to be!)

     

    In Deja's case she/he was asked to return the card within 1 month but the card collector turned up unannounced a week later. The charge of £125 appeared later.

     

    So, Deja was asked to return the card because the account had been closed, due no doubt, to debts caused by penalty charges.

     

    If those charges had not been applied and the account had not been closed then this situation would never have occurred.

     

    IMO...The card collection fee was an indirect product of the original breaches, the same concepts we apply to defaults should apply here, ie...it wouldn't have happened, were it not for the penalty charges in the first place.

     

    So if I were in Dejas shoes, I would add the charge to my claim, because I would feel comfortable arguing the point.

  10. Hello!

     

    I thought it was about time I got involved! I've already started my claim for bank charges from Llyods TSB.

     

    First I received a statement of all charges which I used to calculate how much I was owed. I then put in my claim for reimbursement of charges and after a month of waiting around I've finally received a standard reply saying I'm not entitled to anything basically.

     

    I know the next stage is the Letter before Claim...but how long should I wait before sending the letter off? I'm also aware that this could potentially go to court and even though they always pull out at the last minute, I need to prepare for this. How long does it take to get everything in order for court if that's the way it's heading?

     

    Cheers!

     

     

    Dont panic, its a common mistake to make, fire off your LBA, give them 14 days then file a claim at court.

     

    Also..start a thread of your own in the LLoyds forum so you will receive tailored advice.

     

    Loads of luck

  11. Hiya Boon, your in the right forum now! probably the reason you were taken to NatWest forum is because Natwest routinely send CPR18 requests as an intimidatory tactic.

    CPR 18 is only routinely used in claims over £5000, so in your claim, it is a wholly innapropriate request.

    Have a look at this link, amend it to suit your needs and send one to Woolwich Legal team and one to the court. Obviously tailor each letter to suit.

     

    http://www.consumeractiongroup.co.uk/forum/NatWest-bank/55874-letter-court-re-cpr18.html

     

    Good luck

  12. Are you ok Kate if i post this for discussion on a new thread simply called Card Recovery Fee- claimable or not? Discuss

    Please do Natty, I'm sure there are a few out there who will need to know, perhaps once we have a definitive answer, it can be added to your Natwest fees thread?

  13. Deja vu...can you stick on one thread please

     

    the recovery fee will probably not be reclaimable because it was a fee charged for a service, but...as you were not given a chance to return the card yourself and no doubt the account closure was due to debt caused by charges ......hmmmmm tricky one

     

    any other opinions please??

  14. I was charged yet again at the end of April. £28, this has sent my account over my overdraft limit once again.

     

    Do I add that charge and the future charge at the end of May into my schedule of charges? I'm asking because this takes me over the 6 year period, of course. I've got the details since March 01 - present day... Works to 6yrs 2mnths.

     

    Add any charges you incur to your claim right up to the point of filing your claim, so dependant on whether you file before May end will decide whether those charges are included.

     

    Ignore the 6yr rule, The Limitations Act does not apply so if you have statements, claim the charges back

  15. i yesterday received a prelim court date for the 20th june and have a couple of questions about it.

    Apart from turn up at the time said, do i need to produce a court bundle?(it hasnt instructed me to,) NO, this is a prelim hearing, just to decide how the claim will be heard.

    am i likely to receive an offer of settlement form barclays before this date? Yes, very likely as they will have to fork out for a barrister to attend!

    and if it does get to me going to court do both sides have to turn up? YES if so, is it likely that barclays will turn up aswell? or if they didnt turn up would i win due to them not turning up?

    You would win if that happened

    Good Luck

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