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Everything posted by Dysexlic

  1. Hi everyone, I've not been on here for a bit and out of the loop. I posted a month or so ago asking for any updates on new POC's for claiming back bank charges but didn't have any response. I'd like to what my next step should be. My bank tried to throw out my claim early this year/late last year and I advised them and the court that i wished to put in a new POC and haven't done it yet. I have a decent template, but not sure what other people have been doing. My claims are with RBS. Can anyone advise? ?Can anyone tell me what happened with the Scottish claim with the new POC earlier this year? Waiting eagerly.. T
  2. Hi there, I have just recieved an invoice from my local council with regard to administration charges. In brief, I sent them a cheque covering an invoice for services and the cheque bounced back. I have been charged by my bank (yawn), but also now by the council. They have invoiced me for £30.00 for 'administration charge for refer to drawer cheque'. I think this is excessive and wondered if indeed it is legal. Can anyone tell me where I stand with this please? Would the same laws apply here as they do with the banks? What should I do next? I have informed them that I am getting legal advice as I am concerned that the charges are illegal and they have put the invoice on hold until the end of the month (30th Sept) Any info much appreciated. Dysexlic
  3. Hi I've been out of the loop for a few months and haven't really done anything with my claims. Currently, I have told the court and RBS that I am in the process of putting forward a new POC's (which i have got and posted on here a few months ago) but have done nothing since. Firstly, can anyone inform me what the current state of affairs is with the new POC's? Has anyone put a new POC forward and what response have they got? Have any of the new POC's in England been successful? Greatly appreciate any info as I'm about to restart my claim so to speak. Thanks Dysexlic
  4. Hi all, I wanted to share what I found on the net re wording for new POC in relation to Section 14 CCA. I cant verify how acurate it is but was found on another consumer site. I think I might use it for one of my lesser claims that the bank (RBS) is trying to strike out. Wish me luck. Dysexlic New-BC-POC-amend.rtf
  5. Hi, PCB, I think it's 6 years only and I would imagine that you lose out if you started another claim. Am I correct in thinking that you have an ongoing case which you started 3 years ago? Not sure I can answer the Q re mortgages and car finance etc Dysexlic
  6. Ok, I think I've uploaded the document. If I have can anyone tell me what they think and whether I should go ahead with this new POC Thanks Dysexlic New-BC-POC-amend.rtf
  7. Just call me Dyzzie, All I found was ebay bargains!? Maybe they should change to 'cantspellwords'? Can anyone tell me how to upload a document. I have found wording for new POC in relation to Section 14 CCA Dysexlic
  8. oh she knew she mispelled it. Misspelled? Mispelled? I really shouldn't get involved in posting messages. You would think that someone would have come up with a suitably easy word to spell for the likes of me.
  9. Hi George, Do you mindmif I ask if you are disputing an existing bank charge that you haven't gone to court about? I think you can use Reg 5 and section 140, but I'm still looking for confirmation. T
  10. thanks rdm2006. I am pretty clueless re the wording. (or any other points for that matter) I'll remove those parts and keep reading, but if anyone else can put any light on how I may improve the POC in the next couple of days it would be of great help. Thanks again T
  11. This is such great news! I gather from the posts above that RBS has not attempted to strike out as had their claim as yet. Unfortunately I have, and my local court are agreeing that I should amend my POC. I know that I will be using Regulation 5’ of the Unfair terms in Consumer Contracts Regulations and Section 140 of the Consumer Credit Act 1974 as the basis of my claim but dont have any idea on how to word it and feel that I cant keep waiting. Can anyone put any light on this for me as I feel that the court will lose patience with me very soon. I actually have two seperate claims with RBS, the one i am currently dealing with is rather less than the second and I'd like to get his right before i change the POC on the larger claim. The following is my attempt at having a go at the wording.. can someone please read through to see if I am anywhere near getting it right? ' The Claimant held account number 000000000000000, sort code 00000 with the Defendant. Defendant debited charges in iro of purported breaches of contract between March 2001 to March 2004. Defendant has been supplied with a list of spread sheet of charges with interest. Claimant contends; a – The charges exceeded the Defendant’s losses caused by such breaches ; b – The Term permitting the Defendant to levy such charges is unenforceable under Regulation 5 of the unfair terms in Consumer Contracts Regulations 1999, and Section 140 of the Consumer Credit Act 1974; c – If charges are a fee for a service, then they must be reasonable under Section 15 of Supply of Goods Act 1982. Claimant claims: a – Return of amounts debited of £00; b – Interest of 33.7% - £00 as per Defendant’s ‘effective annual’ rate of interest; c – Interest under section 69 of the County Courts Act 1984 at the rate of 8% up to the date of judgement or earlier payment at a daily rate of 0.28p. All default notices to be removed. Costs allowed by the Court. Any pointers would be much appreciated. :)
  12. Hi to anyone who can help (and to all those that can't for that matter), I've recently written to my local court letting them know I would be applying for a stay with new POC with regard to RBS pushing to have my claim for unfair charges thrown out. I've been sent back Form N244 and it all looks a bit scary. It's asking for 'drafts of order' 'witness statements' and 'statement of case'. I haven't a clue what to do with this. Can anyone help with filling this form out for me? I've also been looking for details of new POCs but without much luck, can anyone help with this also? I'd just like to say thanks for all the speedy responses I get fromt his site, I just wish I had more to give back. Thanks
  13. In case anyone else needs this, this is the letter I sent in reply to my county court.. hope it's useful (and correct!) Your Name Your Adress Your Count Court Name And Address Date Dear Sir or Madam, Claim number: (Your Claim No.) (Your Name v Your Bank) I am writing to inform the court that I strongly object to the proposed order of a stay due to the Office of Fair Trading test case for unauthorised overdraft charges, as per your letter dated (dd/mm/yy), in respect of the claim detailed above. The court should note that although the test case was effectively lost by the OFT the chief judge of the Supreme Court thought it important enough to say this ruling didn’t stop people challenging fairness under ‘Regulation 5’ of the Unfair terms in Consumer Contracts Regulations, which the Supreme Court case did not cover. In addition to this I believe section 140 of the Consumer Credit Act 1974, which again did not form part of the test case also contains powerful arguments in relation to my claim against the defendant. Details of OFT claim – The OFT has initiated an investigation under Part 8 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Defendant Bank’s personal current account arrangements providing for charges to be imposed upon customers who seek to make payments for which they do not have available funds. I will shortly prepare new particulars of claim and submit the N244 Application Notice regarding the above and I ask that the stay be lifted. I look forward to a full response from the court to this letter in due course. Yours faithfully, (Your name) Enc. Letter to Defendant’s Solicitor
  14. Oh you superstar! Thanks so much, you've just made a massive difference to my week.... I'll crack on straight away and post how I get on. Thanks again
  15. Hi, I've been a bit out of the loop since 2007 when all the High Court stuff kicked off and like many other I imagine have been patiently waiting (not sure if that was the right thing to do, but didn't know any better). I have recently received correspondence from the bank which I am claiming from (RBS) giving me a load of press cutting etc and informing me of my claim being stayed. I have also received a rather late letter from my local court asking me to respond to them and the bank regarding the stay. From what I gather, I should inform both the court and the bank that I oppose the stay while I prepare a new particulars of claim. Can anyone please confirm this is the right thing to do?? Also, if this is the right thing to do, is there a template letter to the bank? And can i get a template regarding the new particulars of claim from anywhere. I really am clueless as to what to do with this and will start reading up appropriate literature. In the meantime, I need to reply to the court and bank by the 21st of this month (as stated above I received the court letter 10 days after it was written:-| go figure) I'd really really appreciate any advice anyone can give me. Thanks T:)
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