There is a case being heard in London Mercantile Court on Friday July 20th which includes such a declaration.

Hi Annie,

I'll send you a PM with my Particulars of Claim. These have been viewed by a judge on a few occasions and have been updated on recommendation of the judge so should be pretty good now.

I see that you have been refunded some of your charges. Have the charges already been refunded in full for the accounts in which you recieved the Defaults?

It shouldn't matter, but if the charges are still outstanding it would be best to do in one claim.

Hi,

I think you would probably be best representing yourself using advice from fellow members of CAG as legal representation would be very expensive.

Don't be afraid of going to court as it really isn't as bad as you might think.

I would advise that your claim for damages not be for the charges but because of the Default Notices.

Hello,

You may be entitled to claim damages for financial loss as a result of the Default Notice. In addition you can also claim compensation for distress.

You would need to argue that the Default Notice was placed on your account at a time when the banks records showed that you owed them *** but in actual fact the bank owed you ***. The Default Notice was then placed on your account in breach of Section 13 of the Data Protection Act.

The claim for compensation would be made under the provisions of Section 14 of the Data Protection Act which allows a court to award compensation.

You would need strong evidence of your financial loss. Perhaps you had to borrow money at a high rate than usual. The claim for distress would also need evidence. Perhaps you have been suffering from stress etc.

No I have not requested a copy of this yet.

Today is just a Directions Hearing but will need that for my court bundle later on.

I did apply online rather than complete a form.

The strange thing is that I never received anything from Egg to let me know about the PPI which was added onto the account.

They are insisting that I benefited from the insurance for 14 months, but would never have been able to make a claim because I never knew it existed, had no documentation to let me know what was covered or how to make a claim etc.

Will see how it goes. The claim was combined with a claim for bank charges which were refunded last week. Looks like they want to fight the PPI claim though.

Has anyone been successful in their claim against Egg for PPI.

Hi,

I am reading this thread with interest as I am currently taking Egg to court re credit card PPI.

I never take out PPI but discovered 14 months into my credit card agreement that they were taking around £30 per month for PPI (I should really check my statements more regularly).

They are adamant that I requested PPI in my application (done online) however I know I did not (at least intentionally) request this.

Court case is tomorrow at 12.30.

The defendant has now been ordered to submit a defence within 28 days so I will let you know what this is.

But I would also like to offer a tip to those who are seeking other remedies in their claim i.e. they are seeking removal of a Default Notice.

It is important for people to know that at present that the bank will attempt to settle charge part of claim so that charges will not be discussed in court. They were nearly successful in doing this in my case and I know the same happened to Jonni2bad.

The court must know that you have not agreed or accepted this in full settlement and without admission of liability and that you are seeking further remedies. You must also be able to accept that the Defendant has the right to ask for their settlement money back (as you have not accepted it in full settlement).

Hi Jonni,

Thanks for the reply. I would be interested in hearing whether they submitted a defence to you for the actual charges, ie that they were not penalties, or that they were proportionate.

In the past all I have received from them is a Witness Statement that they had refunded charges and this was no longer in dispute.

They have been very reluctant to tell me the reason why their charges are not unlawful.

Hi,

Has Halifax submitted a defence to anyone. I don't mean just saying that they intend to defend but actually outlined what their defence is.

This is URGENT as I am in court against them at 12 Noon today.

As far as I can see from the posts that they don't seem to have ever submitted a defence. Am I wrong?

Thanks

Hi,

Has Halifax submitted a defence to anyone. I don't mean just saying that they intend to defend but actually outlined what their defence is.

This is URGENT as I am in court against them at 12 Noon today.

Thanks

Hi,

It's quite normal for most banks to file a defence.

You will have to hand in the Allocation Questionnaire and pay the fee.

You are a step closer and make sure that on your AQ you request for case to be transferred to your local court.

Regards

Stuart

I'm slightly confused -what equipment is that they are witholding worth several thousands and you paid £600?

Thanks for your reply. I should have been more specific.

The contract was for colocation, which is where I provided my own server and equipment and they provided my with the connection to the internet.

Therefore I sent them 4 web servers (worth approx £1,000 - £1,500) each plus a switch etc). This equipment is my own and I paid them £600 which included one month connection and setup fee.

Because of my problems I have refused to sign and return the contract and I have requested my equipment back but they are saying I have agreed to 12 months contract.

However due to their lack of support and not meeting their 24/7 tech support or 100% uptime I simply had to move away as I have already lost a lot of my customers.

They are refusing to return this equipment to me so I have the added expense of now leasing equipment as well.

bump

Hi,

I run a web hosting business and I recently changed data centre and connection provider as the company seemed to be offering a great price.

They seemed to offer a great service - 24/7 technical support, 100% uptime guarantee etc, so I gladly paid them £600 which included £150 setup costs.

In the first month however I was inundated with problems, the worst of which was when they carried out maintenance without any warning leaving me without service for 48 hours one weekend.

I tried calling their support line - but nobody answered their calls. Spent hours on the phone - 13 in total. I sent emails which were left unanswered. It appears to me that they do not in fact offer support at weekends and I therefore was forced to find another provider.

I called to complain but they "disconnected my service" and added £250 admin fee onto what thy claim I owe. They are trying to tie me into 12 month contract.

I have not signed and returned the contract but they are now withholding my equipment - several thousand pounds worth and I have had the added expense of moving suppliers.

I have also lost a large amount of customers, both from their poor servcie and from having to hire new equipment whilst they have mine. The added work in moving services has also caused a great impact on my business.

How can I get my equipment back?

Hi Maybeline,

Do you have a thread of your own?

Are you making a claim against the bank for unlawful charges?

How much is the default?

How much are you claiming back in charges?

If you are claiming back charges you can let the bank know that the account is in dispute and that processing the Default Notice before the dispute has been resolved will put them in breach of Section 13.6 of the Banking Code and in breach of section 14 of the Data Protection Act.

I can't believe that they are claiming their charges are proportionate.

And Part 9 is unbelievable: -

"even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate"

because if their fees are found to be disproportionate the entire fee is unenforceable - not just part of it!

They do use all sorts of threats, closing accounts, withdrawing overdraft facilities etc.

Your right to open another account.

I did against Halifax and when they terminated my overdraft I just started using my new account.

When they repaid the charges I simply repaid the overdraft.

Will your charges cover your entire overdraft?

Have SC&M been sending the wrong documents to people again?

They sent me someone elses and I complained to Lloyds. Iwas also thinking of reporting them to the Information Commissioner.

- Stuart

Personally I would stick with the Consumer Action Group templates.

They provide adequate opportunity for the Defendant to respond or settle, and I am not sure that one letter offers reasonable this.

If a case went to court I would want to demonstrate to the judge that I had given Abbey plenty of opportunities to settle before I raised court action.

You are really just due your charges back with interest and court fees.

The exception would be if you could prove that you have encountered further expense due to the taking of these charges.

For example if the bank forced you into taking a loan to pay for the charges you may have a claim for the cost of the loan (the interest paid).

Hi Stewart welcome to the forum,

In answer to your questions:

1. A reasonable offer? - that is really up to the individual, however most agree 100% is the only reasonable offer and I would agree.

2. We are not dealing with criminal law therefore the banks are not doing anything illegal. We are dealing witgh civil law, therefore we use the term unlawful.

3. Read up on the sample case law included on the bank template page. In the case of Lord Elphinstone v. Monkland Iron and Coal Co [1886], Lord Watson stated that: "There is a presumption (but no more) that a charge is a penalty when a single lump sum is made payable by way of compensation, on the occurrence of one or more or all of several events, some of which may occasion serious and others but trifling damage".

4. Banks have settled all claims. If you stick to your guns you will get all charges back. Some people have accepted smaller sums to speed up repayment. It can be quite a waiting game.

5. You are asking for repayment of charges because the bank's system of default charges is unlawful.

Hi adztec77,

It is not unusual not to get Lloyds TSB lawyers stating that they wish to open discussions about an out-of-court settlement. They didn't on mine.

And anyway they just use that statement to delay things as they ask the court to allow some extra time for negotiations.

So don't worry.

It does take time and can be frustrating.

Have you tried giving SC&M solicitors a call? It didn't get me anywhere to be honest just a small offer with unreasonable terms which I have refused. So I am waiting too.

- Stuart

Hi,

Thanks for your replies.

I have downloaded the form N244 and will complete.

I know I could start a second claim but since it has taken 7 months to get this far - without even an offer of settlement from Abbey I am reluctant to do this.

I would prefer to ammend my claim as I do think a court date may be set early in the New Year and that is when the offers will start.

I'd like to update my Particulars of Claim for my claim against Abbey.

The main reason is that I started action in June but since then have been hit quite heavily in charges.

Can someone confirm if it is a form N244 which I need to complete and does anyone have any experience in completing one.

Hi,

You should use copy and paste.

Click and drag your mouse over the text you wish to copy and click Ctrl and S button at same time to copy.

Then open a blank word document on your PC and click Ctrl and P button at same time to paste.