Just checked my account and £411 has appeared as a cash deposit.

I haven't paid it in and coincidentally it is the exact amount of my claim, but without the 8% interest of £36.54 and court fees of £50.00.

What should I do now?

cheers. thought it would be something simple!!!

When theres a blue square next to a thread title, with a tick in, under the heading 'rating', what does that mean, please?

Apparantly the letter was sent 'by mistake'.

Hi.

Have just contacted the solicitor and apparantly they made a mistake and there isn't a judgement, they had just assumed there was, and didn't realise we had made a counterclaim!!! Hows that for incompetence.

They have said they will accept the amount she admitted to (£100) but also want £40 for the judgement? (don't know what he means) and will let her pay £1 a week. They still haven't sent all the statements. Their excuse for this is that ge capital didn't send them all the statements, and they sent us the ones they did have.

We sent the cca request to the solicitors and dpa to ge capital on May 6th. I believe they have 30 days to reply to the cca request and 40 for DPA, is that correct? We cannot work any figures out properly until we recieve these.

 

22nd May 2006

 

Re: CL Finance Ltd – balance: £592.21

 

SHEFFIELD COUNTY COURT – CASE NUMBER xxxxxxxx

 

As you are aware, this matter is subject to a County Court Judgement.

 

We can confirm that we are prepared to allow you to repay the debt due to CL Finance Limited at the rate of £5.00 every month commencing on the 22nd May 2006.

 

Payment MUST be made direct to our client’s collection agents The Lewis Group using the attached payment slips, or by sending to them a series of post-dated cheques, payable to the lewis group, which will be presented as they fall due. Alternatively, our client will accept payment by standing order to the lewis group, but only if immediate arrangements are made. Please ring them immediately on xxxxxxxx to make arrangements to pay.

 

We continue with conduct of this action and should any one payment be missed we shall immediately take enforcement action.

Hi.

Have just contacted the solicitor and apparantly they made a mistake and there isn't a judgement, they had just assumed there was, and didn't realise we had made a counterclaim!!! Hows that for incompetence.

They have said they will accept the amount she admitted to (£100) but also want £40 for the judgement? (don't know what he means) and will let her pay £1 a week. They still haven't sent all the statements. Their excuse for this is that ge capital didn't send them all the statements, and they sent us the ones they did have.

We sent the cca request to the solicitors and dpa to ge capital on May 6th. I believe they have 30 days to reply to the cca request and 40 for DPA, is that correct? We cannot work any figures out properly until we recieve these.

There were reasons for posting a new thread but I won't even bother trying to explain.

they originally sued her through moneyclaim, which was northampton, I think. When she did a part admission and disputed the rest and put in a counterclaim it was transferred to sheffield.

I also think she has other debts affecting her credit rating, which I am trying to help her sort out, hence this counterclaim. Thats why I said its trashed.

thanks Robert.

We are going to the court tomorrow to find out whats happening with the claim, as we have heard nothing since its transfer to sheffield.

What I don't understand is that we only admitted to £100 of their original claim and the counterclaim was made for the rest which is charges. So how have they got judgement for the full amount?

As for her credit file, I think its probably beyond repair, however any advice is gratefully recieved.

Thanks.

Hi.

I pm'd him yesterday and the day before but I know he gets so many that its easy to miss some.

I wouldn't bother him but I really need to contact them tomorrow about this and last time I did something without consulting him first I got 'done'!!!!!!!

Shall I pm him again?

Can a moderator point Bankfodder in this direction as he has told me not to do anything without consulting him first. Thanks.

Hi. Just to recap since our last telephone conversation - My daughter is being sued by ge capital, originally, now CL finance. We admitted £100 of the £592.21 owed but counterclaimed the charges. We recieved an incomplete set of statements and you told me to write a stern letter requesting the missing information. We did this and she has now recieved the following letter from howard cohen solicitors.

22nd May 2006

 

Re: CL Finance Ltd – balance: £592.21

 

SHEFFIELD COUNTY COURT – CASE NUMBER xxxxxxxx

 

As you are aware, this matter is subject to a County Court Judgement.

 

We can confirm that we are prepared to allow you to repay the debt due to CL Finance Limited at the rate of £5.00 every month commencing on the 22nd May 2006.

 

Payment MUST be made direct to our client’s collection agents The Lewis Group using the attached payment slips, or by sending to them a series of post-dated cheques, payable to the lewis group, which will be presented as they fall due. Alternatively, our client will accept payment by standing order to the lewis group, but only if immediate arrangements are made. Please ring them immediately on xxxxxxxx to make arrangements to pay.

 

We continue with conduct of this action and should any one payment be missed we shall immediately take enforcement action.

I am not aware that a judgement has been made. Please can you advise me what I should do next.

hi mark and well done.

How did you know you had a court date? Did the court inform you?

Our moneyclaim has been acknowledged by rbs with intention of defending but theres no mention of court dates. As far as I can see you're the only sucessful rbs claimant so far.

does this mean they didn't respond at all to the small claim?

any advice?

if your letter was dated 20th and you gave them 14 days your LBA is due next saturday anyway. As Jonni says, just add a paragraph at the beginning declining their KIND offer!!!! If you have no intention of accepting an offer they'll let it go all the way anyway.

My claim is only for £450 and I got an offer of £83. I declined this on my LBA and they didn't even reply. I have been a customer for 30 years and have a mortgage and loan with them all fully paid up and always been a compliant customer coughing up charges on the odd occasion (£450 in 6 years) and they have still held out until I made the moneyclaim online.

RBS acknowledged on 12th May so have until 8th June. They haven't filed a defence yet. As the dates getting closer can anyone tell me, if they don't defend is it won by default? If they do defend will it go to court? Thanks.

When you send your letter befor action (template in the library) and add a paragraph saying that you do not accept their offer of x thank you. Halifax do this to everyone just in the hope that some sucker will accept. They haven't learned yet that we mean business. If past members experience is anything to go by you will not get any reply to your LBA or any other letter rejecting the offer, and if you're sending by recorded delivery you might as well save your money.

I agree with Jonni. I wouldn't even bother. I got the same letter offering £83.00. Not worth the ink and paper replying. Just sent the LBA within my timescale, and now have done the moneyclaim online.

I work for an accountant and a lot of my retail clients use girobank, as their charges for paying in cash and cheques are much less than other banks.

This has happened to 2 of my friends also. They have phoned up to cancel contracts and been offered 'deals' to stay. Then, when they get their bills, the deal isn't there, the provider, (coincidentally, O2!!!) deny the offer and my friends are stuffed, basically. they're stuck for another year with a provider they were going to leave. I've told them both that they should get it in writing or email, but you don't think you're going to get ripped off at the time, do you? maybe we should have a mobile phone provider section in 'consumer'.

sounds fine to me. Write 'letter before action' in capitals at the top so they know you mean business!!! Yes, You can add any more charges to the court claim.

no, but replace the reference to consumer law in the letter before action and on the moneyclaim form with references to common law, as noted in the oft report. I can pm you the text of my letter if that would help you.

Hi I am in the process of claiming from a business account in a similar situation yours. I sent the preliminary request letter after obtaining the statements, then the LBA. The main advice I got from Bankfodder was that with businesses you need to quote common law, not consumer laws. Here is his reply to me.

If you are claiming in respect of a business account then you will not be able to cite The Unfair Terms in Consumer Contracts Regulations as these apply only to consumer contracts.

 

However there is nothing to stop you referring to the OFT finding which was that bank charges are unfair in that they clearly exceed the administrative costs of the bank. The OFT report does very clearly refer to the common law relating to penalty clauses and this is what you are mainly relying on in your claim

Hi I am in the process of claiming from a business account in a similar situation yo yhis. I sent the preliminary request letter after obtaining the statements, yhen the LBA. The main advice I got from Bankfodder was that with businesses you need to quote common law, not consumer laws.

If you are claiming in respect of a business account then you will not be able to cite The Unfair Terms in Consumer Contracts Regulations as these apply only to consumer contracts.

However there is nothing to stop you referring to the OFT finding which was that bank charges are unfair in that they clearly exceed the administrative costs of the bank. The OFT report does very clearly refer to the common law relating to penalty clauses and this is what you are mainly relying on in your claim