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  1. Thank you BazzaS surely there must be a rule in CPR for contradicting/misleading the justice in terms of, they do not admit liability but they are admitting liability with their action. I am quite interested in something like CPR 14.5? Also in my claim that was issued on MCOL and due to limited space i quoted as below "Amount to be claimed £157.50 charges, £29.28 interest £83.32 overdraft charges caused by these ongoing charges which can increase the total claim amount" since then they have taken another account fee, which they have not paid? last question; can i contact my bank (which is HSBC) and ask them to return the money as it was credited without my consent? Thank you
  2. Hi everyone I opened a court case against HSBC due to account fees that i have never agreed. My account is an investment account and i always disputed and rejected the change on the T&Cs. After going backwards and forwards, at the end I took a court action. They immediately backed off. My question is; in their defence the bank refused to admit any liability but they credited the full amount subject to the claim in my bank account without my consent or permission stating that the client took a "commercial decision" whilst i am happy that i reclaimed my monies back - they believe that they have the right to change the contract and moving forward I would be in a position to open a court action every year to reclaim the account fees. If i were to move my account i would have to obtain certificates of shares in the account to transfer them to a different provider which costs money either way. can anyone please tell me whether there is a Paragraph or Part in CPR stating that the party can make a payment without admitting liability? I could not find it. PS: the bank's credit happened after I opened the claim and just before they submitted their defence Thank you in advance all..
  3. My Last question is whether the Consumer Credit Act applies to the Overdrafts like it applies to Credit Cards?
  4. Hi Jane Thank you for your response; I have consulted this issue with an old friend and according to him there is a slight difference between the phrases of "Planned" and "Arranged" "Arrange" comes from a French background means "To prepare and adapt an already-written composition for presentation in other than its original form." Adapt is the vital part here because Plan contains technical details of the agreement with using symbols (in our case numbers like interest or the duration etc) A plan ("set of intended actions") can be developed, executed, implemented, ignored, abandoned, scrapped, changed, but can not be adapted. As far as I can understand, the plan distributes the power equally between the bank and the consumers in advance but arrange gives the bank a choice to exercise its initiative as and when. I think there is a door left opened here against the bank from 2013 to 2019; would be good to have a more insight of this financial terms
  5. Good afternoon all I have taken a very vital case against Lloyds and this time it will be us (consumers) who are in a stronger position than the Bank. I have taken them to court and despite the fact that they have tried everything to drop the case; the Judge has given us a date. They are throwing money at me to stop the case "as a gesture of goodwill" I am a very specialised Financial analyst and I believe that I caught them in a fine line which will potentially cost them millions of pounds hence wise they are trying to close all the back doors for others to follow me and changed their T&Cs in legal phrases. Now can anyone please explain to me what is the difference between "Planned" and "Arranged" in legal terms? the phrase in banking term will be "planned overdraft" vs "arranged overdraft" Secondly can anyone please guide me where it is referenced on Government's websites for the phrase of "Business Days/working days" as well as "Bank Holidays" Thank you in advance for your help Regards
  6. Ok I see what you are saying I have not said it is purely the reason is the similar surnames but similar surnames seem to be involved in similar social or political groups therefore likelihood to know each other is higher than 2 different surnames I think everyone is so bonked up about the names and the believes but what will make any difference I don't actually care less where they are from, what will make any difference to my case? The judge's decision is not a healthy decision and some reason, I don't know the reason or don't want to know the reason It may be related to money, sexual orientation, ethnic groups or even supporting the same football team, you tell me would it change your mind about the unfair treatment that's received? Here is another scenario how much would a DJ earn? Say 70-100k How much would it cost to a company to get a CCJ against their name? Millions? You work out the Maths:) I am a financial guy; I work with the numbers Can I request statistical data under the freedom of information The number of cases that the judge has taken The number of cases have been recorded during the hearing The number of case been minor ethnic groups from these recorded cases So would this stats change your mind?
  7. Thank you I was not quite sure whether I said wrong; it was an iPad Even I was told off by the counsel why am I leaving an iPad in my own car? I know that everyone should be treated the same way in the court but what you stated gives an advantage to the party who sends a counsel whcih changes the balance in between parties I was not asking for a special treatment because I paid a fee; all I asked was if I am paying for a service regardless if it in theory or reality I would like to get the service what I paid for, if the judge followed the procedure fully I would not be wasting my time to complaint? So all I asked for what I was promised whilst paying the fees not one but 2 fees It is not very common that a claimant pays the defendants fees even though one of the defendant admits the liability of the fault of the driver but does not accept other liabilities, this is not unreasonable is it? Clearly it is a dispute and the judge is there to resolve it? Or supposed to resolve it It is a common sense if someone is hitting your car; on the day you arrange an alternatives and your car being repaired hence you take time off from work, it is also a well known factor (an industry's fault)that your insurance premium will go up as you are involved in an incident in the last five years? Why don't you guys accept the fact that the judges can be involved in collusion or tacit agreements behind the doors? Or you name it, romantic involvement, buddies or relatives etc there is a favouritism here and if this is the case ; this must be sorted out regardless and the relative departments of the government should take action against these kind of problems but the question is how steely going to prove it? Miraculously no records or transcript??
  8. Hi Ganymede Thank you for your response and welcome to the thread In response to your points is as follows: 1- I can not remember the exact amount but I paid something around £240 for initiating the claim then I was asked by "the judge" to pay £120 hearing fee; In basic terms these fees are for allocation, administration and hearing fees for the service that I am promised? - I know you are going to bring some legalities about public sector and their services and I will remind you the tax we pay for them and it will go on until tomorrow... This is in basic format in my opinion:) All the judges are given 15mins pre- reading time regardless of small claim courts or fast track etc. The justice should be distributed equally and fairly It is the judges responsibility that I paid for It sounds like; Because of so many patients a nurse decides not to put her gloves in NHS? Saying that she was too busy? 2- decision contradict itself as the claim was dismissed not being unreasonable but not enough evidence been provided. If it was the case it could have been struck out without a hearing? And the courts are very good at this not to waste public time and money 3- it is not normal for one party to sum up the other party's case; now you tell me what part of the CPR book is stating that the individuals who are not lawyer or counsel can not introduce their case to the judge but the counsels can? The law is very simple and equal to everyone 4- as it was a no-fault accident; I was not in the car so what am I going to witness that the barristers would not?? Also is this not a kind of poverty and shows the signs of the cracks in the justice system? If it was the case people or company's who have cash reserves, will send the counsels not to be cross-examined? It is beside the point one of the defendant sent me a virus in an email and I had the evidence; of course it was ignored by the judge 5- clearly you can be slandered in the court room if the judge is not capable of managing the room; I was called that I was lying! Hence stopped the case to refreshed up myself as I felt like I was questioned by the police rather than a junior counsel 6- I have been to 2-3 other cases all of which were recorded; so who decides which one to record which one not to?- did I pay less/more from the ones that are recorded? What is the criteria? Rubbish!!! 7- as an accountant I should know this; VAT Is a a tax which is paid on the point of sale. The companies calculate their VAT liabilities (returns) with deducting the outputs form their input sales My question is if the counsel invoiced to the company and then the company used it in their returns to reduce their liabilities and I am asked to pay the counsels fee in addition of VAT with no further invoice or a correction invoice and a credit note for the previous invoice, in my name what will happen? And then I am not lrovided any other invoice (VAT) by the company for the payment that I made for; you show me the journals? UPPPPS I forgot... Legal fees (or legal awards) are not taxable:)))) So what happens to the £70 just for the VAT liability? It alllllll comes out of the publics pocket my friends... 8- I provided my wage slips, a letter from the employer, p60s, a replacement of the item from an authorised retailer, my increase premium in my insurance for 2 separate years, the photos of the broken device and took it to the court room email correspondence everything! By the way I can't remember telling in any part of the thread in this forum that the broken device was a mobile phone? Where did you get it from Thanks
  9. Sorry to hear that I totally agree with you but there are goods and bads everywhere; believe me I speak 3 languages and hence lived in 3 completely different countries... Some can keep these discreet some can publish immediately... All I can say is; the Britain named as Great Britain is not only because of the great history but also is blessed with very sensible and educated public, I thought the forums like this where people can be remained anonymous; can reduce these kind of frictions in our lives and help the victims rather than supporting the rich and strong!!! This forum certainly helped me in couple of cases and there are really valuable people but sometimes these things take time and one thing we should never do is to give up..,, but at the same time we need to get rid of all our worries which may hold us back!!! Then we can find a solution for the problems... Is there any possible collusion in the system (justice) I believe there is... Is there certain political groups or even religious/ethnic groups favouring each other in public sectors; yes I believe they do Is financial benefits influencing the decisions- yes it may I can't see any other reason my friends why the judge give such a ridiculous decision like that otherwise? I have never the judge before, he does not know me and we have probably even no common points.... You guys tell me then whether his judgement was fair and whether there is any other reason may cause this decision
  10. Great!!! So how is it possible that people started an online petition against Donald Trump on the governments website? So if I understand correctly 1- I need to be specific about what I am asking for 2- I can't use any names or personal information It would be like Do you know the guy who plays in NBA who is very tall and he has brown eyes? Rubbish!!! Basically all you my friends; you are asking me to get over it.... It has been like that before my time and it will be the same after your time? And the groups or people who may have tacit agreements before the court dates can get away with it!!
  11. Ian still waiting for a response what will happen if I were to start an online petition against the judge? Am I allowed to?
  12. Thank you Andy Nice to see you again, What you are saying is basically I will need to swallow it up? Beside of my lack of experience? If the 21 days gone pass? Also is this not a major mistake 1 - the decision contradicts itself with the case being dismissed because not enough evidence and paying the defendants fees in a small claims tracking 2- I was penalised to pay a VAT element which I have not been invoiced for 3 - conflict of interest the defendants counsel represented my case?
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