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About nolettingo

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  1. A follow up to previous post on this subject, which had a hearing earlier this week (Monday, before the GDPR on Friday). As predicted here, my application was not successful. Barristers agreed the ICO document was guidance, not a requirement, and the bank advised they would not comply. My Barrister quoted the court of appeal case, saying “can’t report without stating unenforceability of same”. Judge did not accept – they can report what they like until trial or further order. Judge accepted I was late in giving my 2nd witness statement, so I could get representation. I
  2. I needed to find a cheap way of stopping the CRA reports of a default and stopping the limitation process. I considered an injunction requesting the bank be prevented from informing CRA’s until a full hearing could take place as a possible way forward. An injunction was issued and the hearing took place on 1 March 2018. The bank was represented by a Barrister and I was LIP. The bank pointed out several serious procedural errors in my injunction document, but the judge gave me leave to fix the issues and re-issue. Overall, I was well and truly “outgunned” by the Barrister.
  3. I now have a 2 pronged attack on the go. The first part has been heard and adjourned. Anyone know definitely if it is OK to post here with prejudicing either party? I don’t need further advice at the moment, just for information of others if interested.
  4. Got to admit the bank is not delaying things now, got a reply to my letter dated 25/1/18 to the CEO today. However, they refuse any removal of the late applied default. Reason is I took the matter to the FOS in Sept 2009. FOS found in favour of the bank. Reason it was clear to the FOS I had a moral duty to repay the loan. The legality of the loan was not relevant. So DX100UK, you now have your first example of a bank not removing an incorrectly applied default notice! As I suspected, and a few paid legal advisors have been telling me, this one has to go the c
  5. Two pronged attack. I will send a polite, short letter to the CEO as you suggest. I will include with that letter a covering note stating limitation is approaching and to avoide delay I have included the pre-action protocol letter. I trhink that covers it both ways.
  6. I don't like wasting 20k, but the main problem is the default, not the costs/compensation, if any.
  7. dx100UK Thank you for your reply. I tried your method (SAR then write to the bank pointing out 2 year "oversight", but as I suspected, they ignored me, same as they have been for the last 12 years. Litigating at least puts things on a timetable - albeit I may not get the result I want if you are correct in that a late default case won't succeed. Compensation whilst nice, is secondary (see post 13). I think the real problem is nobody at the bank wants to "own" the problem, I guess they don't have the time/inclination to wade through the 12 years of cor
  8. I have writtewn to the bank - they continue to ignore me, waited 1 month for reply, (just possible they did not get my letter or I did not get the reply).
  9. As stated earlier, I am waiting to re-mortgage at standard rates, I hope before June 2018.
  10. Have now read about 350pages of the SAR - nothing to indicare a loan within the terms of the CCA. In fact, only 1 referance to a loan stating interest rate and term, which is a completed spread sheet page. As the bank agree they don't have sufficient information to proceed against me, I want to proceed against them. Main purpose is to remove the adverse creit entries with CRA's. How do I complete the forms at the County Court, and what forms? I would like the adverse entries removed, can I just ask for that? Compensation (if any) is later.
  11. Thank you, County Court it is. Just added a para to my next draft letter stating its LBA. Thank you for your advice.
  12. The last solicitor issued that 2 Nov 2016. The speed of the solicitors was largely outside my control. But how to issue a court order requesting they comply? What court, County or other?
  13. agreed it is a reason to get them to court (or at least start serious negotiation). The LBA was sent November 2016 - so I guess no problem, unless it had a time limit? Agreed the correct process is required - hence my request on how to start proceedings - even if in a few weeks time. I accept the bank could comply in the next 2 days (Sat/Sun) but think it unlikely, so think I will have to issue.
  14. dx100uk In post 14 at the end you said: "if they fail that [they have 40 days] failure to comply IS a reason to get them into court its a legal document to be complied with. I would suspect that that failure might be your court route, then introduce the compo claim. but lets see." Why have you changed your mind?
  15. Hi, The 40 days for the SAR expires on 17 Dec. They haven't complied yet and assuming they don't comply, around 20 Dec I would like to issue proceedings in court for non compliance - as per end of post 14. I like the court route - limitation is less than 1 year away, and it stops the clock ticking. Questions: Do I issue in the County or other Court? How do I issue (I know about MCOL, but thats a money claim. Here its a non compliance with a legal document/request.). Please remember my main objective is to remove the default, compensation is
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