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121o121

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Everything posted by 121o121

  1. If your are claiming statutory interest at 8% make sure this is broken down in your charges document.
  2. It basically means they will not list you your charges, but will suply you with copy statements. You will have to go through them yourself and obtain the necessary information from them. As you can only claim back 6 years, information not being available prior to 2000 is irrelevant. As long as the information arrives within your time limit, they have completed their obligation under the data protection act. Receiveing your £10 cheque back is also a bonus. Hope this helps
  3. All Moneyclaims are dealt with at Northampton County Court. Once a defence has been entered it will be transfered to your local County Court. Send the letter below with a copy of your schedule of charges document. (Karnevil acknowledged)
  4. Hi Aureole, and welcome. The whole process is relatively straight forward as long as you stick to the templates in the library. Once your bank enters a defence and the claim is transferred to your local County Court, it can then follow a number of suits. Next step is to read up on the allocation questionnaires so your ready when you receive yours. The MCOL site is brilliant. So straight forward even I managed it.
  5. The account you are accpepted for and overdraft given (if any) will depend on your credit history. In my opinion, I doubt any bank will give you a £1400 overdraft straightaway as a new customer. But again that depends on how good your credit is. If credit history is a problem, many banks offer a basic account such as the NatWest Step account or the Halifax Card Cash, although these accounts do not offer facilities such as cheque books or an overdraft.
  6. Hi Irishchick Have a nose through the current MBNA claims and see for yourself. http://www.consumeractiongroup.co.uk/forum/mbna/ Look through the FAQ section and step by step guide to understand the process. Start your own thread in the MBNA section. Good Luck
  7. Hi Sammyhoney. Yep, this is the right place. Which bank are you taking on?
  8. You can either deliver the letters to your local branch (staff their will ensure they are forwarded to the relevant department) or send via post to their head office. Which bank are you claiming from?
  9. Will the second garage be prepared to put it in writing for you?
  10. Hi Monkey Welcome. You've come to the right place. The best advice for a newbie is to start by reading both the FAQs and the step by step instructions. Theres plenty to get your head around, but it will slowly make sense the more you read. Have a read in the catagory your bank is in. This will give you a taster of whats to come and ensure your prepared. Once your ready to get going, start your own thread in your banks forum and keep us updated on your progress. That way the right people can advise you should you need any help. Good Luck
  11. Thanks Jonni2bad Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Maybe a G under the defendants directions along the lines of: .
  12. I know what you mean. I have already won my previous claim with Lloyds. Am now in the process of starting again. Have told them if they settle now they'll save my costs and interest at a later date, but they haven't even acknowledged my letters. Doesn't bother me, I know what I'm doing this time round.
  13. It sounds like an allocation hearing which will determine which track your claim is allocated too. Can you type out the exact letter you've received? That way you can be advised more accurately.
  14. I think the above would look better in an envelope addressed to: HALIFAX PLC TRINITY ROAD HALIFAX WEST YORKSHIRE HX1 2RG Go on, Go on, Go on.....
  15. Well done excuseme, and sorry no one replied to your first post. Halifax settled my claim after my prelimary letter (like you), but in some cases they drag it out all the way. I guess your either lucky or unlucky. Well done on your victory.
  16. I wonder if this would be worth including in the draft directions we put with our new templated AQ? Any comments?
  17. I agree Jackster, and as seahorse says, if it won't affect you current job then go for it.
  18. Hi Stuflo Out of curiosity, how much have they offered in respect to the preperation of your bundle? Would be good to know what they deem appropriate.
  19. Hi Bishop http://www.consumeractiongroup.co.uk/forum/abbey-bank/ Good Luck
  20. I was unaware of this, probably because Nationwide is the only bank I'm not making a claim against. If it can be shown you we're threatened and intimidated by the bank to accept the amount, then why not. I would also look into making a comlaint with the omnibsdman (i know its spelt wrong). I believe it would strengthen your case if a bundle is to be submitted at a later date.
  21. If you haven't already done so, start a seperate thread for each claim your making. That way, the right people can reply to the right claim.
  22. Even to start a counterclaim, they must still produce evidence of costs of that counterclaim (if that makes sense). Just because the OFT ruled it probably costs no more than £12 for a breach, the banks still need to disclose this information. And on another note.... It is of my opinion that if monies were accepted as final settlement, then you would not be able to pursue them for the rest. It appears documentation has been signed to prove this. Really the monies should have been accepted on the understanding the remainder will be persued through the county courts. A read of the rejection of settlement letter in the templates library should explain. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html
  23. Hi Tricey The 40 days are calender days. Regardless as to when they hope to get back to you by, stick to your time limits, not theirs.
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