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Posts posted by zoe130280

  1. Hi everyone, I'm really sorry that I have not posted any update for a while but unfortunately my husband's mother has recently died and things have been very hectic :(


    I received an offer for £1166.00 which I accepted on the basis that they also refunded a further £125 charge that had been levied since and that they paid me in the form of a cheque.


    To be honest we have had some much going on that I decided that I would just accept the offer rather than issue proceedings for the remaining £300.


    Once we have sorted our heads out a bit more I will start on my barclaycard - maybe I won't be so nice to them ;)


    Love Zoe x x x

  2. Sorry for any confusion. No ill feeling was meant :(


    "If you tried to issue a claim with the court for charges older than 6 years, it would be thrown out due to limitation".

    I didn't explain the meaning behind my post very well I'm afraid. I wasn't thinking about s32. I was thinking about contract law in general. Once again, sorry for any confusion.

  3. I just think that you would have a hard job proving that the banks have 'deliberately concealed' your right of action, but I certainly wish you the best of luck trying :)


    When I mentioned issuing proceedings within 6 years, I was talking generally about the limitation period, not with using s32 LA 1980. Sorry if this has confused anybody :(



    "This is quite incorrect. It's 6 years from the date you first dispute the charges, which is either from when you first send your S.A.R - (Subject Access Request), or when you send your prelim"


    This is also incorrect. The 6 years runs from the date you discovered you have a right of action. This is a different thing than the date when you first dispute the charges. Someone could take months after discovering they had an action before doing anything about it.

  4. The reason you cannot go back further than 6 years is because the limitation date for contract law is 6 years. In other words to enforce anything under a contract, you have to start court proceedings within 6 years of the date of the thing you are trying to enforce.


    Ie in this case, the first charge you are reclaiming must not be dated more than 6 years from the date you issue court proceedings.


    If you tried to issue a claim with the court for charges older than 6 years, it would be thrown out due to limitation.


    HTH x x x

  5. The N1CPC is just the web version of the N1 which is the claim form. I expect they mean you have to fill out another claim form with the amendment on and then also fill out an N244 form which is the notice of application.


    Once you have sent these to the Court and they have approved your application they will send you a sealed copy of the claim form (Has their stamp on it) a copy of which you will then have to send to DG Solicitors telling them you are sending it to them by way of service.


    At the same time, you need to send a certificate of service (N215) and sealed copy of the claim form to the court to show when you served it upon the solicitors.

  6. Just a thought, but I am sure I read somewhere, that if they offer you the full amount, which they technically have, I have to accept it. Does that throw another spanner in the works?



    - If you are going to send the above letter then there is no harm in seeing where it gets you for now. If they send you a cheque for the partial payment then you do not have to worry about them withdrawing the offer. If you decide that you do not wish to carry on with the rest of the claim at any point then you can just inform them and the court that the amount is now accepted in full and final settlement.

  7. The letter looks fine. I would only put the bit at the bottom if you are going to amend the claim form. Other than that it looks great :)


    They have put "Without Prejudice" at the top of the letter so that if you don't accept the offer they can simply withdraw it and they are not held to it. Any letters that are headed "Without Prejudice" cannot be seen by the judge until after the final hearing. It is normally used with regards to costs.

  8. I've just looked quickly and if you need to amend it, you do need to make an application.


    Here's the bit from the HMCS website:


    Q. I need to make an amendment to my claim how do I do it?


    A. Once the claim has been issued the court cannot change any of the details submitted without an application and request to re-serve the claim. You must complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details. The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due.


    It is quite complicated to be honest. You would be better trying to get the interest without doing it for now.

  9. As far as I know, you can amend claim forms whenever you like. I'm not sure whether the process for doing so is different with MCOL than it is with a normal claim though. You would normally either need DG Solicitors to consent to you amending it, or make an application to the court to amend it, but not sure if this is the same with MCOL. For now I would bring up the interest point with DG Solicitors and see what they say.

  10. Anything that you write to DG Solicitors now is by means of negotiation. I would write to them and say that although there is a slight error on the claim form, it is clear from the particulars of claim that the amount of £429.31 is due by way of interest and that you want this in addition. If they don't agree, tell them that you are quite sure that if the matter went to a full hearing, that the judge would award interest to you. Also tell them that you do not think it is necessary for you to amend the claim form.


    Also, in relation to some of the charges being outside the 6 years, the "6 years" deadline is the limitation date for all Contract cases. The rule is that you have to have issued your claim with the court by the 6 year deadline. If you have done that, then they will be included.

  11. Just to update, I have sent my LBA recorded delivery today. Have heard nothing from HSBC so far. I'm hoping I will get at least a partial offer before I have to issue proceedings as it's gonna be tight to find the issue fee otherwise! I know I will get it back but it's finding the money now that's gonna be tricky!!

  12. Hello!


    Just thought I would let everyone know how I am getting on. I bypassed the S.A.R - (Subject Access Request) as I could access 6 years worth of statements on the HSBC website. I sent my prelim letter on 7th September 2006 and currently have a post-it note on my PC reminding me to send LBA on 21st.


    I am a trainee solicitor so deal with Courts quite a lot. I am therefore not in the least bit hesitant to take the *****ing B$$tards to a full hearing if necessary.


    What I find astounding is that I am still getting charged at the same rate! Do they not learn? I have another £125 overdraft charge waiting to come out on 4th October!


    Will try and update the site with each step.


    MOD - We can't allow potentially libelous comments - JMio

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