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Banking on change

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  1. Hello All, I've just discovered something that I believe is huge and many of you could be in a similar position. Last year we were taken to court by Lowell and I tried everything to defend against their SD. The judge wasn't interested and gave them the order they wanted ie bankruptcy. I wrote to Lowell warning them that we could prove they had no actual standing (another story). So far they have taken no action. Not even responded to my letters (I used the three step process as detailed elsewhere on the web). Here's the kicker We did a subject access on Lloyds and got a tone of data. Going through our statements I found a substantial balance transfer from one of our cards (non Lloyds) to another card (the Lloyds one). The amount transferred was well in excess of the outstanding balance on the Lloyds card by several thousand pounds. So you would expect the card balance to revert to zero and the extra credit to show right? Okay on the statement for the month of the actual transfer it does indeed show the several thousand pounds as a refund from Southend bla bla bla. Now at this point our balance on the card for spending is zero and we spend 2K that month. The following month the balance is the 2k we spent but our credit has vanished. The credit was more than double what we spent. Not only that but when I added up the sum of our spend plus the available balance it was 2k short of the cards credit limit!! Huhhh? Am I going to have fun with this or what. After what Lloyds and Lowell put us through both financially and emotionally I'm out for justice!!! if you ever did a balance transfer, especially if you transferred more that the debt on the receiving card, go back and check the numbers. In our case not only did they lose our cash, we then paid a very high interest plus ppi every month for 18 months on money we never borrowed!! I will let you know what the cowboys say once I hear from them.
  2. Hi Mould We already lost the SD hearing remember. had a BAD judge! And the cost to appeal in the high Court is A Whopping £235 which we do not have this close to Christmas. However, Lowwel and co don't know what's coming. I have a plan which I can't say too much about now for fear of snooping trolls. I'm sure you understand my good man. Needless to say though I will be back once said plan has been deployed and shall share with you and all what happens. Have a great Xmas Mould and all Best wishes for 2014 PS I hope you have some positive progress with your health too Mould. Take care of yourself.
  3. Okay a new development Having a sort out before Christmas and have just come across a letter sent to a DCA in 2011 with a CCA request and photocopy of a postal order. So it seems that as well as sending Lloyds a CCA we also sent one of their many DCA's a CCA too. That means that we have now requested this info at least 3 times and each time there has been no response. It looks like what they do is leave it a few years then try again hoping you have lost the initial CCA request. So very important lesson learned. From now on I'm creating a folder specifically to file CCA requests and proof of postage receipts. I wonder what lowell will make of this latest revelation. So far even after two emails and a phone call to BW Legal requesting their intentions they have not let us know if they intend to break their promise (not to go for bankruptcy before supplying the CCA) and keep repeating they are awaiting instructions from their client!!! Come on Lowell how hard can it be to decide if you really have a case??? Mmmmm
  4. Mould, so sorry to hear you are struggling with your health. Take care of yourself my friend. Wish you well!! Mjt thanks for that. I did ask the judge at the end of the hearing if we could appeal and he said yes. So I really just need to know the form required. I'll have a read of Mould's advice to wendyboats and hopefully its in there somewhere. I thought the appeal went to a higher court and therefore a higher judge?
  5. Bless you Mould Mmmm get his permission to appeal his decision. Aghhh he was horrid to my wife, the thought of asking his permission makes me sick. Do I have to do this? I'm under the impression I only have 14 days from the hearing which will make Monday the deadline. Am I able to request more time or is the document I need to submit to the court simple to complete. By the way I agree with your view that the SD in indeed the beginning of enforcement because it is requesting, no insisting "pay up or else!" Seems like enforcement to me. Have a wonderful week end Mould
  6. Can any one tell me what form I need to appeal the judges decision. I've looked everywhere online but can't find a definite answer. I need a form to challenge the judge for err at law and it needs to be on by Monday!
  7. Hi UB I take your point but personally I disagree (but with the disclaimer that I'm learning lol) My understanding is that the cca is a statute law? If so it clearly states that a creditor may not pursue a debtor until it has fulfilled the obligation to supply the docs requested under the relevant sections. So clearly until lowell or any other DCA have these docs in their possession any action taken is contrary to the law. If we look at the time frame given to produce ie 12 + 2 one would also think that they need the docs in their possession to comply as requesting these from the original creditor who has (washed their hands of the matter) is clearly going to cause a problem. The irony is, from what I've learn recently, our legal system is based on the old Admiralty law which governed ships and is therefore contract law. Yet in our case no contract was produced! No default notice re the contract was produced. Mmmmm I've also since googled the judge in question and found him accused of failing to admit important docs in another case where a chap faced bankruptcy due to a much bigger case against the Shell company where the guys house was built on a contaminated land (reported by Channel 4 program) The plot thickens.
  8. Hi UB They've had over a year to comply lol I'm confused, I thought the legislation stated that they cannot pursue any debt where the CCA has not been complied with. To me this reads as it should not even enter a court until the docs have been supplied. "If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement" You cannot enter the correct amount on an SD without the required info and having found some old statements showing substantial ppi the amount on the SD is obviously wrong. And in Brandon v Amex I think the appeal was upheld due to a faulty DN. Neither Lloyds nor Lowells have even produced a DN Cheers
  9. Mould You are a diamond!! Re your comment: "In relation to your second paragraph above, my opinion would be that you contact the creditor direct and make your reasonable offer to him in writing. Forget trying to negotiate through his instructed sols." I'm not sure I follow what you mean by make a reasonable offer. I'm not looking to make them any offer, I'm looking to challenge their win re my set-aside being refused. So I'm going to file an appeal. Any guidance on this would be very much appreciated. It has to be done by Monday I believe. I wish to argue that the judge was err at law as there was no CCA, no default notice and ppi on the account.
  10. Okay just read the wendyboats case. Mould you mentioned the ppi being a potential for appeal. My wife was (and is) self-employed Has previous medical issue (lifelong) Never requested PPI Clearly a miss-sold policy In our case the ppi is substantial, over £50 per month for about 3 years I think. Just looked at a statement and horrified to read: automatic dd payment of 208.26 Payment Protection of 54.09 interest 154.10 In other words exactly what the bank probably loves, an account going nowhere and netting them over £200 every month for doing nothing!!!!
  11. We have now decided to CCA every account we've had over the past 10 years. Can anyone advise if each account needs a separate CCA or can we put all accounts from an individual bank on one document to keep it simple? Also the CCA templates all specify a postal order, can we substitute a cheque? And if we can put multiple accounts on one doc do wee need to add £1 per account? Thanks guys (DCA's take note - When you cast the first stone expect some rocks to come your way lol)
  12. thanks UB There has to be something very wrong in a judge reviewing his own decisions at appeal. I'm sick of this and I refuse to lay down and die. So if that did happen I would make a complaint against the judge. It's nuts that any person could hear a case against themselves. Surely prejudice/conflict of interest is an obvious argument against this. Surely if a judge makes a ruling that is err in law, and then rules in his own favor in an appeal (making the error twice) the law society or whatever their governing body is must look at it?? Any way no intention of giving in and more than willing to personally protest (peacefully) outside the court. I will do what ever it takes to bring attention to the actions of this judge. At the end of the day if Lowell make us bankrupt and the judge is complicit in this, I have nothing else to lose. Our case was no different to Gf2K and he won his so there has to be something wrong with any case where there is no CCA and the judge rules for Lowells. Is there any way to get access to statistics on this? So BW and Lowell if you are watching this thread (probably) take note, I will fight you all the way and then some!!! When a man has nothing else to lose this is when he is most dangerous.
  13. Yet More Proof of the Judge Lottery!! Yesterday I consulted a solicitor in my area. I explained what happened last week and he looked at the case. After reviewing the case he said "Who was the judge?" I said "Can't remember I'll look at the court order." Whilst I searched throught my docs to find it he replied, "Was it judge *********." He was spot on! I said "oh he has a reputation then", to which he replied "I can't comment." Mmmmmm say no more. Our case was as I though, very tight but we were unfortunate enough to have one of those judges. Like I said earlier the decision was made before we entered the room. So on direction of the solicitor I read the CCA 1974 again. He suggested appealing on a point of err at law. The act is legislation right, and therefore a statutory law, and clearly states if the original CCA is not produced the claimant is not entitled, while the default continues, to enforce the agreement. "(6)If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement; " Any thoughts on wording our appeal? Thanks
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