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Josamolly

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Everything posted by Josamolly

  1. yeah why not. A phone call wouldn't hurt.. i had mine from the Halifax within the 40 days.
  2. Well, wqho'd have thought little ol' you would get offered soooooooooo much money, only to turn it down.. Goofy won't be happy!! Well done Trish, i'm sure the defence will be winging its way to you short(l)y...LoL... then you will be in for some fun... but as always, everyone is about to help if needed... Jos
  3. No problem.. please start a thread in your relevent bank forum so we can see your progress.
  4. Ok. Lets take one point at a time.. They have recalled your OD. They can do this and they have given you notice also. Personally, i would open a new basic account and have all of your money paid into that, then they can't get their hands on it. You will then need to write to them and offer to pay the OD off at a montly rate that you can afford. And stick to it. So far they haven't closed your account, but if you do as suggested it won't matter anyway... Legally they can't take away your benefits to pay off debt, but i am sure they will try. you have what is called a Right of Appropriation, which you can read about in here.. http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html?highlight=dss Hope this helps..
  5. Yes of course you can.. Ask them what information they require to help them locate your account
  6. its a list of all the charges, here is a spreadsheet to list them all on.. Interest Spreadsheets
  7. Here are some links that you will find useful... and start a thread in the relevent bank forum.. Interest Spreadsheets Court N1 Form Court Bundle Preparing a Court Bundle Moneyclaim Online Court Fees FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide
  8. One of two things.You will either get an offer very shortly, or a copy of the defence will land on your doormat.. If it is the former, make sure you get the payment cleared thru your account before notifying the court.. If its the latter, have a good read at other Nationwide successes... and start a thread in that forum. http://www.consumeractiongroup.co.uk/forum/nationwide/
  9. Hi and welcome to the forum Zorb. Personally i would send them to the registered address... Secondly, i would not be happy with 80%, 100% has to be the goal.. just my opinion. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is start your own thread in here. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  10. defence now sorted, thanks to the guys that have contributed...Just need a few words now about LA and then await the AQ and defence sent from the court.. After a lot of thought i have decided not to post it up for now. Various reasons for this but the main one is the constant monitoring of the site, i believe, and therefore don't feel that i want to give them an advantage.
  11. Very similar claim to mine, in fact almost identical.. and mine also has a very small element of SoLA due to the incompetence and undue delay of NW.. And as mine is already filed and i have the defence, we'll see how both claims pan out.. Jos
  12. Hi and welcome to the forum Chunky. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is find your relevant banks forum and start your own thread in there. http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/ I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  13. Hi and welcome to the forum. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is find your relevant banks forum and start your own thread in there. I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  14. Hi and welcome to the forum. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is find your relevant banks forum and start your own thread in there. http://www.consumeractiongroup.co.uk/forum/natwest-bank/ I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  15. The mortgage won't be affected one jot.. the bank account may get closed but is doubtful.. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is find your relevant banks forum and start your own thread in there. I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  16. Its the way that contractual interest works texel.... it accumulates over the whole 6 year period.
  17. Hi tumble there are some real stars on this site, and some very good people. I am humbled by the depth of knowledge that the one's who are 'good with words' have. I will post my first draft of my reply as and when i have put it all together... Again i have recieved much support from the wordsters
  18. yeah i think you should go for the whole lot.. Great wording by the way. Jos
  19. Thanks Glenn.. Been trawling the site all morning so i can piece together my reply at some stage.. Anything that you can help me with would be greatly appreciated, as always, and any links to other nice snippets would definitely be helpful.
  20. The defence arrived today!! Got home and there it was, duly signed by the enagmatic Lynsey Bourgoyne.. So, here it is... Defence 1. This defence is filed without prejudice to the Defendants case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the PoC or any other sum(s). In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the claimant proves the allegation that the defendant debited charges to the Claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this aspect of the clam and/or for summary judgement. 3. On allocation the Defendant invites the court to direct that there be a case management conference in order form the court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise the claim. 4. No admissions are made as to what charges have been debited to the Claimants bank account. 5. In relation to the allegation that the bank charges amount to an unenforceable penalty the Defendant pleads as follows: 5.1 In order for the Claimant to sustain a claim that the charges debited by the Defendant are in the nature of a penalty the Claimant will need to plead and prove (a) the clause(s) pursuant to which the charges were applied; (b) that the charges were applied due to a breach of contract by the Claimant; and © identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to. As presently pleaded the claim does not plead to these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any or the charges referred to in the PoC have been applied pursuant t an unenforceable penalty clause. 5.2 Until such time as the Claimant pleads the matters referred to in paragraph 5.1 above the Defendant is unable to plead to the claim brought against it and therefore (pending the provision of full and proper particulars of the claim) at this stage denies that any charges have been applied to the claimants bank account pursuant to unenforceable penalty charges. 6. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are invalid pursuant to the Unfair Contract Terms Act 1977 (UCTA 1977) and/or the Unfair Contract Terms in Consumer Regulations 1999 ( “ the Regulations”) and/or section 15 Supply of Goods and Services Act 1982 (SGSA) 6.1 The Claimant is required to identify the contractual provisions that are alleged to be invalid by reference to UCTA 1977 and/or the Regulations. Until such time as these provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 6 above. The Defendant therefore reserves the right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual provisions. 6.2 In relation to the case or the Claimant that the contractual provisions are invalid pursuant to section 4 UCTA 1977 then it is a case of the Defendant that the section is not applicable as any contractual provisions relating to charges do not relate to the Defendants liability for negligence or breach of contract. 6.3 In relation to the case of the Claimant that the contractual provisions are invalid pursuant to the Regulations of the Defendants pleads as follows: 6.3.1 Schedule 2 to the Regulations is an Indicative and non exhaustive list of terms which may be regarded as unfair (emphasis supplied). 6.3.2 If the Claimant is to rely upon paragraph 1(e) of schedule 2 to the Regulations then the Defendant will require the Claimant to plead and prove in relation to each bank charge that is sought to be recovered the matters referred to in paragraph 6.1 above and all facts and matters relied upon alleging that the sums paid are disproportionately high. 6.3.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions (whatever they are alleged to be – see paragraph 6.1 above) falls foul of the Regulations and in particular paragraph 1(e) of Schedule 2. 6.3.4 The Defendant is therefore unable (save as appears below) to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the Regulations. The Defendant reserves its right to plead further to this allegation once (and if) the particulars referred to in paragraph 6.3.2 above are provided. 6.3.5 Without prejudice to paragraph 6.3.4 it is the case of the Defendant that the Regulations have no application because the charges amount to payments for services provided by the Defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles fairness under Regulations. 6.4 In relation to the case of the Claimant that the charges are unreasonable within the meaning of SGSA section 15 the Defendant pleads as follows: 6.4.1 The Claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the Claimant and the Defendant which mean that pursuant factors (referred to in section 15 SGSA) concerning the contract between the Claimant and the Defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract. 6.4.2 Further, the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable, (b) all facts and matters relied upon by the Claimant in support of this case and © what charges would have been reasonable. 6.4.3 In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section 15. 6.4.4 In the circumstances (save as appears below) the Defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The Defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraphs 6.4.1 – 6.4.3 above are addressed. 6.4.5 It is the case of the Defendant that the contract between the Claimant and the Defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the Claimant and the Defendant and (b)was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the Defendant. 7. If, which is denied,the Claimant is entitled to the return of the amounts debited in respect of charges, the Defendant denies that the claimant is entitled to claim interest at a rate of 29.5% or 16.99%. 8.Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all. LCB So, how does that look.. taken me ages to type it all out and it seems like a big 'un.. far too late for me to decipher exactly what it all means, so i will do that tomorrow.. But feel free to break it down, comment, advise etc... Does it look bog standard?? Reply needed to be sent soon i guess
  21. Start your own thread in here... http://www.consumeractiongroup.co.uk/forum/abbey-bank/ I would personally stick to your own timescales. Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  22. Yes, you did deserve to get charged, but not to the extent that you have been penalised. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. This site is all about EMPOWERMENT and you will gain the confidence that you will need. The excellent A-Z guide compiled by Michael is a fantastic source of information. But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, but you do need to be prepared. Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators, helpers and current users really are a very nice bunch. Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. The first thing you need to do is start your own thread in here. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ I have put some useful links onto the thread that you can refer to when needed. Good luck. See you at the other end…… Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  23. You have 2 choices when you file at court. You either do it online or complete a N1 and send it in. Personally i would do a N1. But, you need to read the FAQ pages first and then you will know what is likely to happen. Also read some of the other threads and then you will gain the knowledge that you need Start a thread in here... http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ Some useful links.. FAQ's Step by Step Guide If you wish to make a Donation A-Z Guide Making Posts Start a thread Letter Template Library Rejection Of Settlement / Good Will Gestures Interest Spreadsheets Contractual Spreadsheet Court N1 Form Court Bundle Preparing a Court Bundle Bank Contact Details Moneyclaim Online AQ Guide to Completion Court Fees Data Protection non Compliance Witness Statements for Court Bundle Banking Code Website Limitations Act Fast Track Costs Scottish Procedure Scotland Forum
  24. I hope so... i'm sure i will get the inevitable defence tho, followed by the AQ etc... But i'm quite a patient guy and thye have no idea yet that another claim from 1990 - 2000 will be with them once i have recieved my statements.. A lot of reading to do for that tho...
  25. Still awaiting NW defence.. it was served on the 29th Jan which i believe gives them a deadline of Monday 26th Feb.. getting bored now...lol
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