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Trish76

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Posts posted by Trish76


  1. Yes thats correct, you can only claim the Section 69 Interest when filing your claim through the courts.

     

    With your first 2 letters did you not send them a breakdown of the charges you were claiming back?

    • Haha 1

  2. Hi and welcome to the site,

    tongue2.giftongue2.gif

     

    You've definately taken the first step into claiming back what's rightfully yours.

     

    Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

     

    Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

     

    Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

     

    All the best in your claim!!

    wink.gif

     

    TRISH

     

     

    Useful links to help with your claim

     

     

     

     

     


  3. Hi and welcome to the site,

    tongue2.giftongue2.gif

     

    You've definately taken the first step into claiming back what's rightfully yours.

     

    Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

     

    Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

     

    Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

     

    All the best in your claim!!

    wink.gif

     

    TRISH

     

     

    Useful links to help with your claim

     

     

     

     

     


  4. Ignore the 8 week response letter, this is your claim so you determine the timnescales, continue with your LBA if the 14 days from the prelimunary letter have passsed. You don't include the 8% interest yet though, you can only claim this once you reach the court stage.


  5. Hi snowwhite,

     

    If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

    If the bank does not respond to your 7 day warning then begin your complaint and start your action.


  6. By saying you've sent the 3rd letter I'm assuming this is the LBA, if this is the case then you should now proceed with court action and either file your claim using MCOL or the N1 form. This is your claim so you decide the timescales, no response from the bank within these deadlines mean you should continue with the next stage.


  7. If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

    If the bank does not respond to your 7 day warning then begin your complaint and start your action.


  8. Hi and welcome to the site,

    tongue2.giftongue2.gif

     

    You've definately taken the first step into claiming back what's rightfully yours.

     

    Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

     

    Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

     

    Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

     

    All the best in your claim!!

    wink.gif

     

    TRISH

     

     

    Useful links to help with your claim

     

     

     

     

     


  9. Hi chriselaine,

     

    You will not need to take up the offer of the court mediation service, this is standard for them to send this out.

     

    In regards to the AQ

     

    See here:

    Allocation Questionnaires - A guide to completion

     

    You could also propose a Draft Directions Order:

    New strategy for Allocation Questionaires

     

    Other Information - Section G:

     

    I am respectfully requesting that my claim be allocated to the small claims track.

     

    This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

     

    However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

     

    Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

     

    It's a bit of squeeze, but very important you enter all the details.

     

    Include copy of schedule

     

    Cheque to HM Courts Service

     

    Fee will be added automatically to your claim

     

    Send copy of your AQ to DG

     

    Hope this helps!! wink.gif

    • Haha 1

  10. It is totally normal for your claim to be transfered for future proceedings.

     

     

    For help with the AQ See here:

    Allocation Questionnaires - A guide to completion

     

    You could also propose a Draft Directions Order:

    New strategy for Allocation Questionaires

     

    Other Information - Section G:

     

    I am respectfully requesting that my claim be allocated to the small claims track.

     

    This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

     

    However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

     

    Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

     

    It's a bit of squeeze, but very important you enter all the details.

     

    Include copy of schedule

     

    Cheque to HM Courts Service

     

    Fee will be added automatically to your claim

     

    Send copy of your AQ to the Bank's Solicitors

     

    Hope this helps!! wink.gif

    • Haha 2

  11. One thing I will state though. With the court bundle you will need 3 copies so it might be worth holding fire on printing it off just yet as there will be a hell of a lot of paper usuage and it may not even get as far as you having to actually submit your bundle.


  12. If you're at the stage of filing your claim through the courts then YES you can now claim 8% interest on the charges under Section 69 of the County Courts Act. If you enter all your charge details into one of the spreadsheets in the Templates Library this will calculate the interest for you.

     

    With regards to completing you N1 this link will help:

     

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html


  13.  

    Had two letters from Barclays yesterday stating that they have cancelled my cheque book, debit card and all direct debits. Seems they want to play hardball. Monday is 14 days since they recived my 14 day ultimatum so I think it's time for a visit to MCOL

     

     

    It's not uncommon for the banks to retaliate in this way, although the cancelling of direct debits seems a little on the steep side. Are these active DD's which you need to remain open??

     

    Stick to your guns and file your claim through the courts on day 15, they are well aware of the timescales so don't give them any extra time!!


  14. The courts do tend to be dispensing with the Allocation Questionaires, probably due to the simple reason that they all come back the same and therefore the courts are able to allocate the track required without actually having them.

     

    Just a little less paperwork for them I guess.

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