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Everything posted by Stornoway

  1. Bump.... Sorry to ask again but all announcements I have seen so far refer to overdraft charges - anyone know for definite if credit card claims will proceed as normal and be dealt with by the courts / FOS without a stay ?
  2. Halifax are saying that they believe it will take 12 months to resolve.
  3. Can anyone tell me whether we can continue claims for credit cards ? I have 1 credit card claim at court and 4 with the ombudsman.
  4. I have a £4.5k credit card with HSBC and have established that there is no Agreement in place. I have accordingly written to them several times to highlight that the debt is unenforceable and their response is that there is still a debt (true) and they wont remove the default on my credit file. I've offered to settle for 25% of the debt outstanding but they have refused to accept abd now i'm being hounded by a debt collector who is threatening to visit the house. I know they cant take me to court to enforce and expect to win but .... I will end up in the divorce courts of they send round a debt collector. Any thoughts / recommendations on how to proceed next ?
  5. With co-op it was an identical letter so they have more of an argument to ask for it back but .... they are only paying me charges refund + 8% stat interest so they can sue me if they want and i'll counter sue for interest paid on the charges plus difference between the contractual interest claimed and the 8% interest paid. MBNA, dont have a leg to stand on as second time round I simply asked them to remove default and in response they said no but here is another £x for you to go away. The history is that the paid half my claim after prelim then remaining half after LBA and someone has obviously forgotten to make a note of the LBA payment. It was a similar story with Abbey.
  6. From about 8 claims, so far we have been paid twice by; - Co-op £300 at LBA stage - Shabbey £1700 at LBA stage - MBNA £1200 at LBA stage Is this happening to other people ? Some of the banks are obviously in a real mess.
  7. Some lateral thinking which may or may not work.... A crossed cheque payable to you and ex basically means that the cheque must be paid into a joint bank account. However, this doesnt stop many of the high street cheque cashing businesses from cashing crossed cheques on the spot provided you can provide proof of address and ID (albeit for a fee of c.5%). These businesses (ie cheque centre, cash generator, local pawnbrokers etc etc) also provide a service to people who dont have a bank account whereby they will let the cheque go through their business account then release cash when it has cleared. It would be well worth asking one of these businesses whether they can cash a joint cheque for you.
  8. Thanks Dusary - love the new avatar BTW. Court bundle was delayed until after hols but in the interim period both Barclaycard and First Direct settled claims on the day before court (both with contractual interest) - i'm now on a roll ! The court bundle is almost ready to go and its long at 112 pages. I want to do a little more research on claiming contractual interest so may add another case law example if I can find something relevant. I have also written to the court to ask if the allocated time for the case can be increased from 10mins to 2 hours. Here is what I have in the bundle so far; Documents Description Pages Correspondence 1 - 8 Statements 9 - 55 Latest Schedule of Charges 56 - 57 Relevant Case Law 58 - 60 Early Day Motion from Houses of Parliament 61 Dunlop v New Garage 62 – 63 UTCCR 1999 64 – 74 UCTA 1977 75 - 83 SOGA 1982 84 – 96 OFT Statement Summary 97 – 99 Copy Terms and Conditions 100 – 103 Sheldon v Outhwaite 104 – 137 Disclosure Orders 138 Response to Citicard Defence 139 - 142
  9. He should try putting a claim in against Citicards - then he'll know just how frustrating the process can be.
  10. DG wrote to me 1 week after i sent them my court bundle offering 50% of claim, I didnt even bother to respond. On the day before court I received a cheque for full claim which included compounded interest paid on the charges and contractual compound interest. Hang in there.
  11. Received cheque today in settlement of claim. The story : - statements received 20th Jan - prelim sent 5th Feb - LBA 20th Feb - Derisory Offer recd 22nd Feb and rejected - Court Claim launched 10/4 at Morpeth and Berwick 7MP00348 - Defence submitted 16th May. - Court date set for 18th July. - Court Bundle submitted 17/6 - Nudge letter to DG Sols and First Direct sent 17/6 - DG offer c.30% of claim 4/7 (ignored) - Cheque received 17/7 for full claim (day before court) Claim was for; - charges 373.00 - interest 114.02 - CONTRACTUAL INTEREST 114.02 (at the same rate as charged to me) - court fee 80.00 - TOTAL 681.04 CAG donation when cheque received !
  12. Good post Peter - but how do I find out what the prescribed terms actually are ?
  13. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=precedent You are taking the correct approach - you never know it may slip through the net at the unauthorised rate.
  14. There was recently a precedent case for contractual interest (which i think was against halifax) and the CAG claimant lost. I dont think we have much prospect of successfully claiming contractual now.
  15. Starting to get my court bundle together - ideally I want to get it out the way before I go on summer hols. Have noticed a few mistakes in the Citi defence document including the fact that they claim to have paid me c.£500 being the difference between the charges and the OFT £12 - this is simply not true, I 've had nothing off them so far. I'll enjoy highlighting the mistakes to the judge.
  16. Thanks Talking Heads. In your case did FD fail to file a defence or an AQ ? Did they pay quickly or was it drawn out ? Thanks
  17. I have two claims on the go at Morpeth Court v First Direct. Case 1 - FD Credit Card for about £600 incl contractual interest and refund of interest paid. DG Solicitors have failed to lodge an AQ and in response to my AQ the judge has set a date in July for the case to be heard. The judge also gave special directions that if FD do not file an AQ by 15/6/07 then their defence will be struck out. Case 2 - FD current Account for about £3000 incl contractual interest plus default removal. DG Solicitors have failed to lodge a defence (required by 30th May). My question is - do I apply for judgement in both cases and if so how likely are they to ask for a stay or will they pay out. Also can they ask for a stay in Case 1 when the defence has been struck out ?
  18. RBS have no credit agreement for my credit card and "discharged" the debt simply upon me asking for a copy of the agreement. They are refusing to remove default but I will take them to court over this once my charge reclaims are complete. Trading standards take the view that they shouldnt file the default info but the Information Commissioner takes an opposing view. Thankfully Trading Standards have recently written to the IC on this matter and asked them to reconsider their position - at the moment we are waiting to see what the response will be. If you do a search under LACORS then you should get more information on this recent correspondence between the two.
  19. Out of interest Nikki have you claimed statutory interest in the alternative to contractual - ie. if the court doesnt agree that contractual is appropriate then are you asking for statutory ?
  20. I've had a pile of these cards and its all in the ambiguous way it is written - when it says "called" they are talking about a telephone "call". We have a great word for MBNA here in Scotland - eejits.
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