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stewart70redwood

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About stewart70redwood

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  1. Hi Everyone I wonder if I can get some advice? I took out car insurance with Swinton, but because I did not hold a bank account, I had to come in person to the office each month to pay the installments. They said they would send out a letter to remind me each month to pay, however, they did not send out a reminder letter and I would had been late paying, which I was. I went into the office to pay 2 weeks later, but they said they had already sent out a letter, stating that the policy would be cancelled in 7 days, despite me willing to pay. I want to know why the cancellation process cannot be stopped? I was unaware of this action when I took the policy out and I do not have a credit agreement in my person, any advice? Is there an case about them not sending out the reminder letter? Why are they so strict on deadlines etc etc and why did they not explain this before? Stewart
  2. Hello I am trying to recover my bank charges from Lloyds, and I sent a template letter requesting the full amount a few months ago. They sent me a reply stating that they could not do anything until the test case was heard. To my astonishment, they closed my account and handed it over to a debt agency. I was overdrawn by £120.00 all due to bank charges, what is my next move? Do I have a legal right to challenge still? How do I deal with the Debt agency?
  3. Thanks very much 1. Can I claim compensation on top?
  4. Don't worry, I am going ahead, but I was on 'This is money' forum and had a toatally different reponse from people, some saying that you should keep your accounts in an orderly fashion and this would never happen. I gave as good as I got! Anyway, the Banks can legally charge, which I work out at about £4.50, this amount truly refects the cost. I don't mind paying charges if it falls into that calculation. So I am not against the bank charge but the 'contract' that they have broken, what they have done is unethical & unlawful. I want them in court over the 'contract issue' regardless of how much they want to compensate me. If they have wriiten calculations to justify their charges, I will be happy to listen to them in court. Stewart
  5. Hello everyone Just in the process of going via the small claims court claiming back charges from Lloyds, however I am not a lawyer, don't think I need to be anyway because Lloyds will never turn up in court anyway, however I do need back up and research. 1. What is a reasonable offer? What percentage of the initial claim is acceptable and do I have to accept this without jeopardising my case? I have heard rumours that the judge can throw a case out because of the latter. 2. What is an 'unlawful act', my definition is one being without legal justification, does that mean the Banks are not acting illegally? Any case histories? 3. The 'Unfair terms in Consumer Contracts Reg (1999) relates to a penalty charge, my worry is that the Banks can argue against the term 'penalty' and refer to 'SERVICE CHARGE', Can someone eleborate on this please and give any examples? 4. So the Banks have never defended any'Bank charge' claim, is this because all claimants have accepted offers? If however, I refused and demanded full amount and compensation would the hearing still go ahead despite the defendant attending or not? Can a judge rule in favour in absence of the defendant? 5. So, what are we claiming against? Are we challenging the Banks purely on the refund of our money or challeging them on breaking the Contract and acting 'inlawful'? Can you challenge the claiment on just the latter only, regardless of any offers? Excuse my spelling and look forward to talking Stewart
  6. Hello everyone Just in the process of going via the small claims court claiming back charges from Lloyds, however I am not a lawyer, don't think I need to be anyway because Lloyds will never turn up in court anyway, however I do need back up and research. 1. What is a reasonable offer? What percentage of the initial claim is acceptable and do I have to accept this without jeopardising my case? I have heard rumours that the judge can throw a case out because of the latter. 2. What is an 'unlawful act', my definition is one being without legal justification, does that mean the Banks are not acting illegally? Any case histories? 3. The 'Unfair terms in Consumer Contracts Reg (1999) relates to a penalty charge, my worry is that the Banks can argue against the term 'penalty' and refer to 'SERVICE CHARGE', Can someone eleborate on this please and give any examples? 4. So the Banks have never defended any'Bank charge' claim, is this because all claimants have accepted offers? If however, I refused and demanded full amount and compensation would the hearing still go ahead despite the defendant attending or not? Can a judge rule in favour in absence of the defendant? 5. So, what are we claiming against? Are we challenging the Banks purely on the refund of our money or challeging them on breaking the Contract and acting 'inlawful'? Can you challenge the claiment on just the latter only, regardless of any offers? Excuse my spelling and look forward to talking Stewart
  7. I am a customer of Lloyds TSB, I am in the process taking out a small claims against Lloyds using the downloaded template, however I need to find out more in depth information about the law. 1. What percentage of the initial claim is accepted as an reasonable offer by Lloyds before it goes to court? 2. If I refuse a 'reasonable offer' and demand full payment, can the judge throw my case out of court? 3. Can I claim compensation on top of what I am asking back in charges, for example; loss of earnings, stress related? 4. I have been quoted that an 'unlawful act', is one being without legal justification, I need more clarification of this statement and examples of this act in case history? To me they are not breaking any law, but not adhering to guidelines, can anyone makes this clear? 5. The Unfair Terms (1999) refers to a penalty charge, Are these charges in fact service charges, could someone please clarify and give an example? 6. Could someone give an example of'supply of goods & service act (1982) used successfully in a court of law similiar to 'bank charges"? 7. No bank has gone to court, is that because all claimants have accepted offers? What if you refuse such an offer, does a hearing still take place whether the defendant is there or not? Thank-you Stewart
  8. Hello, My name is Stewart and just proceeding to take Lloyds TSB through the small claims using the template that I have downloaded. Have lots of questions, so any help would be appreciated.
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