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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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That was very thoughtful of them. :lol: :lol:

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:mad:

Just checking out thread by dutch1979 and Katies on Barclays section (couldn't work out how to put link in). Both went to (my local) Croydon County Court yesterday and both cases were stayed!!!!!!

Quote dutch 1979:

The Judge made directions that she was staying the case and that pending the outcome of the test case, that Barclays would then have to send me a 500 word summary talking about how it affected my case. Obvilusy this all depends onthe outcome, so now I have to wait and see. Also Judge said that the case will come back to court either for a hearing or dismissal again deending on the test case.

 

Can I just say that this test case has totally ruined this past year I've spent trying to get this to court...disappointed but knew it was going to be stayed.

 

I think it s fair to say that Croydon County Court is staying all cases.

 

I will now await this test case - which I hope will acutally now happen. :sad: :sad:

Quote Katies on Barclays:

As expected - my case was stayed!

 

I was met outside by a nice enough 'independent barrister' who explained that he was there to request the case be stayed. Even if he didn't succeed (when most cases are being stayed) he said I was unlikely to get a court date much before the test case and whichever way that went, it would be appealed and heard after the test case, so not really much point. He went on to say that in the meantime I would be earning a nice interest rate - 8% - which is better than most savings accounts at the moment. At this point I thought I'd speak up and say that unfortunately it would be wiped out by their overdraft interest (0.79% per month for authorised) x 12 doesn't leave anything!

 

I did ask how long he envisaged everything would take. He thought upto 3 weeks for the test case and a few months for the inevitable appeal, I then asked what he thought to the rumours of upto 4 years if it went as far as the European courts, he looked surprised and gave me the impression he thought that it wouldn't go that far... Who knows?

 

In DJ's office it was all very relaxed and the decision to stay was made long before I got there! She said much the same re time scales but said the case appeal would be expidited (hurried through) and she expected it to be complete by the end of March. Barclays have 28 days after the test case to write to me (in less than 500 words) explaining the effect of the outcome on my case. If the OFT won (IF???) there would be no need to return to court, my money would be re-imbursed and if the banks won and £35 was a reasonable charge (I did raise my eyebrows!) it would be very difficult to win my case as the test case is taking place in a much higher court than county court. (The barrister had covered the 3rd possible outcome, that say £10 was agreed to be reasonable - the difference would be returned to me.)

 

I did have my argument in front of me but said that I saw little point in saying much of it but that I was concerned about the fact that Barclays can still charge me but I have no come-back now the case is stayed, she looked at the barrister and said she would hope that Barclays would re-imburse any further charges should they be taken (I don't think she knew the barrister wasn't a member of Barclays staff - would anyone like to admit that anyway these days...Lol!). I did have the opportunity to say that my overdraft was made up of the charges, she did seem to sympathise and said that some people she's seen have been in a real mess with their mortgage accounts...

 

However, she did say that some banks are still settling - she'd had 2 this morning! I was supposed to be 1 of 6 people seen at 2pm but I didn't see any others about - a bit worrying! I would certainly say that the whole experience was OK today if a bit frustrating after all the work (and printing out) I've done over the last few days / weeks / months, it really wouldn't have made any difference if I'd known very little (I'm not saying I know a lot by any means!), although I suppose I wouldn't have felt prepared for much if there had been any need for input from me. As a parting comment I did say that Barclays had dragged this out since Feb and the DJ said that that wasn't a long time in legal circles - shame I thought of a reply once I was out of the door - it would be if it was my money they were after - but they've already got it!

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

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Hi there,

 

I've been reading loads of threads, but can't really find what I'm looking for.

 

They received my LBA re non-compliance last Tuesday, so if they don't send me copy of contract by next Tuesday, I can take them to court for non-compliance with Data Protection Act. If it does get that far, what can I claim?

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

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Hi Tilly49,

 

Thanks again!!

 

It does look like I would only be able to claim time spend and postage..... would it be worth it?

 

I can't see the benefit ....

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

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Yes, I do have original!

I want a copy from them, just to be awkward ;)

And I'm thinking it might help build my case (as in - look how complacent they are) when I get to court for charges claim.

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

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Well, here we go....

 

7 days have passed since LBA re non-compliance with Data Protection Act, I haven't received a thing.

 

I'm trying to find relevant threads. I've got everything prepared to file at court, but I would like to be convinced it would benefit me, apart from cost incurred (time spent / postage / court costs).

 

Is it worth the hassle?

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

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If you have the original document and you have recieved your statements, then i dont see why you are still fighting. If you want another copy, you could try calling them before you pay out money at the court for it.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi SeasideLady,

 

I know there's no real need, but I just wanna be awkward to them....:cool:

 

I'm not calling them. They've had since 3rd of August to send me what I asked for. They've got my home address, 2 e-mail addresses, home, work and mobile number.

I will wait until Nov 6 (deadline Prelim), I will put the fact that they didn't reply to LBA on their record :smile:

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

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Ok, ;) I just didnt want you spending any money you didnt actually need to, thats all.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi all,

 

Their time's up!

 

I received a second set of statements and a list of charges accompanied by a letter. This lot in response to my complaint to the Info Commissioner. They didn't include a copy of contract.....

 

I Double checked, I thought I had my original contract, but I haven't.

 

So now I have no copy of my contract and they couldn't even be asked to send me the infamous standard letter ("sorry to hear you're not happy..... charges are fair.....")

 

Any news of any-one having their stay lifted? If not I might as well claim through MCOL......

 

Would the fact that Halifax couldn't be asked to even reply to me with standard $%^! "£$%! letters to either LBA on Data Protection Act or my Prelim re charges have any influence......

 

I know the answer is going to be "You can only try", but it be good to hear it from others......

 

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

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There are some stays getting lifted. Have a read throught the stay forum link in my signature.

 

And it wont make any difference that they havnt sent out any letters as it is really not unusual for them not to get in contact.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks SSL,

 

Let's just hope that a judge sees their ignorance and complacency as a good enough reason to lift a stay.... (if needed).

 

I'll take my N1 to court tomorrow.

 

phone call from our friends last night (if I wouldn't laugh about it, I would cry...)

 

Halifax - "your account is overdrawn unauthorised, you need to pay"

Me - "This is only account I have, and I don't keep cash under my matrass)

Halifax - "Can you settle by Debit or Credit Card?"

Me - "Only Debit Card I've got is with this account. If you refund unfair penalty charges there wont be any problem with my overdraft"

(The lady must have been quite new there)

Halifax - "Let me talk to my manager"

*Music*

Halifax - "which charges specifically"

 

I read out the whole list coming to a total of £2658, she talks to her manager again, but she was very sorry, she couldn't help me......

 

I'll send them a cheque.... and let it bounce

 

It is getting quite hard at the moment....

 

Can any one confirm that as soon as I file at court, this means my account is under dispute? And does this mean it becomes "untouchable" for Halifax? (ie. they can't chase me for outstanding moneys)?

 

I'm thinking of opening a new account elsewhere, have my wages put in it, move all DDs and SOs to that account and just let the Halifax account sit there until outcome of either my own or test case.....

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

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Just noted my mistake...... I'm running before I.......

 

They can have another 14 days after Prelim, need to send LBA first

 

That's what I'll do today.

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

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And get that parachute account opened. Remember a basic account will do just fine as you don't need an overdraft facility just something that does DD's and SD's.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi All,

Called County Court in Croydon.... All cases are being stayed. I was told that unless you have a very strong "hardship" case; stay will not be lifted

I received letter from Halifax "your complaint / request has been received, it's on record, please wait for outcome of test case"

The way I see it now is that it would be a waist of time and effort to even file at court

Is there anything that could change my mind?

Thanks for all your help and support, but I'm seriously considering sitting it out till after the test case

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

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The only real plus of filing now is that it gets your case in the system. I know the position on blanket stays is going to be reviewed in January (although we can't know whether that means there will be a change of position on stays). Also if you file then the limitation period is frozen when the case is stayed.

 

Not a lot of plusses I know but something to perhaps consider.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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"Also if you file then the limitation period is frozen when the case is stayed"

Please explain :confused:

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

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Under The Limitation Act you can only claim 6 years worth of charges back as this is the period of limitation. To claim more than 6 years of charges back you need to argue section 32(1)© of the Act.

 

Postponement of limitation period in case of fraud, concealment or mistake.

32 — (1) Subject to [F21 subsection (3)] [ F21 subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a)

the action is based upon the fraud of the defendant; or

 

(b)

any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

 

©

the action is for relief from the consequences of a mistake;

 

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

So if your claim for charges was near to the 6 year period, and you didn't wish to use this part of the Act as an arguement, if you filed now you wouldn't need to use this argument as the limitation period (the 6 years) would be frozen from the time that your case was filed.

 

It's not really a great benefit either way as the section 32 argument has been used successfully before.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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One of the plussess is once you have filed, the interest will build up while you wait. But obviously when the claims arnt very large, then it doesnt make much difference.

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Thanks again for your advice and help...

 

I will file claim as soon as 14 days (after LBA) are up. Thanks for reminding me of the 8% interest ;) £356.39 so far, and growing day by day.....

That is the reason still to go through the courts!

 

Below a link to yesterday's BBC articlce on OFT's response to banks' defefence.

 

BBC NEWS | Business | OFT rejects banks' charges claim

 

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

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  • 1 year later...

Claimed under hardship. Got "final offer" of £90.....

 

Sent rejection letter and LBA

 

After two weeks received the following reply (a real person wrote this one; they misspelt my name and the signature at bottom is from a real pen)

 

My question:

 

I read somewhere they've now got 8 weeks to resolve my complaint.....

 

Should I (since they had my LBA for two weeks now) go straight to court, or give them another 8 weeks and then go FOS, or go straight to FOS now?

 

 

-----------------------------------------------------------------------

LPR/3/C&R/XX

 

6th March 2009

 

My name

My address

 

Complaint ref: XXXXXXXX

Account No: D/XXXXXX-X

 

 

Dear Mr Riezem

 

I am writing in response to your letter dated 20th February 2009. I am sorry to hear that your complaint has not been resolved satisfactory.

 

To finally resolve your issues I have escalated your complaint to our Customerrelations department for a final review. They will review yor case in it's entirety before issuing a final response to your complaint. If they feel they are unable to do so they will issue you with referral rights so you can take your complaint to the Financial Ombudsman Service for independent adjucation.

 

If you wish to discuss your complaint, pleas contact Customer Relations directly on 08457 253519.

 

You have previously received a copy of our complaints leaflet, which advises how we will handle your complaint. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for Assistance.

 

Yours sincerely

 

XXXX xXXX

 

Customer Care Manager

Retail Banking Collections

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