Jump to content


  • Tweets

  • Posts

    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Pls advise re bank charges claiming


Sparklez30
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5843 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

as advised by GuidoT I'm starting my own thread as I'm in the process of trying to reclaim bank charges from A&L.

 

A bit of background - Around 7 years ago I split with my partner but tried to continue to run my home on my own therefore for a couple of years I regularly raked up excessive bank charges due to failed direct debits or going over my overdraft limit (although having received my statements it rarely if ever seems to actually go over my overdraft limit). Using templates from MSE I wrote the first 2 letters and requested my money back (I chose to include interest @ 8% in the hope that would get them to settle early).

 

I received a letter on 10th (4 days before the 2nd letter deadline) saying basically that because of the test case they would not be dealing with my complaint until after it was settled and if I applied to court they would apply for a stay. They state they will resolve my complaint as quickly as possible after the test case is completed.

 

As alot of my charges are approaching 6 years I am thinking that the best idea for me would be to get it into the courts system even though it will be stayed. Unfortunately as I'm on maternity leave for another month I cannot afford to do this until March as the charges are quite steep to place the claim!

 

I am also considering writing to the bank and offering them the chance to settle for a reduced amount if done within 14 days just in case that works(and know I need to include without prejudice).

 

What I want to know is can I issue another SAR to my bank requesting confirmation of when my account was opened with the bank, a copy of my original contract (or application) and a copy of the original terms and conditions as were at the time of opening the account as I think I will need all of this info if it does have to go to court? I have checked here but I opened my account 12-13 years ago so the closest on this site is for 1998 which I presume would not be good enough? Or would this be a waste of £10 and should I just write and request the info without making reference to a SAR request?

 

As I can't submit this to court due to finances for a couple of months I have a little time to play with anyway.

 

Any advice would be greatly appreciated :)

Link to post
Share on other sites

Get you claim in as soon as you can afford to avoid any limitation difficulties, the interest should start accruing and you should be first in the line when they eventually pay out.

 

Making a WP offer will be a bit of a waste of time.

 

You can ask in a S.A.R - (Subject Access Request) for terms etc, but I have never heard of a bank providing this information. You will find some terms here.

 

What wording did you use in your original S.A.R - (Subject Access Request)? If you used the letter from this site that would include all statements and you then need to write a letter requesting that they fully comply and provide all the pre 6 years statements. See here for letters.

 

I had some difficulties obtaining old statements from Natwest and this worked.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

i didnt i used it from mse which only asked for 6 years and to be honest im happy with that as after will take me above £3000 and i wont be able to afford the court fee for even longer if I have to pay a greater amount!

 

Thanks for the advice I think I will still write to request a reduced settlement without prejudice just to fill in some time between my communication and when I submit to court. When I get to the submit to court part I will probably need more advice but will continue to read around this site cause its full of lovely info!

Link to post
Share on other sites

For the sake of £10 and simplicity, I would issue another SAR, use the one from this site it asks for all your statements.

 

On one Natwest claim I did they sent me 14 years of statement one week after the SAR.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

Thanks Guidot I will do that as I have some time to play with :)

 

I don't supose someone can explain to me why there is a limit of reclaiming only 6 years charges for an active account as for example if I ran up a credit card bill in 2000 to the limit then just spent the last 8 years trying to repay before defaulting wouldn't they still chase me for the old debt even though the spending was over 6 years ago (this is as an example as I havent actually done this)?

 

This is all very confusing for the average person!

 

Thanks

 

P.S. I'd like to take this opportunity to thank everyone on here for the helpful advice, it gives the average person the information to be able to fight back whereas all bank documentation is highly confusing!

Link to post
Share on other sites

I say there is no time limit to claiming back, but the banks say you can only claim back 6 years. However, the point has yet to be tested in court.

 

There is an Act called the Limitations Act 1980 that includes a bar on actioning matters that are over 6 years old under a simple contract but is has exceptions. It is complicated but if you wish to read further then read here and do a search.

  • Haha 1

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

No, you should claim everything you have statements for, we can help you deal with the 6 year arguments later and if you like you can drop the pre 6 years later.

 

Do not worry about understanding it for now, I do not understand the intricacies of it all neither.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

  • 2 weeks later...

Well that was a bit of a waste of time theres no charges on my flexiloan and they only sent statements to Jul 2001 even though I have had my account at least 12 years! I already had the statements to july 2001 from the first request I made :(

 

So I guess now I just resubmit my letter going back to July 2001 as I had only gone to March 2002 as that will be around the 6 year mark from when I place my claim in March this year?

Link to post
Share on other sites

  • 2 months later...

well never did place my claim as due to the dreadfully low SMP I couldnt afford to. Am just getting back on my feet now so I could possibly submit to court by the end of the month which I'm thinking after the judgement today might be wise!

 

My claim is for £3500 ish plus interest taking it to £4900 ish.

Link to post
Share on other sites

Sorry to be a pain - I've searched and can't find.

 

Where do I find the info for filling in the N1 (is that right). I looked in the sticky at the top saying "new POC" but when I click the link it brings up an error saying Invalid Thread?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...