Jump to content



  • Tweets

  • Posts

    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   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 ? Online   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. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

H.O.L Test case appeal. Judgement Declared. ***See Announcements***


Please note that this topic has not had any new posts for the last 3871 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 5.1k
  • Created
  • Last Reply

Top Posters In This Topic

whats the latest news?

Hearing in the high court on Thursday on the appeal re current terms and conditions. Likelihood is application for appeal. I think we will be closer to a final judgement but I doubt this year will bring us a final final decision.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
Hi guys,

 

Is this true that the appeal hearing judgement in the test case will be handed down this Thursday?

 

TheyrCriminals

Yes at 10am tomorrow, court no. 71. That is for the current terms and conditions and whether they can be assessed for fairness under the UTCCR 1999.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

you beat me to it TC..

 

However, cases will stay frozen until the OFT has concluded its investigation.

 

thats the bit I hate :mad::mad::mad:

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Link to post
Share on other sites

Here's the bit I hate!

 

BBA – British Bankers' Association - Statement on Bank Charges Test Case

 

BANKS WILL APPEAL

 

IT IS TIME FOR THE GOVERNMENT TO STEP IN AND STOP THE TIME WASTING

 

WHY IS THIS IMPORTANT?

 

If you write to your bank today 26 February 2009 and make a DSAR request how far back will the bank provide statements or detail of charges for ?

 

six years ?

 

right

 

not six years back from 27 July 2007 when the bank charges case started ?

 

(bear in mind all of the T&Cs were changed in November 2007 making them more likely to be deemed enforcable).

 

I predict that less then 20% of (dubious) charges have been refunded so 80% of the charges for 25 February 2003 (6 years ago) and before are not going to be refunded as of midnight last night.

 

If the banks can stretch this out they are gaining £14.5 million a day through no falt of their own?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

Link to post
Share on other sites

However, the British Bankers' Association (BBA) said its members still disputed the decision of the High Court and now the Appeal Court.

"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.

"The banks will apply to the House of Lords for permission to appeal the Court of Appeal's decision.

"The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible," he added.

Marc Gander of the Consumer Action Group (CAG) said the bank's decision to appeal further was "amazing".

"They know no shame," he said. "You'd have thought they would chose to come come quietly and join the rest of society - it is astonishingly arrogant of these people," he added

 

 

well said Marc...

absolutley outrageous!!!!!:-x

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Link to post
Share on other sites

The banks will apply to the House of Lords for permission to appeal the Court of Appeal's decision.

The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible.""

 

 

 

errr..... don't the last 2 sentences sort of contradict each other ??

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

ARE YOU A BUSINESS CLAIMANT?

 

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

GO HERE !

 

CAN'T FIND WHAT YOUR LOOKING FOR?

 

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

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

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites
"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.

 

I think they want to re-phrase that to 'The banks continue to believe that the Regulations do not apply to THEM'!

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

Link to post
Share on other sites
"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.
Well, most of us still believe that the charges are penalties, but since the judge said they weren't, there's f*** all we can do about that, right? So what's the difference?

 

Oh yeah, I forgot, you lot think the law doesn't apply to you. :rolleyes:

Link to post
Share on other sites

I hope your all eating your words now You of little faith... I bet so many letters are at this moment falling out of folks printers and on the way to the banks etc. The man/lady in the street is fighting back and long may we continue to do so

 

I hope the bankers crawl back under the stones from which the came.

Link to post
Share on other sites
Great result but it ain't over until the fat lady sings

Yes but she is stretching her vocal cords now so it shouldn't be long.:D

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

Link to post
Share on other sites
Great result but it ain't over until the fat lady sings

 

Just going to change your post Jon....to ...till "the fat cats sing" and we know Banks have a lot of those.....we will have to wait for a chorus.

 

sparkie

Link to post
Share on other sites
(bear in mind all of the T&Cs were changed in November 2007 making them more likely to be deemed enforcable).

 

Penalties aside, that historic/current T&C bumpf doesn't have anything to do with UTCCR does it? Apart from Barclay's new Personal Reserve bull, I hoped I could start issuing claims like confetti again? if need be.

 

I was at a pedestrian crossing today and bumped into two Natwest employees, so took the opportunity to point out today's events with a smug look on my boat race. They surprised me with one of their replies....' Fantastic, Halifax owe me big time!!' I then had to explain the situation to them (as I understand it) :rolleyes::D

Link to post
Share on other sites

I shall join in the rejoicing so long as the OFT take into account the actual cost of charges as shown by the Yorkshire Bank expose and so long as the reduced charge rates are backdated -fat chance of that happening. Also be interesting to see whether 'they' entertain interest charge refunds on the difference between the new, presumably lower, charges and those levied by the banks. We really do need something less than the £12 employed by the CC companies.

Link to post
Share on other sites

I went down to the RCoJ for the roughly 8 minute verbal judgement. This is a massively important judgement.

I think Barclays reserve fees are very much on the table for fairness under the UTCCR 1999. The appeal court judge effectively followed the First National Bank judgement....House of Lords - Director General of Fair Trading V First National Bank

(For reference). I think it would be surprising if the bank were to be allowed to appeal to the House of Lords. I think they should petition the House of Lords for permission to do so, but I would be surprised if they were successful without something new on the table to argue. BLOODY FANTASTIC DAY TODAY(and tiring ;) )

  • Haha 1

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

I hope you're right about Barclays, althought even if it weren't what customer would want to stay trapped into that 'service'. And as someone else said, who would be brave enough to start charging mandatory fees to run a current account in this climate. I think of the ones that do, most have a free version?. Ahhh...free banking!!. ;)

Link to post
Share on other sites
The banks will apply to the House of Lords for permission to appeal the Court of Appeal's decision.

The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible.""

 

 

 

errr..... don't the last 2 sentences sort of contradict each other ??

 

I think seeing as how claiming was put on hold, those first two sentences should be reversed - the OFT will work with the banks.

 

Perhaps the banking problems will end now as their ploy to try and influence proceedings by pretending to be in trouble hasn't worked.

Link to post
Share on other sites

I think the verdict does throw up other issues, for example, the banks' failure to win any future appeal means that at the date that they change their charging structure then everything before has to be returned and CONTRACTUAL rate since it was deprived at that rate. What effect would that have on CCJ's where charges were the bulk of them? What about people who have DCA's harrassing them for a debt that would be effectively wiped out? To me it could open up more questions that may be difficult to answers(could DCA's go out of business, pmsl)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...