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Oh, I see what you mean.

 

I don't think it would make any difference. Ever since we started our little consumer revolt, the banks have been shredding paperwork as soon as it hits the 6 years so that they can say hand on heart they don't have anything going further than that, so unless people have kept their statements (and there's an argument for not shredding anything, btw), they won't be able to do anything about it anyway. That's even if people were willing to test the Limitations Act anyway, which I suspect the vast majority won't.

 

I think that by 'shredding' they could be shooting themselves in the foot in that if they can conjecture & reconstruct agreements based on recent records (see Paul Walton, Sparkie et'al) then so can we;)

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Funny you should say that, JC. :razz:

 

I was tempted, but never took it further, with B/card. Account opened in 1995 or so. When they were avoiding complying with the DPA by using the mircofiche argument, they instead sent me a long accordion of data recording all my late payments etc, but no amount specified or indeed if a charge had been applied. As they were refusing to give me anything else, I fired a prelim with a charge attached to every single late/overlimit payment, stating that since they were not willing to break it down, I had no choice but to make the assumption that they had charged me every time. They promptly replied that actually, they only started charging in 2001 (when they dropped yearly fee) and so my calculations were out and then they sent me my statements, lol, which by some strange coincidence, 6 yrs was actually mid-2001 when they started charging. I tried to find proof that that their charging regime started before that, but it wasn't clear cut and I decided not to take it further at that point. Looking back now... Ah well, win some... No, actually, win them all, just not as much as I could have on this one. :-D

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so they had dater that they should had sent you under the dater protection act but didnt. should had taken that further aswell!

 

I should be pretty much top of the list to get my money back, but I only went back about six yrs. I have all my statements right back prior to 2000 should I put in a claim for anything prior to the 6 yrs I am already claiming?

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so they had dater that they should had sent you under the dater protection act but didnt. should had taken that further aswell!
:confused: No, they did send me all my data - eventually, and not with good grace, but they did. - :razz:

 

I should be pretty much top of the list to get my money back, but I only went back about six yrs. I have all my statements right back prior to 2000 should I put in a claim for anything prior to the 6 yrs I am already claiming?
That's a judgment call. Do you have charges showing prior to 2000? Are you confident that you can argue a case under s32 of SOLA 1980? This is one that B/card are likely to take to the wire, so you'd need to be ready to fight it.

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Just to be pessimistic, I don't think anyone will get anything. There will be millions of claims in the pipeline that the courts won't be able to look at them and the banks biggest buddy, the fsa, will feel sorry for them as they have made such a good job of hiding their money away that the stupid government thinks they are broke and poured all those funds in.

 

Someone is sure to say 'hey, hang on a min, this is our money the banks will be paying with' and put a halt to it and claims will be limited or, at best, have to be submitted again.

 

God, am I a miserable sod :)

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This is for hsbc bank, actually just checked and I do only have them back to 2000. does all what you said above only apply if you are going back prior 2000?

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Just to be pessimistic, I don't think anyone will get anything. There will be millions of claims in the pipeline that the courts won't be able to look at them and the banks biggest buddy, the fsa, will feel sorry for them as they have made such a good job of hiding their money away that the stupid government thinks they are broke and poured all those funds in.

 

Someone is sure to say 'hey, hang on a min, this is our money the banks will be paying with' and put a halt to it and claims will be limited or, at best, have to be submitted again.

 

God, am I a miserable sod :)

 

I can't see how that will work in practise, though.

 

Having said that, I couldn't see how they could stay this many (millions?) claims also, though.


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I can't see how that will work in practise, though.

 

Having said that, I couldn't see how they could stay this many (millions?) claims also, though.

 

Do you mean you couldn't see why stays were implemented in 2007 and continue onwards, or that you couldn't see that at the time and you can now?

 

For Conniff, not sure what you are saying at all on that point. OFT are bringing the litigation and FSA are merely enforcing the Waiver until the test case issues are resolved....

 

Bookworm, thanks ;)


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

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ok i understand that. so i put my claim into the bank in Nov 06 and they stopped dealing with my complaint in july 07 due to the test case. my complaint is still in the banks hands. am i safe under the waiver from the FSA to continue chasing charges back to Nov 2000 up until today??

 

Time statute.

 

The banks have tried it on in a damage limitation basis suggesting that charges can only go back six years to which we respond (edit)off!

Nobody realised that the charges were anything more than the cost of administration until the OFT announced their findings on credit cards on 21 February 2006.

 

So six years after that people (idiots?) who have not yet claimed by February 2012 will find the banks saying "a reasonable person would have known that these charges were claimable in Feb 2006 so every thing before then is time statute barred".

 

So until Feb 2012 we can get charges back as far as they can provide records for after then its 6 years back tops!


'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.'

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what if i have statements going back to 1998.... if i was "made Aware" by the OFT and the Test Case in feb 06.... can i then claim back charges to feb 2000 ?????

 

i put my claim in to the bank in Nov 06 but can i ammend it to include everything that i have paper proof of???

 

my claim is not with the Courts.

 

YES YES YES Go back as far as you have statements for and further if the bank supply more data.

 

They took the money off you wrongly.

 

wrongs dont come with a sell by date! despite what the banks will try & get away with


'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

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Do you mean you couldn't see why stays were implemented in 2007 and continue onwards, or that you couldn't see that at the time and you can now?

 

I meant that I couldn't have foresaw the huge numbers of cases stayed before it happened.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Funny you should say that, JC. :razz:

 

I was tempted, but never took it further, with B/card. Account opened in 1995 or so. When they were avoiding complying with the DPA by using the mircofiche argument, they instead sent me a long accordion of data recording all my late payments etc, but no amount specified or indeed if a charge had been applied. As they were refusing to give me anything else, I fired a prelim with a charge attached to every single late/overlimit payment, stating that since they were not willing to break it down, I had no choice but to make the assumption that they had charged me every time. They promptly replied that actually, they only started charging in 2001 (when they dropped yearly fee) and so my calculations were out and then they sent me my statements, lol, which by some strange coincidence, 6 yrs was actually mid-2001 when they started charging. I tried to find proof that that their charging regime started before that, but it wasn't clear cut and I decided not to take it further at that point. Looking back now... Ah well, win some... No, actually, win them all, just not as much as I could have on this one. :-D

 

BW - I provided a Cagger with an original copy of a barclaycard statement (1995) which had a penalty charge on it!!

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I meant that I couldn't have foresaw the huge numbers of cases stayed before it happened.

Thanks for that and completely off topic.....congrats on Site Team.


.

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

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Thanks for that and completely off topic.....congrats on Site Team.

 

Thanks, YB!!!


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi Guys,

 

Anyone know what this is all about. It seems that this company won't use the County Court and instead use a 'Statutory Demand', what is this and should anyone with a debt be concerned?

 

Credit Resource Consultancy

 

TheyrCriminals

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Hi Guys,

 

Anyone know what this is all about. It seems that this company won't use the County Court and instead use a 'Statutory Demand', what is this and should anyone with a debt be concerned?

 

Credit Resource Consultancy

 

TheyrCriminals

 

This is what 1st crud started doing & look where that go them.

 

The High Court doesn't like them being used to recover consumer debt remember most consumers have more than 1 creditor all of whom would have to be satisfied so this lots clients may only receive a pittance compared to what's owed & this is after having to pay costs touching a grand.

 

Suggest you send a link to the OFT who also don't like SD's being used to collect consumer debt

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Hello JonCris!

 

Suggest you send a link to the OFT who also don't like SD's being used to collect consumer debt
Fully agree.

 

These grubby little parasites should have their Consumer Credit Licence plucked away from them.

 

Cheers,

BRW

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Didnt CapQuest also use this method. 1000s of Stat demands were sent out last year.


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They did Citizen & it's alleged that they are 1 of the 15 DCA's getting their knuckles rapped by the OFT

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It seems that this company won't use the County Court and instead use a 'Statutory Demand'

 

 

My current partner is a Para Legal debt collector.........Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....best thing to do in response is send letters, ask questions, request CCA's.......when targets are involved they will put awkward people to the bottom of the pile and go for the easy targets.

 

just what I have been told from someone on the other side oif the fence.....I should say that she has seen a whole new side to debt collecting since I have shown her this site......

 

roscodog


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Dwight D. Eisenhower

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Welcome roscodog I must say that what you state confirms what many of us already suspected but still it's always good to hear it from higher up the DCA food chain

 

What we need is for an employee of such a DCA to make a 'statement of truth' about these shabby practices which can then be sent to the OFT to support our contention that until the OFT actually removes a licence from a DCA for this practice they'll just be ignored

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My current partner is a Para Legal debt collector.........Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....best thing to do in response is send letters, ask questions, request CCA's.......when targets are involved they will put awkward people to the bottom of the pile and go for the easy targets.

 

just what I have been told from someone on the other side oif the fence.....I should say that she has seen a whole new side to debt collecting since I have shown her this site......

 

roscodog

 

This person (of information gleemed from them) would make a very handy addition to this site.

 

;)

 

Welcome roscodog I must say that what you state confirms what many of us already suspected but still it's always good to hear it from higher up the DCA food chain

 

What we need is for an employee of such a DCA to make a 'statement of truth' about these shabby practices which can then be sent to the OFT to support our contention that until the OFT actually removes a licence from a DCA for this practice they'll just be ignored

 

Don't you just love Whistleblowers!!!


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....

 

Do they ever follow up on the SD route and file for BR? Wish one of them would and save me the £495 to do it meself [:D]

 

Cheers

Michael


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It would cost them a helluva lot more than £495 to go for a bankrupcy petition against you.

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