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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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

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Sent my DPA request letter Friday (10/03) got a reply today 15/03 they have forwarded my letter to the Complaints Dept who will contact me in due course and the information I have asked for (all my statements for 6 yrs) will be forwarded FREE OF CHARGE.

BUT if I still want to make 'a subject access request under DPA' it will cost me £10.

Is my understanding that they are going to give me what I asked for freely and I don't need to pay for the info under the DPA correct? Or does that mean I could wait for ages and ages before any thing happens?

HELP! What should I do?

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Keep that clock ticking. 40 days and if you don't have all info requested, complain to the IC. If they want to waive the charge - and there's a sentence you don't hear very often when it comes to banks! - that's up to them.

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Have already marked 40 days on the calendar from when I posted it will 5 more days now cos it should have got to the complaints dept by now!

Thanks will keep posting as it goes along.

It really is great to have someone there for support.

Thanks.

Ex

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  • 1 month later...

I have worked out my charges for the last six years £2452, put them on the spreadsheet downloaded from the site but interest calculator doesn't work. Found the formula for working out daily interest in the Library, so will I have to work out the days passed and daily interest accrued manually or is there another way?

 

I haven't got Excel, but downloaded Open Office.org and it doesn't calculate it for me. In fact in the two columns that should have the days lapsed and interest accrued it has NAME and hash sign. Any ideas please?

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Hi Eileen,

 

If you PM me with an email address I will send a working Open Office spreadsheet to you...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Oops - that reminds me.

 

I haven't put it in the library yet - sorry for that - I'll do it today.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Oops - that reminds me.

 

I haven't put it in the library yet - sorry for that - I'll do it today.

Thanks...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

I posted my Letter before action to Abbey and got a reply back sayiong the normal sorry about your complaint we will look into it etc etc but they also said if they hadn't heard from me in 14 days they would presume I was happy with their reply.

Unfortunately my computer died before I could go to Money claim to start action. It has now been restored but their 14 day limit for me is up on Monday (bank holiday) should I send them another Letter Before Action or just carry on with filing the claim with court?

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File your claim as stated in your LBA 14 days from date of that letter....never mind their timetable - stick to yours!! :) Don't worry if the timescale has elapsed owing to your computer breakdown, just do the claim now...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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If you haven't already done so, please could you pm the claim details to either Bankfodder or any of the mods so that we can post it in the Litigation forum.

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I'm always amazed by the arrogance of the banks when they tell us they will take up to 6 weeks to "investigate your complaint", especially when we all know they will just send out a standard response telling us to go to hell. They really do think we will abandon the deadlines we set and start using their dates don't they?

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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Yeh - like they give us 6 weeks or 8 weeks or how ever long we feel like before they take our money - not.

 

Good luck by the way.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 weeks later...

Had a letter today to say they have filed a defence with the court and will I accept HALF plus court costs. Cheeky pigs!! There is only 3 more days left bfore their 28days were up.

 

Do I write and say no I want all of it or do I just do nothing?

 

Looks as if I might be going to court, something I didn't really want to do on my own. Typical I suppose with my luck as it is at the moment, they're going to choose me as the first case to go to court!!!!!!!!!!!

 

Any ideas anyone? Appreciate any input

 

Eileen

MODERATED 4 threads merged , please keep to your original thread when updating , thanks

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if it's any help, they have used the same tactic with me(you can compare their defence on my thread) and (eventually) NeilP. Personally, i've refused the offer and am now awaiting a court date, but obviously the decision is yours.

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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Have received Court Allocation questionairrre, 27th June. They have transferred it to my local court. It has to be in on or before 15th July, thinking of putting in on the 14th and hoping I'll get my refund before then, and I won't have to pay the extra £100 court costs. Getting a bit close now, hope I'm not going to be the first one that goes to court!!!!!!!!!

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  • 2 weeks later...

Thanks Karne.What did you put in the other info box. I've put "Intend to prove Abbey has taken £****** by way of unlawful bank charges." The court has a breakdown already, as I sent them one when I sent DLA one. Do you think thats OK?

Eileen

PS Do you think I should change my name so they find me on here or am I being paranoid?

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Yes I phoned this morning to tell him I was putting in my AQ and had he got a final offer and got a recorded message saying he's away on annual leave!!!!!!

all right for some!!! As you say it looks as if its going to drag on for us.

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  • 3 weeks later...

Hi All,

This morning just received full settlement!!!!!!!!!!!!!!!!!!! Going to look at my bank account over the next few days to see they have deposited it before sending back copy letter of receipt of funds into bank.

This couldn't have come at a better time as our family has been devastated over the past fortnight with the loss of our eldest son, but this has brought some happiness into our lives just for a moment.

So don't give up any of you, push it to the limit and don't back down its worth it in the end to join the members who have won.

Thank you to all of you who have helped me get thro it all, and kept me going when I was going to give up, I'm so glad I took your advice.

 

Eileen.

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Many congratulations on your win and good on you for keeping going when all they want you to do is give up. I hope that it brings you some happiness in this tragic time. I am truly sorry for you and if you want to talk about it, there will be lots of us around to listen.

 

xx

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Congratulations!!

 

Im so sorry for your loss.

 

Eileen

.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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