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    • Hi Bankfodder,   I will be issuing the claim today. My research tells me that the company will receive a CCJ which will be detrimental to their future dealings. The debt can also be enforced which is even worse for them. Royal mail can verify that the letter has been delivered safely to its final destination, whether or not they choose to collect the mail is their own problem. This process is worth it to know the company will be penalised in a bigger way than just paying me what they owe. I have seen evidence that the company likes to google themselves and make false positive comments, so when you read this Urban Pushchair/Bebylux/Ainea International Ltd, this is what happens when you have appalling customer service and sell faulty products. 
    • my mistake  Wrote the above very early this am  It is from a sols - aldridge The same sols from Feb 
    • dca's don't send PAP letters solicitors do..    
    • The finance company are rejecting your complaint – because this is what they think they can get away with. There is no morality in finance companies. Not only that, they have prepared a final response so quickly and recommended a complaint to the FOS – because they prefer you to go to the FOS because as I've already said, the FOS is very cosy with these companies and I can imagine that eventually some compromise recommendation would be made – and it would be you making the compromise. Additionally, it would be a long time anyway and the finance company would hope that you would eventually suffer from fatigue. The finance company has instructed you not to drive the car – and I think that you must obey their instruction and also the fact that they have put this in writing is justification. You say you know the owner of the garage – are they going to charge you storage? Would they allow you to leave the car there free of charge – but on the basis that you would attempt to claim a reasonable storage fee and paid over to them when this is all finished. Please find out. This would be one of the ancillary losses that you would reasonably incur as a result of the breach – and also as a result of the instruction for the finance company. At some point, you can leverage this against the finance company by informing them as well as the garage that as they have instructed you not to drive the vehicle that you have been obliged to leave it in storage and that this is incurring a weekly storage fee and as they have refused to comply with their consumer obligations under the 2015 act, not only has this fee been reasonably incurred, but also you will be pursuing them to reimburse you for it. This will add additional pressure. Anyway, I think it has all been spelt out to you – and I think you need to make a decision. The more quickly react, the more assertive and confident you will appear to be. You need to keep the garage and the finance company on the back foot.  
    • Thanks Bank Fodder for laying out the pro's and cons.   I think that because the missing paperwork on the 100k service was missing will help in our favour, as Ford say the automatic gearbox must be serviced at either 35k or 2 years which it wasn't, this was disclosed at the time of sale and only a very basic service was done and stamped in the book.   I am very surprised that the finance company closed the complaint so quickly.   At the moment the car is at an independent garage, luckily it is where I get my van serviced so I know the owner. Should we leave the car there as in one of the emails the finance company told him not to drive the car, or shall they drive it home which is around 3 miles?
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sent out the first 2 letters, with no reply

total with compound interest is approx just under £5,000

will now fill in the MCOL

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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So your claiming well outside of the 6 year limitation then?

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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I have several claims more than 6 years ago

none have yet been tested though

I trust that no bank will want to test the law's interpretation in court

Others have done this successfully, so I have nothing to lose

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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I second that

 

Whatever you do DO NOT use MCOL - go to your local court (ok you can download the form) but picking up a lovely blue & white N1, using the pdf thingy on here to fill it in is soooo much more satisfying :)

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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  • 3 months later...

To bring the story up to date....

I filed through MCOL in August..... ish and the claim got stayed

but I sent a pleading letter and got my fee back

Now I am just about to re-issue using a good POC/N1 through my local court

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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  • 2 weeks later...

New claim lodged at my county court

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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LLoyds have been issued with claim, and they have until 31 12 07 to reply

Let's see what they say

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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  • 3 weeks later...

Today 3rd january 2008 I received very short letter from Martineau Johnson saying that they are considering the claim etc

But the claim issued on 12th Dec said they have til 31st Dec to reply

Presumably they still have more time in hand to issue defence etc

28 days from date of service ??? is approx 15th Jan

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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15th would be about right for issue of defence.

 

But you should get a notice from the court that an Acknowledgement of service has been filed soon, if you do not have one already.

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

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  • 1 month later...

I cannot believe it.... !!!!!!!!!!

 

got letter from court today.... they have stayed my lloyds business account claim until after test case

I thought business claims were going through normally

the letter mentions matters of legal principle and UTCCR

WHAT NEXT ????

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Can you post up the relevant wording of the letter please, LC?

 

Which court is it?

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Blackpool county Court.... letter dated 8th Feb, sent out on 12th Feb, received 14th Feb

 

......a test case has been issued in the high court between OFT and certain banks with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the unfair terms in consumer contracts regulations and other legislation to such charges....

 

It is ordered that...

 

1. this claim is stayed until further order with a view to awating the final decision in the test case ( which shall be interpreted as the outcome of any appeal the first instance decision)

 

2. The defendant shall within 28 days of the final decision in the test case file at court and serve on the claimant..... a case summary setting out the the effect of that decision.... and.... their proposed directions in this claim

 

3. Upon receipt of the documents set out above the file be refered to DJ

 

4. Either party may apply at any time by application on notice in accordance with the civil procedure rules 1998 part 23 to lift the stay

 

5. because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court ( with any fee) to arrive within 7 days of service of this order

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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All my documents say... business claim many times

and I am claimant......XXXXXXXXXXX (A business account)

The judge must have seen it was a business account ???

not a normal account

In my POC I didn't mention UTCCR

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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The judge must have seen it was a business account ???

not a normal account

 

You're assuming he/she read it.:rolleyes:

 

Paragraph 5 gives you the opportunity to apply for the stay to be setaside. There are a number of references you can make in your application, all of which are quite definite and explicit. However, some applications have been denied so, if you decide to appeal, prepare to be disappointed.

 

Is this a live account and are you still being debited with charges?

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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No the account is not current, it was closed in 1998

 

As an engineer it always puzzles me that faced with one set of facts and arguments.....judges can decide in a variety of ways, or am I just naive

 

Isn't the OFT "instruction" on business claims definitive ??

 

I appealed against a stay with RBS/business account in Setember and was successful..( same court , different judge) . RBS's solicitors also asked for stay lifted

 

My letter for stay removal included....

no UTCCR involved

not a consumer claim

OFT test not a precedent.... not relevant to this case

test case will last a year... human rights act/ unfair

master of rolls says..don't automatically stay

oft letter re business cases

 

i got letter off CAG

 

are there many business stays at present

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Trouble is, those facts and arguments are not binding on a court. The OFT instruction might well be definitive as far as you, me and our banks are concerned but few judges seem to want to stick their necks out and allow any case to proceed at the moment. There is as yet no precedent available to judges in respect of the unlawfulness of default charges, so they would rather lump all cases together until they know where the Test Case is heading If your judge did read the POC properly, he/she will have been further deterred by the fact that all the charges relate to pre-six years, which is even more problematic for all parties.

 

However, I do think you should slap in an application to remove the stay. Even if the judge didn’t actually see the claim, or saw it but didn’t read it properly, he/she will have to read your application. You have previously been successful in the same court, so use that in your submission, as well as reiterating all the points in the stay removal letter.

 

Has your RBS claim been concluded?

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Thanks very much for your help Els

 

The RBS business claim is now concluded

A preliminary hearing was set for beginning of Jan

but RBS were very desperate to reach a settlement before that date

Their solicitors phoned me constantly and I settled on all charges, interest, interest on interest and S69... total £2105. I used ExcelEnts spreadsheet

 

It really cheered me up because I had spent 10 months getting nowhere

I also have another 8 claims .... 3 started (business and credit card) and 5 waiting to start. Grand total about £20k plus

 

I will put in a request for stay lifted as you suggest

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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I handed in the stay letter on 15th Feb.

It created quite a fuss. The court office staff are very good, but wouldn't accept the letter at first. Apparently now you have to fill in some form accompanied by your letter... at a cost of £75. I pressed them, and they said they would hand it to the judge (no charge)

I asked one of the staff who is very helpful why business claims are being stayed and she wouldn't say

I said that another judge at the same court had lifted my business claim stay a few months ago..... she wouldn't be drawn.

I've got several business and credit card claims ready to start but don't want to waste money if they will be stayed

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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That doesn't surprise me. Some courts/judges are resistant to letters from the parties and insist on a form N244 being submitted.

 

However, I do think you should slap in an application to remove the stay. Even if the judge didn’t actually see the claim, or saw it but didn’t read it properly, he/she will have to read your application.

 

By that I meant formal application and I apologise for not making it clearer.

 

Anyway, well done for insisting that they take your letter. Let's hope the judge at least allows you a hearing to plead your case for a stay removal.

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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I have also wriiten to LLoyds solicitors.... Martin "oh" Johnson

there is an excellent letter on Barclays/Slick132 pointing out that Lloyds have agreed with FSA not to disadvantage small business current accounts and give them 14 days to behave or will tell FSA..... I'll try anything

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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It's a great letter and it should make the bank squirm. They either have to say no, in which case they will displease the FSA, or say yes and give the judge a headache!

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Hi Lancs,

 

Elsinore suggested I take a look at how you're getting on over here.

 

I'll keep a close eye on your thread and wish you well.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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thanks Slick the courts seem to be stop all claims including business

I've got a credit card claim in progress.... I assume they cannot stay that

great letter thanks

LC

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Nah, the CC claim should proceed ok but some get Stayed in error first:eek:

  • Haha 1

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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