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    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
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Bovvered

General question about manual intervention

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I haven't seen anything about finding out about manual intervention if you already have your statements so don't go the DPA route.

 

My understanding is that if you have statements, use those, but if you haven't get them via DPA request AND ask about manual intervention.


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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When you write to the bank requesting a refund, include the question in that letter.. maybe the following??

 

If you have evidence to show that my account required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. In such circumstances, I would require you to show the name and position of that person, the action or decision taken and the reasons for doing so.

Evidence of such manual intervention may alter the amount of my claim.

 

 

That way, the bank can not claim you were being unreasonable in your request should it reach court.

:D


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Like it.


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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When you write to the bank requesting a refund, include the question in that letter.. maybe the following??

 

If you have evidence to show that my account required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. In such circumstances, I would require you to show the name and position of that person, the action or decision taken and the reasons for doing so.

Evidence of such manual intervention may alter the amount of my claim.

 

 

That way, the bank can not claim you were being unreasonable in your request should it reach court.

:D

This passage is mainly already in use in our DPA request template with the exception of the last sentence. Asking fo the ID of the person carrying out the intervention is a good idea. However, I would not advise the use of the last sentence. There is no need to offer the bank any comfort and if they want to allege that there is a basis for an elevated charge because of manual intervention then that is a matter for them. It is a principle of our adverarial system of justice that you do not suggest the opposition's possible arguments tot hem. They have lots of money for their legal advisors. You don't need to help them out.

The fact that our letters invite dialogue and attempt to prompt the banks away from standard replies and give them 4 weeks before an action is commcenced is ample evidence of reaonableness.


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Duly noted

 

:D


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


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

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4866 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
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