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    • I think that rather than right, you should first of all telephone. However read our customer services guide. Implement the advice there. Then telephone and have a conversation which leads round to the loan and whatever agreement there might have been to repay. Get it recorded. Then write to him and asked him to confirm the telephone conversation. If he confirms it then you are on your way. If he doesn't confirm it or denies it then it becomes even more interesting and I think that you will properly have you more leverage. You say that you believe that you lent the money to the company and that the company has now sold. As long as the company has been sold and not dissolved then the loan to the company is still current and the company debt to you is still current. I think the first senior to do is to get the evidence – and I think you should follow the advice that I have given. The fact that the person has stopped contacting you is extremely troubling. The fact that the company ownership was transferred is even more troubling and so I think that you are dealing with somebody who is trying to be slippery about this – and so your way forward is clearly that you also have to act it in a slippery way. Come back here when you got the evidence and we will help you to the next step
    • Met usually use ANPR and get the timings massively wrong so they will be timed out. they must have used CCTV to watch the vehicle occupants "leave" and this is probably a breach of the GDPR as it wont be one of the specified reasons on their licence to spy on people so will breach protocols 1, 2 , 3 and possibly others in the list of the 8 main protocols of data protection.   It also breached the POFA as the timings are wrong so no keeper liability anyway.   The wording they use refers to the liklihood of the issuing of a NTD and thet never happened so the 56 day limit isnt applicable. My advice? ignore them as they rarely do court because they know they are incompetent
    • sorry, I meant to say UNLESS  so yes my answer reads the wrong way round
    • the terms in the contract will in many cases be unfair and thus you will be entitled to the bonus and there is case law on this. However, it is not a simple matter to resolve as it will have to take into account what the contract says and what the normal practice and expectations are for the bonus scheme. For example, Jhn Lewis pays out to anyone employed there on the relevant date so leave the day before and you lose out becasue it is a partnership and you would no longer be a partner. No schemes that withold bonuses until a certain time of the year MAY have to pay out but if your bonus is for the quarter that your resignation fell in then probably not. If it was for say Oct-Dec then you will ahve fulfilled the requirements of a qualifying period regardless of the contract saying no bonus and would more than likely be successful in a claim to recover such monies. A scheme that has been running for soem time would be part of yoru contract even if there is nothing specific included in your paperwork as it becomes implied as part of the conditions you agreed to when joining to co and staying there.   i know this doesnt give you a definite answer but hopefully makes it a little easier to see how your situation may work out
    • You have a big problem and that is proving the debt. for a debt to be created there must be an agreement that the money will be repaid, how and in what time frame. As far as the law goes you either gifted the money or loaned it in a way where you cant take civil action to recover it because there are no explicit terms. Now the BUSINESS doe owe you £2k and the debt will have passed on to the new owners but you still cant take steps to recover the money other than to ask the new business owners for it. They may deny the debt and you will be impossibly placed to prove it because there is nothing in writing. Proof of money transfer doesnt prove the debt exists nor how it should be repaid even if it did. you will lose a court claim due to the lack of paperwork showing how and when the repayment should take place. Sorry for your predicament but you are where you are
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alumb05

ALumb05 vs HBOS (round 2)

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Hi

 

I am guessing this is a standard letter (attached) but could somebody let me know what i should do next as i'm a little confused as to wether i should continue as i have done in my previous cases. I'm not sure if the recent court decisions have made any difference to the procedures for claiming back charges. Here is the letter i recieved after i had sent my 'Preliminary approach for Repayment' letter.

 

HalifaxResponse1-Page1-edited.jpg

HalifaxResponse1-Page2.jpg

 

Thanks in advance

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standard fare, just make sure you start the reclaim regardless, also if they chase you for any overdraft just throw this letter back at them, works both ways you know


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks

 

I'll send the Letter before action...

 

 

[your address]

 

 

 

[their address]

 

 

[date]

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

You have failed to respond to my letter of the [XXXXXXX - date of preliminary letter] and its enclosed schedule.

 

I enclose a further copy of that letter and a further copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days [and make the personal data amendments which I require] I shall issue proceedings in the County Court and without any further notice to you.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

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ooops, pasted wrong letter above, i won't be sending that one, just looking for correct template

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I'm having trouble finding the 'Letter Before Action' template. I found the one i pasted above but that is for when they did not reply. They did reply to me though so i need an alternative template. Can somebody please paste a link, thanks.

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PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I'm not sure why, but i thought i read it on one of the templates for the 'Preliminary approach for repayment' that i should not include my claim for overdraft interest. I'm sure i read i should just include this in the 'Letter before action'. I'm probably wrong though! Is it too late now to include it as i didn't add it to my previous letter? (it's only £35)

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just add it on, chances are they wont have read your first letter anyway


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

 

I have now recieved a letter from them in response to my letter telling them that the next stage is court. I'm guessing it is just a standard letter but i want to confirm that my next course of action should be to file with HMCS Money Claim Online. Here is the letter.....

 

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

 

Thankyou for your letter dated 16th July 2009.

 

As Advised in our letter dated 15th June 2009 we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with unarranged overdraft bank fees complaints.

 

Until the banks legal proceedings with the Office of Fair Trading (OFT) are concluded we will not issue or respond to any further communications recieved from you on this matter.

 

You have requested a copy of the terms and conditions which can be obtained from your local branch.

 

We can assure you that your complaint has been registered and will be resolved as quickly as possible once the banks legal proceedings with the OFT are concluded.

 

We will keep you updated approriately about the proceedings with the OFT and you can also check the latest position on our website.

 

Your Sincerely.......

 

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

 

Thanks in advance

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Does anyone have any thoughts on the above letter?

 

Thanks

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Hi

 

Pleeeeeeeeease could someone who knows more than me about these procedures have a look at the letter i was sent from HBOS (a couple of posts ago, not the scanned doc) and let me know if i should now continue as normal and file with HMCS Money Claim Online or let me know if i need to hold off because what they say is true.

 

Many thanks

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Hi,

 

Yes, thats a standard reply, file your claim, I think it's better if you file at your local County Court.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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hi, i phoned my local county court and they pointed me back to the HMCS website so i have registered on there and i'm just about to start the claim.

 

Thanks for getting back to me on this.

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Good stuff, let us know how you get on.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

 

I am confused filling in the N1 Form. In my Letter before action (see below) i requested £329 plus £35.20 in overdraft interest. This was the amount of interest as of 13/07/09.

 

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

13/07/09

I calculate that you have taken £329 plus £35.20 which you have charged me in overdraft interest for the sum which you have taken. Total £364.20. I am enclosing a copy of the schedule of the charges which I am claiming.

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

 

In the template for the N1 Form it asks for a figure for 'Associated overdraft interest charges' and also 'Interest under s.69 County Courts Act 1984'. Which one of these is the £35.20? I presume it is the 'Associated overdraft interest charges' and the 'Interest under s.69 County Courts Act 1984' is for any interest i am entitled to from 13/07/09 to the day i lodge my claim??

 

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

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Restituionary damages, or-

 

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

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

 

 

Also, what will the court fee be?

 

Any help is much appreciated

 

Thanks

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Which one of these is the £35.20? I presume it is the 'Associated overdraft interest charges'
Yes

 

 

s69 interest = 329 x 0.00022


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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WOW 0.07p, it's not even worth it!! :-)

 

Thanks for your help, any ideas where on the web i can find out how much the court costs are?

 

Thanks

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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