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    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
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Wethers82

Lloyds TSB .v. Wethers (the re-match)

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Hi all,

About 3 years ago I made a claim to regain my bank charges from Lloyds TSB which stood at £800, however despite visiting court in which Lloyds TSB failed to turn up (surprise, surprise), they offered me settlement of £700 in which I rejected. However they still paid this money into my account with out my permission and due to lack of time to follow this up with the small claims courts, my claim ended. This still left me £100 in my overdraft.

Despite informing them both in my claim letters, Lloyds TSB form in the post and verbally over the phone of my change of address, they have continued to send my statements to my parents address (my old address). Upon picking these up I have noticed that they have started to grow and I now have an excess of £1,500 worth of charges!

I'm absolutely bewildered by their actions and find this to be an asinine attempt to regain the money that I originally claimed.

I have looked on the FOS website and seen that you can now launch your complaints with them and that approximately 81% of these are being accepted. Do you think this will be a better approach to reclaiming my charges and are there any templates for writing to the ombudsman?

Your help always appreciated,

Many Thanks

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There are no charges related complaint is going to the ombudsman which are being approved. They are all being stayed.

 

We all awaiting the outcome of the House of Lords OFT test case and we hope the judgement will be handed down in October. However that may not be the end of the matter because there is still the issue of fairness of the charges. This is a matter for the OFT and the historical fairness could still be challenged by the banks in the courts.

 

You should certainly start claiming all of your charges back and you should do it now. Don't go to the ombudsman, do it through the courts. Assemble all your charges information. You can claim all way back to 1995. Then fill out a claims form -- you can find a template on this site -- and file it with the court. Although the claim will be put on hold, when they are taken off hold then yours will be towards the front of the queue. Furthermore you will be certain at least of getting 8% statutory interest which is a very good rate at the moment for you. Even better if you want you can claim for restitutionary damages which will mean that you are asking the court to order that the bank had is overdue all the profits which they have made on your charges while they have had them in their possession .

 

Lloyds are too stupid to adjust their records to reflect your new address . I suggest that you send a letter of complaint to the information Commissioner. It will only take you 10 minutes or so that it will eventually have an effect. If the incorrect address to your parents home is really causing a problem for you or your parents then you should threaten Lloyds with a court action for breach of the data protection act. Include a claim for DPA breach with your charges claim and put them through all the same time


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