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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the 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.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
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      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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Annoyed at those ripping banks off.


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Okay lets look at it another way...

 

Banks, which up until their recent greed and stupidity were pretty well off, have lawyers and advisers by the bucketload.

 

The law is very precise in its stipulation regarding fair contract and rules for credit agreements.

 

The banks think they are so big and important the law doesnt apply to them and so blatantly flount the law and have no regard for it.

 

The only way they will learn that they too have to stick to the law is to be penalised..... the only way to penalise them is financially. OFT and the FOS arent going to do it, they are well in the pockets of the bankers.

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FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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danny u want to get you head out of your ar£$ and wake up to the reality that normal people face every day. u have obviously led a sheltered life and havent a clue what its liketo live on the bare minimum ,sstruggling to pay bills, feed the children,and wonder were its all gona end or where the next pennies are comming from.never mind becoming a bank chairman why not go one better and become an mp then you can screw us all every which way and bail your m8s the banks out

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whats danny's real name Fred the Shred Goodwin

PGH7447

 

 

Getting There Slowly

---------

 

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

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Royalflush:

 

Hmmm...you didn't say why you didn't get costs at court. Were you defamed? Maybe not, if the accusing party made an error in good faith. In the case of child protection, authorities chose to indulge errors of caution. Qualified privilege may be invocable by the accuser, per Adam (AC, 1917; Atkinson, J)

 

Banks don't recognize hardship cases unless they have to.

 

I think your case - which appears to amount to ruination - is so bad that you will require government assistance to restore your viability. By assistance, I mean fast-track to training programmes and affirmative employment. Talk to your Council or MP. You might be surprised what they can do for you. As for credit agencies, they are required to take notice of changing circumstances. An explanatory letter concerning your plight, from your MP, would likely effect your rating to your advantage. But whatever you do, DO NOT DELAY.

 

Thanks for the reply, Track record:

 

There are a couple of points I probably didn't explain clearly. I am now employed, in fact my position regarding potential earnings has improved. As far as ''the court case'' is concerned there wasn't one. The investigation in these circumstances is carried out by the local authority and the child protection service. Only if there is a case to answer would it go to court. Unlike the legal system, in cases like this you are presumed guilty from the onset and third parties undertake the investigation to determine whether there is a case to answer. This is a very protracted process which takes, on average, 12 months. During which time you have zero earnings. You have no right of reply and cannot claim for any loss of earnings.

 

This has caused hardship and even though I have been working for the last 9 months, catching up with the huge loss of income takes time. The bank don't see it that way unfortunately. It may sound strange but we accept the circumstances surrounding the allegation (it's the nature of the beast. What we find hard to accept is our banks attitude. Customer loyalty of 20 years stands for nothing at all.

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Royalflush:

 

Hmmm...you didn't say why you didn't get costs at court. Were you defamed? Maybe not, if the accusing party made an error in good faith. In the case of child protection, authorities chose to indulge errors of caution. Qualified privilege may be invocable by the accuser, per Adam (AC, 1917; Atkinson, J)

 

Banks don't recognize hardship cases unless they have to.

 

I think your case - which appears to amount to ruination - is so bad that you will require government assistance to restore your viability. By assistance, I mean fast-track to training programmes and affirmative employment. Talk to your Council or MP. You might be surprised what they can do for you. As for credit agencies, they are required to take notice of changing circumstances. An explanatory letter concerning your plight, from your MP, would likely effect your rating to your advantage. But whatever you do, DO NOT DELAY.

 

 

Please stop editing your own posts and have the guts to stand up for your own views regardless of what others have to say. You get no prizes for not sticking up for yourself when all around you are shooting at you.

Being accused of working for a bank is not that bad a insult to have to be honest ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Please stop editing your own posts and have the guts to stand up for your own views regardless of what others have to say. You get no prizes for not sticking up for yourself when all around you are shooting at you.

Being accused of working for a bank is not that bad a insult to have to be honest ;)

It's when they mis-spell "Banker" that you can get upset :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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ive spent all day going through different forums and the ammount of people looking to not pay if thier contract looks wrong or claw charges back for their mistake is out of order.

All day eh? You must know the situation inside out by now then, we'll have to accept your judgement..

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withdrawn

 

You remind me of going to the bank and taking out money, and having a really bad day, I ask the cashier, what have I just done with my money.....their reply was as above..... so that must deserve some rep for you :D

 

Don't be shy cos I can get much worse than this and I am working on it :D

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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It's Roman Catholic contraception..back to you guys for more hilarity ;)

 

:grin:That just made me spit tea

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Guys

 

Why dignify this ignorant ( and I mean that word in its exact sense) thread starter with more replies?

 

BD

 

Ooops - that's just wot I've done too!

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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