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    • And again I see Vanquis getting mixed up with Notice of Default rather than Default Notice (there is no such document in English Law or the CCA1974) its an American Legal Document which is connected to Mortgages and Foreclosure)   Your default notice is attached to a Notice of Default ...which is dated...but look at the Default notice itself...its not dated....   A recent cagger lost his case on this fact as the judge accepted the date on the Notice of Default could be accepted as the start date as the letter connected itself to the Default Notice.   As for the agreement NA1 they state in their statement its a reconstituted version of the agreement relied upon......yet you applied on line so your name would not be on the agreement at this stage....as DX states it would simply be a tick box.   Look closely at the start of the agreement it refers to parties 1.2.......you yourself your means the person signing this agreement and whose name and address is stated on the Reply Card or Application.........which renders the alleged agreement as nonsense...as there would be no requirement for an online application to contain 1.2.   Andy 
    • Thanks for the reply @Will Goodfellow tbh, that is what I suspected from the reading around in have done.   So HSBC wouldn't likely accept the certificate of termination alone or a copy of the t&cs from Knightsbridge that were signed..?   But how would we make a claim for it from Creditfix?    Thanks
    • Yes, that's correct.  There is nothing else apart from what I have uploaded.
    • Thats fine jb I just wanted to be clear that NA1 is the only document they rely on and that there was no other versions being disclosed. 
    • Oh I don’t doubt you, I just find it brilliant and amusing.   All I’ll add is don’t be too confident they’ll be foolish forever, be prepared for them getting their act together. No harm in being prepared!!!
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fernack

Has anyone had a refund since the Supreme Court Decision?

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Hi ...

 

I am still waiting to hear from my bank. Sent letter 25.11.09 and had no reply so have just fired off a reminder.

 

Has anyone else had any kind of result since the Court decision? Or is everyone hanging back until we get new templates? Has anyone been to court in the last couple of weeks?

 

Was just wondering as the fires seem to be going out regarding charges refunds .... or are the embers still smouldering?

 

xx:grin:

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I doubt very much that any bank will be paying anything out for a little while, other than hardship cases where court action should not be necessary. The banks claim victory but of course the embers as you put it are very much alive and are being fanned by various top barristers funded by a range of consumer action groups.

 

If your claim is stayed in the court system you need to contact the court to find out what they plan to do with it and when, either way each of the courts will handle it on a different time scale and you need to follow directions accordingly.

 

There is a fine balance right now between waiting to amend particulars of claim on stayed claims and the issue of the new approach anticipated by us all. Hopefully the new terminology will be issued in time to amend PoC's before the banks can push to have all of the claims dismissed under the supreme court ruling. If you haven't launched a legal claim then sit tight and use whatever template is issued to go from there. ;-)


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Natwest are taking me for a mug. They threw everything in their letters to delay it as much as possible and what do you know, i haven't had a letter in weeks. Went down financial hardship route.

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Good luck with that 90DC. If the bank gives you any nonsense then report straight away, banks have been giving everyone the run about on financial hardship cases for a while.

 

Show them you mean business and you'll have a better chance of getting your cash back in a reasonable amount of time :).


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I was doing a financial hardhip case for a friend, took about 3 weeks with abbey.. they paid about 70% (£2000) of total claim into account day after judgement without any notice


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Just had a reply from First Direct - they are not going to refund my bank charges but agree I may be experiencing financial difficulty so it is essential that I speak to their specialist team about this. :mad::(

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Got a letter from HSBC today stating quite clearly that due to them "winning" the case against the OFT I will not be getting my charges back

 

Guess what folks, they already paid them before the court case - hahahahhaa

 

idiots


PGH7447

 

 

Getting There Slowly

---------

 

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

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Lucky you! I need the new template letter as I am at a loss what to do now. They have given me 8 weeks to respond stating why I believe the charges should be refunded. GRRRRRRRRRRRRR :mad:

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Lucky you! I need the new template letter as I am at a loss what to do now. They have given me 8 weeks to respond stating why I believe the charges should be refunded. GRRRRRRRRRRRRR :mad:

 

I am sure even you can write a letter explaining how the charges debited immediately from your account without any chance to opt in or out of their overdraft services, severely disrupted your attempt at budgetting and lead to an irreparable imbalance within the contract you had signed with the bank leading to a clear breach of trust between you and the bank :D

I would wait until after Tuesday though ;)


.

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

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I am sure even you can write a letter explaining how the charges debited immediately from your account without any chance to opt in or out of their overdraft services, severely disrupted your attempt at budgetting and lead to an irreparable imbalance within the contract you had signed with the bank leading to a clear breach of trust between you and the bank :D

I would wait until after Tuesday though ;)

 

What do you mean by "even you" - what are you implying??? :lol: I will be waiting until Tuesday though, too much to do at the moment.

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I was as close as returning the acceptance, it was received and payment was due only to be foiled by the area business manager yesterday, I will not give up as I have the 60 day offer in writing and a copy of acceptance neither state that he offer can be withdrawn without any notice.

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I have received 3K in charges back from Natwest, a result it took a threatening letter regarding solicitors and a lot of arguing but eventually they paid out. Funny I have not heard from my business manager since ! This was second week of January 2010!

 

Its already been swallowed up but helped take the pressure off for a brief moment.

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