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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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If the d/d was more than the charges


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I sent of my ''step 1 letter'', i received a list of all the charges over the last 6 years.

Am i right i saying that i can only claim the money back if the returned d/d, was less than the charges.

eg.A credit card was d/d was not paid for £10 but they charged my £35

This i can claim back.

or

If they d/d was £45 They CAN charge me £35.

 

Please answer as im ready for step two.

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From the FAQ:

 

Q. I get charged a £5 (£10,£15) fee every month for an overdraft on my current account. Can I get these back too?

A. No, there is nothing unlawful about charging for a service provided. If there was, our hosting for this site would be free.

 

Q. But I have agreed when I opened my account to pay charges on returned direct debits etc and exceeded overdraft limits.

A. Yes, you did. The banks are entitled to apply these charges but not at an excessive rate. Penalty charges must be calculated to reflect the LOSSES SUSTAINED BY THE BANKS when you cause them a problem. NO MORE. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.

 

Q. Is it ok to completely ignore the section labelled 'FAQ' and just ask the same question as everyone else has before me?

A. Yes, of course. The Admins and Mods want for nothing more than to repeat themselves serveral hundred times per day. We live for it, really we do. It's not like there's more pressing issues at hand - or people with questions that haven't been answered here.

PS. No, in reality, it's not.

 

*********

"only" asking for help is fine... "only" asking what has already been answered is not. Sorry.

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I've just wasted 20 mns trying to help you to help yourself.

 

Obviously, even though I've gone to the FAQs to get your answers, even though I've WRITTEN IN BLOCK LETTERS the relevant parts, it's still not enough.

 

It's not about by how much YOU'VE GONE OVER, it's about HOW MUCH THE BANKS CHARGE.

 

DOES IT COST THE BANK £35 WHEN YOU GO OVER BY 1 PENNY OR 500 QUID?

NO? THEN CLAIM IT. Clear enough?

 

You're welcome.

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Ellybums

Its late. Bookworm has probably been working hard on questions all night. There is a lot to take in. I found it took a couple of days reading to get the whole picture and even then I suspect I only have 50% of it. Perhaps another read in the morning might be a good idea.

The point is all the charges are unlawful but the banks may be able to justify about £1 or £2. You are best claiming the whole amount and leave the bank to justify their costs. Hope this helps.

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It really does take a little while of reading then re-reading the FAQs, also other posts to get the picture.

 

The people who put this forum together, did it out of their own pockets and in their own time, because they want to help people to help themselves. The people who moderate this forum do so free of charge and in their own time.

 

We should respect and appreciate the time they put in, and as they constantly get asked the same old stuff which is clearly there if people will only take the time to find and read it, it's little wonder if they occasionally feel a little exasperated.

 

If this (and other similar) forums were not put on the web, then where would we be - still merrily accepting the bank charges no doubt...

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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I agree. The moderators are doing a tremendous job, and are probably extremely tired from reading the same questions over and over. It took me a while before I got to grips with it. Read through the FAQs till they're tattooed in your head and it'll click all of a sudden. (honest!)

 

Visit the library and download your DPA request first, send it to your bank, and when they have sent you the info, come back here.

 

Good luck. x

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Hi ELLYBUMS and welcome to the site....

 

Since your 'fight' with the Halifax (and who knows, maybe other organisations after that) is likely to take several weeks to complete, it really is worth your time spending maybe a day or two going over all the info in the FAQs and The Library etc - you will find it really helps you to grasp the detail of the work required from you in order to RECLAIM YOUR MONEY!!!

 

Bookworm, this realy isn't a dig at you, or any other mod for that fact, as it is plainly clear that the effort that goes into running the site is immense and takes it's toll on those involved, sometimes resulting in an abrupt response that would perhaps otherwise not happen.

 

This is not likely to get better as the publicity and word of mouth increase traffic to the site, and as in general life, not everyone is able to follow the easiest of advice or will always go to the obvious first port of call. I think it's important not to be too critical of new visitors. If indeed you've had a long day, often repeating yourself, perhaps the best option is to leave the response until the next day.

 

I'm more than willing to get stuck in too, and have PM'd BF to offer my services should he see fit.

 

Keep up the good work - it will all be worth it in the end !!

..

.

 

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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Thank you EVERY 1 for all your help.

I apologise bookworn if i have mad your evening a nightmare.

I am extremly grateful for yours and everybody's post's.

I will read,read again and re-read the FAQ in the future.

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It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'first steps.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Whilst waiting for the info, read up on your next step. Stick to your own thread in the relevant area (eg ellybums claim against [bank]), and use this as a sort of diary which you can update as things progress.

 

Finally, if someone answers a question by pointing you in the direction of a relevant FAQ, take the time to look at it. If the FAQ is not clear, or there is something missing, then asking the question again, in this context, is valid, and will be responded to in a way that you would consider helpful.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

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

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That way you will attract more attention to your story and get more visitors and more help 

 

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