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Darren vs Bank of Scotland. ** WON **


dazzaboy2
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thankyou dazza. sorry i couldnt be of more help. but if you ever have this problem using the scottish court system give me a shout lol.:D

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Hi Craig,

 

Yup........thats about it.

 

Judgement was granted to me on th 8th Jan by default.

 

They haven't paid.

 

I was all ready to send in the heavies however Zooman says I have misunderstood the forms and / or process so I am waiting for his advice before I proceed. Should have some feedback on Wednesday from him.

 

I don't see any other way out of this tho.

 

Am desperate now. I want my dosh back lol!!!!

 

Am dying to hear what Zooman says.

 

I'll keep you posted tho!

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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Hi Craig,

 

Yup........thats about it.

 

Judgement was granted to me on th 8th Jan by default.

 

They haven't paid.

 

I was all ready to send in the heavies however Zooman says I have misunderstood the forms and / or process so I am waiting for his advice before I proceed. Should have some feedback on Wednesday from him.

 

I don't see any other way out of this tho.

 

Am desperate now. I want my dosh back lol!!!!

 

Am dying to hear what Zooman says.

 

I'll keep you posted tho!

 

surreal situation, having to send baliffs into your bank :-) !!!

 

Yes look forward to the outcome, I thought the majority of cases are settled before court, how come yours went to court, were you pressing for every last penny, or were the bank stupid enough to see what would happen if a case actually went to court?

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Hi guys,

 

Well, I've had a chat with Zooman and am now a lot clearer on my situation and am looking for opinions and advice!

 

I spoke with BoS and they say the reason they haven't responded is because they have no trace of the judgement that has been sent to them. There is now a 2nd copy en route to them. Obviously, I don't know how they will react to this.......whether they will pay up, or whether they will apply for a set aside......or if they even respond at all given recent performance.

 

My question is this:

 

Should I give them more time now that another copy of the judgement is en route, or should I push ahead and contact High Court enforcement officers to enforce judgement?

 

I'm really unsure how to play this one.............I feel at this stage the ball is in their court and that my options are limited.

 

What would everyone else do?

 

Any thoughts or advice would be really appreciated!!

 

Thanks............

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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i'd say its reasonable to give them time to react. Try and open a dialogue with them, get a name of someone in the correct dept and phone them daily / hourly / minutely (!) for updates.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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dazza if someone owed me money and had not said money was on the way or made a payment plan in they go, let them worry about it not you.

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you must be really hacked off, getting this granted on the 8th and the bank is now saying they haven't received anything from the court, surely they can't say they're not going to pay this when a court has said they have to!!

 

totally agree with you darren about the options that you have, they are limited, i think apart from feeling frustrated and angry, i would phone the court and see if theres a way you can pay to get the letter to the bank sent recorded delivery then they can't say they haven't received it again (delaying your money) if theres no way the court can do this i'd just find out when the letter gets sent wait a few days and phone asking if they got it, if no phone the next day then the next until they say they have it if after a week they still say they haven't got it, then you really have no choice but to send in the baliffs. u should turn this into a mini novel, its gripping, think once you do get your money i'll be celebrating for you :)

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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I'm really unsure how to play this one.............I feel at this stage the ball is in their court and that my options are limited.

 

i would push ahead and contact High Court enforcement officers to enforce judgement. They had 14 days from your prelim letter to open dialogue with you. They had a further 14 days from your LBA to negotiate a settlement. I think they have had more than enough chances, coupled with the fact you are claiming contractual probably explains why they have ripped the pi*h out of this one. enough is enough daz, go for it mate!!

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Thanks guys,

 

Was just in the chatroom there and was chatting with HagenUK (top bloke btw, and Zooman for that matter).

 

He suggested I fax them a copy of the judgement tomorrow along with a phonecall saying you have 24hrs to pay or the heavies are going in.

 

But now that I think about it, a second copy is already en route from the court so why should I bother? They obviously aren't that bothered about it.

 

So stuff em!! I'm filling in the form for the high court enforcement officers now and will be posting it in the am........before racing to my nearest bank to open a parachute account lol.

 

Useful link from Zooman btw, Elliott Davies - High Court Enforcement Officers

 

I'm not confident they'll pay up........on a claim of 5.4k I can see them delaying this as long as possible and I doubt they want a CCJ on their equifax record lol. I may well be losing the £64 to the HCEO's, but if it gets things moving then I'm happy with that.

 

Things could get interesting now!

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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Your thread has gripped me all month D, and being that I've only JUST started I'm sh****ng bricks at the thought of what your going through.

 

Here my uneducated, you've won, they are squirming like the squishy, money grabbing worms they are. They know they're on a losing battle and are stalling.

 

Stick to your guns............you will get paid!

 

 

Recognise the quote? You should, you told me that a few days ago...

 

Well done and I hope since your case is so similar to mine I can count on a few pointers mate.

 

Sosii

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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You say there is a second copy of the judgement on thr way to BoS. Is this going from the court and, if so, do you know for sure that it has been sent?

 

I would fax/ email a copy myself, having first obtained a contact name. Send with it a message that they have until Friday to respond positively, or you will proceed with the warrant of execution. Check with your contact that s/he has received the copy and is dealing with it.

 

Giving them a couple of days, means that you retain the moral high ground, but if you give them a deadline you must stick to it.

 

You might want to draw your contact’s attention to the ridicule visited on RBoS in Camden Town when the bailiffs went in last week!

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Posted the above before reading your latest, Darren!

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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i'd say its reasonable to give them time to react. Try and open a dialogue with them, get a name of someone in the correct dept and phone them daily / hourly / minutely (!) for updates.

 

I'm not sure if it's possible for me to disagree more.

 

the bank has had loads of opportunities to discuss and negotiate. It's ignored - or tried to sideline - preliminary request, LBA, summons, the paperwork en route to the judgement - and now claims not to have received the judgement!

 

I used to have a teacher who looked sternly ovr his glasses at my explanations as to why I hadn't handed in my homework. If he'd had judges' powers, he'd have clapped me in irons, I'm certain.

 

I'm not sure that the Courts would accept their excuses, either. There is absolutely no reason on Earth why they should be given yet more time. If their legal dept is incompetent - which the Daily Mail report last week would indicate - then that's their problem. they should do something about it as they've already had the bailiffs in a few times.

 

I agree with Zooman's suggestion, Dazza. Fax them the judgement and give them 24 hours. 48 if you're feeling really, really generous. then send the bizzies in.

 

JMHO:D

 

Westy

 

Ps - damn, that makes me feel better!

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Make no mistake, you hold the cards man. THEY ALREADY LOST! Send the heavies in. There is really no point in being nice to them and giving them a couple of days to get hold of proof of the judgment. IT MAKES NO DIFFERENCE IF THEY HAVE IT OR NOT! Send in the bailiffs and finish this unending BS. SORT IT!

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Forms sent to elliottdavies high court enforcement officers today.

 

They said it should take a week or so for the paperwork to be returned to them from the court and then they will send someone round to HBOS HQ within a week!!

 

It's time to play the waiting game again.........

 

:D :D :D :D

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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Forms sent to elliottdavies high court enforcement officers today.

 

They said it should take a week or so for the paperwork to be returned to them from the court and then they will send someone round to HBOS HQ within a week!!

 

It's time to play the waiting game again.........

 

:D :D :D :D

 

Please find out when & where the baliffs are going in so someone can catch it on camera and get it on YouTube! - or even better see if there is anyway you can accompany the baliffs, now that would be enjoyable!

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Or even - can they schedule it so's a TV crew from BBC, ITN and/or Sky can be there, too??

 

;-)

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Any update on this, Darren?

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi guys,

 

No news as yet I'm afraid. The cheque for the high court heavies has cleared tho so I suppose they're onto it.

 

I'll maybe give them a buzz later and see where they're at.

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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The address I used for the claim was HBOS HQ, Trinity Road Halifax so I guess thats where the heavies will go in........

 

Gonna phone them now...........

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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Oh well,

 

They have recieved what they required from Bournemouth County Court but are now waiting on something coming from Newcastle Court? Dunno what.........

 

But the guy reckons it will be next week that HBOS are 'paid a visit' lol.

 

I'm so tempted to phone HBOS and ask if they have recieved my judgement yet........but I'm not going to lol, gonna let these guys go in and sort it!

Darren :p

 

BOS - WON - £5.6k

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

Virgin Mastercard - WON - £300

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

Barclaycard - WON - £200

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

Lloyds - WON - £1.6k

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