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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Santander succeed in having charges case removed from small claims track ***WON***


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HI Mike and everybody else still interested in the progress of the Bank charges campaign. :)

 

As a LIP I am eagerly awaiting "ANY" progress as I am due to amend POCs mid November and as such have been given more time by our local District Judge to seek further legal advice/directions.

 

Thanks to all the support that I have been freely given by everyone associated with the CAG :D and now with the action being taken by the GLC and Mike in particular, I have been given new hope and strength to carry on with the claim against Lloyds TSB and not as the bank would like me to do and that is to discontinue my action against them, as has been their intention since the dreaded day the Supreme Court handed down to court their less than generous decision and it was that very day I was before the DJ to amend my POCs and it is thanks to his generous decision to further "stay" until November to seek appropriate advice that I am still here now.

 

To Mike at GLC and everyone at CAG I say thank you for keeping me going and "Exemplo Ducemus" You certainly do.

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  • 2 weeks later...

I've just posted on my original thread (Camdenite V Abbey), but thought I should add something here.

 

I've called the court today in respect of a 2007 stayed case against Abbey/Santander and was told that the only way it would not be struck out would be to write to the District Judge requesting a hearing.

 

Is this the point where I give up?:(

 

I want to fight on but have no grounds for Financial Hardship.

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  • 3 weeks later...

Hi all, glad to see all the good support on here for the Santander case, as being the named person in it (Walls) it really heartens me and gives me hope, got to say GLC have been fantastic especially Mike and I am happy to keep going out of determination if nothing else and hope any outcome will help the thousands of people with the bank charges ongoing quest :)

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Welcome Allix to CAG, good to have you here.

 

As I am sure you are aware be careful what you post, you do not want to compromise your case.

If I have been helpful please click on my star and add a comment.

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Hi thanks for your welcomes, I wont be putting any info on here dont worry, although reading through it all , i think everything has been shown lol, keep up the good work lots of great advice on here, prefer this to other forum I looked at ;)

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Nice to see you allix. Thanks for taking this stand with the help of Mike and co. It's great to see the fight against the banks continue. :-D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Hi thanks for your welcomes, I wont be putting any info on here dont worry, although reading through it all , i think everything has been shown lol, keep up the good work lots of great advice on here, prefer this to other forum I looked at ;)

 

Allix

 

Well done - loads of us are depending on you and the Sharp case to get us our rights.

 

However I would play safe and since we now know who you are I would register again with a different name - and NEVER refer to the case as "my case" - you can't be too careful with these sods!

 

Good luck!

 

BD

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Thanks rebel ,that made me chuckle, i will tell him unless he reads it on here first.

 

 

My advice is as your already in litigation that you ALWAYS PM the mods before posting in order that they might determine whether or not your remarks could jeopardize your court case AND always consult your legal advisors before disclosing yours or your legal advisors thoughts on an open forum

 

Sorry to be so pedantic but they do read these forums & in particular CAG as its the biggest & if they see you revealing matters here they WILL use it to try & discredit your case

Edited by JonCris
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  • 2 weeks later...
Quick note to say we haven't advised any of our clients to give up!

 

We've enrolled a motion to sist (stay) in Walls v. Santander UK plc pending an application to the European Court of Human Rights (ECtHR) in Walls v. United Kingdom. The ECtHR has to first determine whether the application is admissible (having regard to its new, revised criteria). Admittedly, the ECtHR process is slow, but that does not cause any difficulty.

 

Essentially, this approach is designed to preserve our client's rights, prompt law reform, and also to potentially protect the rights of other consumers who have to drop the cases for fear of costs i.e. because if the ECtHR case was successful (in principle) certain consumers might be entitled to sue the state for damages. Not ideal, as it should be the banks, but at least it could preserve a right to recompense for disenfranchised citizens.

 

The key target is of course the banks and their unfair charges. In that regard, we have a number of cases proceeding (including Sharp v. Bank of Scotland plc, and Reid v. Clydesdale Bank plc, among others).

 

The banks have put forward highly technical and complex legal defences which will require to be 'debated'. It won't be easy, they are throwing a lot of money at defending these cases, and we do not underestimate the challenge, however, I anticipate having a decision on the banks relevancy and competency defences later this year.

 

So, at present there is no reason to give up hope.

 

Mike

Govan Law Centre

 

Mike your an angel. We are all wishing you & your client success. Could I ask are you raising Francovitch in your application to the ECHR?

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  • 6 months later...

Santander tried that with me in Jan 2011, i live in the midlands. But i had a strong enough argument that i won at my directional hearing and their application to have the case thrown out was dismissed. You need to know what your points are and defend them under the law and regulations. They now have to provide evidence for the small claims court under revised regulation 5 of the UTCCR, AND a new claim under CCA 140. IT can be done if you have your wits about you and are not frightened off by them. The bank had also tried to move the case out of the small claims and into the fast track whre i would have been liable to all their costs if i had lost. Its just bully tactics to scare off people with lesser resolve than me.

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Fireprism

 

Well done! This is most encouraging news for any CAGGER who is just tempted to give up when subjected to their bullying tactics like you were. They're totally despicable and deserve to be taken for every penny they've got - bonuses and all.

 

Please keep us posted on your progress - and DON'T lose your nerve!

 

BD

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You need to know what your points are and defend them under the law and regulations. They now have to provide evidence for the small claims court under revised regulation 5 of the UTCCR, AND a new claim under CCA 140.

Very well done Fireprism. Knowledge of your progress will encourage many. Do you have a thread to follow. I think the ponts you made above are the knub of it - people need to really know what their points are. The problem is, people are only just starting to get to grips with the points they can use and how to argue them. There's been a fair bit of contradiction and confusion as to what can and cannot be used going forward. Many are simply confused and have given up thinking there's barely a case going forward.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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  • 11 months later...

WOOOHOOOOOOOOOOOO!!!!!! Can't wait to hear the details!!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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