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    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • whats the court claimform for? return of goods order? please complete this:  
    • std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
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Whizzkid v Abbey - Round 2


whizzkid001
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Just been broadcast on Meridian TV!!

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Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Any links to the programme?

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Looked on their site, doesn't appear to be any links to view it :(

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Good luck today Chris.

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Cheers - hoping they've seen sense & haven't filed a defence by 4pm. Of course, they could just pay up.... If not, bailiffs continue to go in! :)

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Chris,

 

Make sure you keep us posted! I'm on the edge of my seat here....!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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At 3.30 pm I went into court for an update, they said there was nothing noted on the system ref them filing a defence by the deadline. At 3.55pm I then called them, they said the papers were currently with the judge!

 

You can read that 1 of 2 ways, either they failed to lodge by the deadline of 4.00pm & thus lifted the suspension of my warrant or they did file, & he has to decide if - and when - a hearing to decide whether my Judgement is set aside will take place.

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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The suspense is excruciating...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Best of luck mate. Hope it all goes your way.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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For those who haven't read story in Sun...

 

 

 

Copyright 2006 NEWS GROUP NEWSPAPERS LTD

All Rights Reserved

The Sun (England)

April 11, 2006 Tuesday

LENGTH: 771 words

 

HEADLINE: I'll send bailiffs into the Abbey

 

BYLINE: Charles Rae, Consumer Editor

 

BODY:

 

 

AN ANGRY dad is threatening to shame a High Street bank -by sending in the bailiffs over a £ 2,500 unpaid debt.

 

Chris Leeves, 44, has successfully sued Abbey for a string of "totally over-the-top charges" for minor infringements.

 

Now the bank is facing the prospect of bailiffs marching into their branch in Aldershot, Hants, and seizing the cash Chris is owed.

 

Fed-up Chris took the bank to court claiming its "extortionate" charges infringed the Consumer Contracts Regulations Act 1999.

 

Slapped

 

He claimed to have been slapped with a bill for up to £ 40 a time for going a few pounds overdrawn or failing to cover direct debit payments for a single day.

 

As a self-employed internet salesman supporting a family, he said the charges were sometimes unavoidable due to late-paying customers and that there was no give-and-take from the bank. After writing to Abbey claiming he would be happy to pay more reasonable fees, the bank refused. So Chris, who lives with long-term partner Claire Underwood, decided to take legal action.

 

He filed his case at Aldershot County Court.

 

Abbey failed to file a defence within a fortnight and jubilant Chris won his case automatically, with the bank ordered to repay the £ 2,590.87.

 

Chris intends to send in the bailiffs if Abbey ignore him again.

 

He said: "If they refuse to respond yet again I will definitely be using the bailiffs. I can't believe they have entirely ignored the court process.

 

"This is money they owe me and just because they're a bank it doesn't mean they can get away with not coughing up."

 

He added "For a long time all the banks have turned around and said the charges are part of their terms and conditions, but people aren't standing for it any more.

 

"I don't deny those charges arose and it was mainly my fault because I had a couple of bad months where income didn't come in.

 

"I did manage to pay them all, but what I objected to was how disproportionate they were to what I had done.

 

"They are way too expensive. One error can often spiral out of control.

 

"A missed payment into the bank can lead to a charge, which then takes you overdrawn and you're charged again. Then a direct debit is missed and they charge you yet again.

 

"It's a vicious circle and it can ruin small businesses."

 

Chris hopes his victory will spur on others to take their cases through the courts.

 

He said: "I know banks are there to make a profit but this is pure greed."

 

A spokesman for Abbey said: "We are sorry that Mr Leeves is unhappy about his bank charges.

 

"However, as stated in the terms and conditions of his account, it is the customer's responsibility to ensure there are sufficient funds to cover any direct debits, standing orders, card purchases or cheques they may write.

 

"Abbey is up front and transparent about all its banking charges. The banking charges which Abbey levies are legitimate and proportionate to the costs incurred by the bank for situations such as returned direct debits.

 

Defend

 

"We have no record of receiving any court claim with regards to this particular case and therefore we didn't, unfortunately, have the opportunity to defend our position.

 

"The judgement was obtained by Mr Leeves by default because Abbey never received the court claim form.

 

"Abbey will be applying to the court to lift the judgment, suspend the warrant of execution and defend the claim. We hope the situation can be resolved as soon as possible.

 

"Abbey's bank account is good value and our charges compare fairly with others.

 

"For most people, banking is free -bank charges are only imposed on those who don't contact us and go beyond their agreed limits."

 

Chris's victory comes just a few days after consumer magazine Which? launched a campaign about bank charges.

 

They issued all current account providers with an ASBO -Anti-Social Banking Order -for the way they charge customers for straying into unauthorised overdrafts.

 

Experts estimate that financial institutions make £ 1.6billion a year from charges.

 

Recently law student Stephen Hone, of Plymouth, was offered a £ 5,000 out-of-court settlement by Abbey after racking up £ 2,000 of charges over six years.

 

The Office Of Fair Trading has also slammed banks and credit card providers for high charges.

 

A spokesman said hundreds of millions of pounds of "unlawful" penalty charges were being raked in by financial institutions each year.

 

They have called on banks, credit card providers, mortgage lenders and other institutions to slash their default charges.

 

He said: "A default charge should only be used to recover limited administration costs. These may include postage and stationery costs, staff costs and a share of maintaining premises and IT systems."

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If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Thanks for posting the article.

  • Confused 1

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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CmonCmon

 

Crikey the suspenders are killing me!

 

 

I've PM'd Chris to ask him to update us. I'm nearly wetting myself, I daren't leave the pc for fear of missing it. Ok, I joke.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Guest Lueeze

So there me in suspenders and you with your legs crossed!

 

God knows who else is in a state about this case PMSL!:rolleyes:

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Judge is the only 1 who knows - for tonight at least!! The papers were with him when I called just before they closed so not able to discover what's happened until tomorrow morning/pm I guess! Jeze, no sleep for me tonight..... lol

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Of course, it may not be ominous, in that they applied in the last few minutes, maybe he was signing the warrant because they hadn't! :)

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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I hope it goes well for you tomorrow...let's hope the judge gets an early night...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Dumb question - were the papers there with you today for the follow up story?

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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No - they'll be there if/when bailiffs go in or the 'end' of the story is nigh!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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I wish you all the best with your result please let us know as soon as you do.

 

Everyone is waiting with baited breath

 

If all goes well it will be another nail in the coffin for the banks !!!

 

 

Krystyna

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