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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

twoofus v YB ***WON***


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Hi Twoofus

 

I have passed this to Caro, one of our Moderators to take a look at. She is a specialist in YB/CB and has a great deal of experience with them and their tactics.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi twoofus ,

 

In my own personal opinion Clydesdale/Yorkshire have been getting away with far too much for far too long . I have had several `innocent` mistakes dealing with Miss Ross and her collegues , have been following your claim for waaaaaay too long now .

 

Your comment on your thread about them "looking like bungling idiots" crops up again and again .I don`t honestly believe anyone could be that incompetant :roll: and I`m sure it is yet again one of their many stalling / diversionary tactics all designed to bully the claimants into submission.

 

Good luck and keep us posted on your thread

 

Jules

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Thanks Jules, Myself and the Wife have also followed your thread so we've seen what they have been upto with yourselves and thanks for following ours.

 

The point is with regards the 'Scottish legal department' is can we take Miss Ross out of the equasion by demanding within English law that they provide an English contact address for the legal department. I know they would still pass it to Miss Ross but it would take them longer to do therefor giving her less time within the amount of time she legally has to deal with things. Also it would put more pressure on YB's banking infrastructure with them having to pass things around inhouse.

 

They walk on a fine line just about within the laws of the land and use every trick to delay and confuse people, isn't it about time we all started walking this line and play them at there games?

 

Thanks

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Well there's an interesting twist. More contempt (allegedly) of the court system from YB perhaps. There has been a lot of debate about Scottish claims and the best way to settle them, but this is a new twist, that I for one hadn't considered.

 

One thing that had been considered is that Ms Ross is a member of the Scottish Law Society, and as such (I think I'm right in saying) may not be able to practice in England. This warrants much closer investigation. Thanks for bringing it to everyones attention twoofus, and also for the info on the Clydesdale Data Controller.

 

In case anyone hasn't seen the latest SAR response (from Scotland to England), take a look at this one.

 

http://www.consumeractiongroup.co.uk/forum/post-731288.html

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 Caro and thanks for taking the time to look at these 'ideas'.

 

All I can say is it must be of some concern as the court told us with regards our claim that they are sending a letter to Miss Ross telling her that they must provide an English/Welsh address and that they (The court) will not send anything to them in Scotland.

 

As regards the 'Banking code compliance officer' I do have a name and number if you want it or if you think it should be posted.

 

Keep me posted on any development please

 

Many Thanks, again

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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I've emailed you. Thanks

 

Not sure if this is entirely the right place to post this, but it looks interesting and may be worth investigation to understand the complexities of the CB/YB relationship. It explains the Clydesdale Bank trading as Yorkshire Bank on all the defences.

 

National Australia Group Europe Act 2001

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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As NAGE is located in London and is Clydesdales/Yorkshires holding company, could the London address be used for correspondence and service of claims etc. ?

NATIONAL AUSTRALIA GROUP EUROPE LTD 88 WOOD STREET CITY OF LONDON LONDON EC2V7QQ

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Not sure diddled.

 

We're going to wait and see what responce the court get and if an alternative address in England is then provided.

 

We are also going to send, with a copy of our bundle, a covering letter saying we are not obliged to send you this but in the interests of sorting this claim out without wasting anymore of the courts valuable time and out of curtousy blah blah blah. Then we're going to (on the advice of the court) take a copy of this letter to the court and have it attached to our bundle. Court said it would go favourable with the judge, if they dare turn up that is.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Very interesting subject this, if indeed this is true then what are the implications for present YB claimants who have been dealing via Miss Ross?

Could anyone who has accepted full and final settlements from Ms Ross and later regretted it who are based in England use this to their benefit?

As Caro said this warrants closer investigation.

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For information before we get too deeply into discussions about how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/82045-leeds-aqu-do-check.html

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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I don't think that solicitors in Scotland can practice in England and visa versa (sp?).

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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I don't think that solicitors in Scotland can practice in England and visa versa (sp?).

 

You may find that if they were to appear in court in England they would send a local English solicitor. Nothing would stop them doing this? Does Miss Ross travel to any court appearance? Does the fact that a Scottish solicitor is handling the majority of the communications cause the court concerns?

 

So, as with my case, I live in Scotland but took the Leeds collection department to court in England for £7000+ and so far Miss Ross has defended (just the standard defence) and filed an AQ.

 

They obviously can't have my jurisdiction challenged as they are based in Scotland too, so could this be a short term route for Scottish people to use? Means 6 years and £5000 limit.

 

2 can play at there game.

If I have helped click my scales....

 

Find my threads by clicking here

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I am not quite at the same stage but if needs be intend to take the leeds aqu to an english court using an english address. I am fortunate to have friends in london but if i did not, could i use a mailing address or P.O box in england for a claim? If so this maybe worth highlighting in the scottish section and perhaps warrant a sticky as these mailing services can be rented for as little as £20 a month.

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I am not quite at the same stage but if needs be intend to take the leeds aqu to an english court using an english address. I am fortunate to have friends in london but if i did not, could i use a mailing address or P.O box in england for a claim? If so this maybe worth highlighting in the scottish section and perhaps warrant a sticky as these mailing services can be rented for as little as £20 a month.

 

You do not need to use an English address initially, only should the court /defendant challenge jurisiction. The defendant will not as they too are using an English address.

 

For 1 of my claims I got an english forwarding address for £50 per annum or £10 per month and 50p per sheet to be scanned and emailed the day it was received.

 

The link to this firm is My UK Mail - Your Own UK Mailing Address, Better than a PO Box! Receive all types of mail at your own UK street address. mail forwarding service, uk mail forwarding service, Your mail is forwarded on to you, international mail forwarding, internation

If I have helped click my scales....

 

Find my threads by clicking here

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No Hilary, still not heard anything. We can but wait:rolleyes:

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Recently there have been a lot of people getting letters from YB stating that they will not be able to meet the 40 days for supply of info due to high volumes and to either report them to the Information Commissioners Office or be patient blah blah blah.

 

Well, at the back end of last year my information failed to materialize at the 40 days allowed under the DPA and when I rang them and asked them they said they had sent it, but they didn't know where it was and they would send me another copy but this could take another 40days. (Obvious delay tactic in my opinion).

 

Anyway I decided to read up on a few things and came across a point in 'The Banking Code' that said basically they will abide by the Data Protection Act. There was also another point that said every Bank that is a member of the code has to have a 'Code compliance officer' who will enforce the code within its bank. Hmmm i thought, could I get hold of this compliance officer and get her to enforce the 'Banking code' and more particularly the DPA side of it.

 

I set about my business and after phoning YB local branch then Leeds I got given a number in Scotland and ended speaking to an operator at Clydedale who put me through to the Code Compliance Officer, I spoke to her and she said it was out of order and she would pursue it when I emailed her the correspondance I had already sent/received off YB i.e. my S.A.R. and their acknowledgement. She gave me her details (see below) and told me to leave it with her. Obviously I thought 'Yeah right' but within a week I had my information and an apology from YB head office in Leeds and £300 refund of charges I had refused to pay (over overdraft limit).

 

I just thought this worked for me so it could work for others?

 

I would personally try the approach of ringing first and asking for the 'Code compliance Officer' just in case she has moved and someone else is in her place but if they play dumb ask for her by name. Tell her they are in breach of the DPA and their own banking code and that she is there to make sure they comply.

 

Also, she was a very nice and helpful lady so please be respectful as we don't want to particularly alienate her.

 

Wendy melvin (Compliance Officer).

0141 248 7070 (Switchboard so ask for Code compliance or Wendy by name).

[email protected]. com

  • Haha 2

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Great information thanks twoofus. I'll certainly be giving this a try myself.

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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