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Bounced Cheque - Cause for Action for Damages? ** VICTORY IS MINE **


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Hope it works out for you.

 

I just sent off my N1 form today challenging my bank under BCOBS too.

 

Good luck.

do you have a thread for this please and could you post a link?

I'm especially interested in these actions at the moment

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do you have a thread for this please and could you post a link?

I'm especially interested in these actions at the moment

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387482-FSA-gone-can-we-still-use-BCOBS

 

This appears to be the only thread for tnook in respect of this.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OK - Back again

 

It's been a little time so I need to update this thread.

 

Tomorrow is the hearing to assess damages ( Court has allocated 2 hours)

 

Santander's solicitors upped their offer to £1000 as an OPEN offer, ie. Not "Without Prejudice"

I gently pointed them in the direction of a place where the sun don't shine.

 

I countered with £7,5K which they refused.

 

We originally had been ordered to exchange authorities within 2 days of the hearing.

I politely requested that they extend this to 7 days but they refused.

 

I issued an N244 and paid £45 and the judge gave me the order for 5 days which was fine. It gave me the information that I needed

that they are relying on ONE case authority.

 

Hearing is tomorrow 13th June so wish me luck, or if you are of a similar tradition to mind, a quick prayer wouldn't come amiss.

 

Chances - I could get £1K - I hope no costs against me.

They could give me my original £4.5K

I'm hoping for £12 - £15K on the grounds that you can't damage the reputation of the Church of England and get away with it.

 

(We can do that ourselves !!)

 

Our church roof needs mending - someone nicked the lead !!

 

Rock ON

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OK - Back again

 

It's been a little time so I need to update this thread.

 

Tomorrow is the hearing to assess damages ( Court has allocated 2 hours)

 

Santander's solicitors upped their offer to £1000 as an OPEN offer, ie. Not "Without Prejudice"

I gently pointed them in the direction of a place where the sun don't shine.

 

I countered with £7,5K which they refused.

 

We originally had been ordered to exchange authorities within 2 days of the hearing.

I politely requested that they extend this to 7 days but they refused.

 

I issued an N244 and paid £45 and the judge gave me the order for 5 days which was fine. It gave me the information that I needed

that they are relying on ONE case authority.

 

Hearing is tomorrow 13th June so wish me luck, or if you are of a similar tradition to mind, a quick prayer wouldn't come amiss.

 

Chances - I could get £1K - I hope no costs against me.

They could give me my original £4.5K

I'm hoping for £12 - £15K on the grounds that you can't damage the reputation of the Church of England and get away with it.

 

(We can do that ourselves !!)

 

Our church roof needs mending - someone nicked the lead !!

 

Rock ON

 

Hey good luck MP you rock.

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Have invested in a little prayer for you. I hope it works !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Please tell us you are out celebrating !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OK - more news from the Department of Walking Through Treacle

 

Arrived at Norwich County Court.

Santander have an internal legal department and also an outside firm of solicitors in Leeds.

This firm had instructed a local solicitor (one man and his dog) to represent them.

Nice bloke personable but professional.

 

Before we walked into the District Judge he asked me whether there is any room for settlement.

I said the Bank had offered £1K and I had asked for £7,5K

He asked me whether it was possible to meet somewhere in the middle and I responded that

if they would accept the £4.7K paid into court, I would accept it (not happily but in order to conclude).

 

he said "I shall go and take instruction".

 

5 minutes later he came back and said "No deal".

 

So before the judge now who said "im afraid its outside of my jurisdiction. Defamation claims need to go to the High Court !!

but he could transfer it to a Circuit Judge for a second opinion. However he asked us to go outside for a cup of tea

to see whether we could conclude.

 

The solicitor asked me whether the offer was still on the table. I said Yes.

 

he said "I will go and take instruction".

 

1 hour later he came back and said :"I am unable to get instruction", i.e. No-one at santander has the balls to make a decision.

It's probably done by a group. (If this had been Moses - The Jews would still be in Egypt)

 

So back before the judge. He has given us until the end of July to reach a settlement. If not, then we go to

the Circuit Judge. He also allowed me to extend the value claimed as "not in excess of £19.5K". I did that the out the frighteners on.

 

When we left he court, their solicitor asked me whether I will be making a Part 36 Offer to settle. I said I probably would

but the offer of £4.7K is now off the table. They had two bites of the cherry and declined so -- hey ho --

 

If they come back with a £4.7 K offer I probably will take it. It's not bad.

 

@BankFodder - I know that it is your view that Defamation claims can be dealt with by County Court and even by Jury.

Can you please quote the relevant CPR for this as I am seeing conflicting advice.

 

MOST advice says its only a High Court action but Practice Direction 7A says it can be County Court by consent of both parties.

 

 

Let's dig a little deeper. Thanks everyone for the little prayers and support.

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Well now how incredibly short sighted of Santander.. I will flag this for BankFodder's attention.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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More news from the "I don't f.....ing belioeve it" saga.

 

As expected, Santander came up with a Formal Part 36 offer. They say that they are doing this to avoid a High Court hearing.

This puts me in a difficult situation. I haven't taken any action since the last hearing but I expected them to come up with

around £2.5K which is a lonmg way short of the 7.5K last claimed and still short of the 4.5K i really think this is worth.

 

The formally offered £1000.

 

Now they have made me mad ... which is dangerous because I dont want to put a foot wrong here .... but £1K is an insult.

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I would not get mad about it, the first offer is unlikely to be their best, make your own part 36 offer and that might prompt them into making a higher offer and will also afford you some protection from cost if you use the correct wording.

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

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They are playing hardball perhaps because they know that this case could open them up to other claims where they have treated their customers detrimentally and unfairly.

 

'As ye sow, so shall ye reap' springs to mind.

 

Onwards and upwards to the High Court, where Santander shall be judged, and discover what the wages of sin really is.

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They are playing hardball perhaps because they know that this case could open them up to other claims where they have treated their customers detrimentally and unfairly.

 

'As ye sow, so shall ye reap' springs to mind.

 

Onwards and upwards to the High Court, where Santander shall be judged, and discover what the wages of sin really is.

carnt wait to see what happens I want to do the same to Yorkshire bank been chasing charges for over 6years
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  • 2 weeks later...

Thinking of taking my case to small claims against Santander, as they have harassed me by phone, ringing 8 times or more every day, even though we said we would only communicate by letter. We are paying our mortgage every month, but paying back on arrears of 2400 pounds. They are still not happy.....

Nationwide as well are harassing us, made them an offer, but no they would rather ring every day, twice a day.

Read this thread with great interest, maybe there is a god after all, not that I doubted it.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Thinking of taking my case to small claims against Santander, as they have harassed me by phone, ringing 8 times or more every day, even though we said we would only communicate by letter. We are paying our mortgage every month, but paying back on arrears of 2400 pounds. They are still not happy.....

Nationwide as well are harassing us, made them an offer, but no they would rather ring every day, twice a day.

Read this thread with great interest, maybe there is a god after all, not that I doubted it.

 

We will be very happy to help you. We have just had a good success for harassment against the bank of scotland.

Please post your story in a new thread

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