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    • make a new topic for each company. scan up to PDF their full responce   that way we wont be getting your knickers in a twist   most likely scenario will be straight off to the FOS if they've sent their final response don't forget very few will ever cough they did wrong at the 1st try use this thread for general info concerning all of them
    • Hi Guys   So a number of weeks ago I began the process of opening IRL claims on 35 payday loans.    15 of the loans are ongoing, with monthly credit commitments standing at around £2k per month.    I have so far written and sent letters of complaint on these 15 loans (to 10 different companies).    I have outline drafts for the other 20, although the structure is largely the same.    I have run out of momentum in a big way but having had a short break with my young family I am getting back on the case. I have begun to receive replies from the Companies in question, none of which have been favourable thus far. I have also not spoken with and come to an arrangement on a payment plan for a handful, which is adding to the stress and impact on my mental health.    My intention with this topic is to try to lay out in as concise a way as possible the history of these loans, the key figures involved and also an example of the letters that I have sent thus far.    From there I will share the responses that I receive and further action thereafter.    I am unsure on a number of issues if I am honest. I do not think that I provided anywhere near enough evidence in my letters, which is probably going to lead to a string of rejections. I can not afford to repay the loans under the initial terms and in any case I have no intention of repaying a single penny over the loan capital.    I am concerned about the effect that this will have on my credit file, the security of my mortgaged house, the prospect of bailiffs etc. should I run into problems while waiting for The Financial Ombudsman.    I feel it is therefore in my favour that I have not yet sent the other 20 letters, which request a refund of interest totalling nearly £4k, as I expect to have a much stronger case within a couple of weeks.    I am off to search the forum as I recall seeing a post about Etiquette when posting files, and I will have quite a few to upload. First being a spreadsheet which I hope will give a clear understanding of all of this.    Most of all I am hoping that, by the end of this process, my journey will give even a single person the means and hope to get themselves out of a similar position.    Thanks for reading.   Pierre.    
    • I am back as I today have got Notice to registered keeper showing parking charge amount due now is £100.   What shall I do now? ignore or appeal?   Please see below my answers now that I have received NTK.   1 The date of infringement? Answer: 18th June 2019   2 Have you yet appealed to the parking company yet? [Y/N?]  Answer:  I haven't appealed yet.  If you haven't appealed yet - ,.........   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it Answer: couldn't find the date however I received it today (22nd July 2019) Did the NTK provide photographic evidence?  Answer: Yes, although it only shows the number plate of my car.   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]  Answer:  No.     4 If you appealed after receiving the NTK,  did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Answer: I haven't appealed yet.   5 Who is the parking company? Answer: MET Parking Services Ltd.   6. where exactly [Carpark name and town] did you park? South Ruislip ASDA, (840) Arla old dairy    Please also see the attached copy of the NTK that I have received. Scan 22 Jul 2019.pdf
    • What would be the orders of the courts in this scenario? The only court involvement normally is the rubber-stamping of a bailiff warrant. What other court interest is there?
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john

judges requests

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Thanks Martin. Also I think I need to be careful what I put as its a business account and consumer law can't be used.

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Yes you are correct.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest willowb

There's that word again!! I've asked before so someone please tell this idiot what it means????:confused:

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Surely these are self explanatory.......being in the principles of the breaches by the bank in unlawful penalties.:rolleyes:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I don't understand why someone is an idiot for bumping their thread. In fact elsewhere on the site it is suggested to do this. This rudeness is surely unneccessary.

 

Many of us are interested in John's thread as we are following in his footsteps and may need the same advice.

 

I think, as far as i can see, the judge is asking specifically WHAT the breach of contract is, and not just generally that

'they are invalid under the Unfair (Contracts) Terms Act 1977 s.4'

 

and for part iv, exactly which contractual terms are unenforcable.

 

I have read the supply of goods and services act. here is the relevant section.

 

15 Implied term about consideration

1.

Where, under a contract for the supply of a service, the

consideration for the service is not determined by the contract,

left to be determined in a manner agreed by the contract or

determined by the course of dealing between the parties, there is

an implied term that the party contracting with the supplier will

pay a reasonable charge.

 

2.

What is a reasonable charge is a question of fact.

 

 

I wouldn't know what the matters relied on for basing my claim would be either.

 

 

Hey, John, we must both be idiots then!!!!!!!!!!!!

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Whatever the rights and wrongs here.......lets remember that we all have the same interests and end results in our sights so guys lets carry on and continue with the job in hand.

 

Theres should be no conflicts on here.........after all this is a self help site.

That relies on everyone working together !!

 

 

:D


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks verity. That’s exactly it. Bankfodder pm’d me last week and asked for a scan of the judges order, which I sent him, but have had no reply yet. Have only got until Wednesday to take it into court and don’t want to make any mistakes at this stage. If I mess up it might affect future claims for people.

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Right, I’ve come up with what I think are the answers to the judges questions. I was wondering if a mod can check with Bankfodder that this is all correct before I send it in.

 

 

 

Q. The nature of the breach of contract in respect of which it is alleged the charges have been made

 

 

 

A. The breach of contract is that these charges have been applied to the account contrary to the Unfair Supply of Goods and Services Act 1982 s15 and The Unfair Contract Terms Act 1977

 

 

 

Q. The contractural terms alleged to be unforceable

 

 

 

A. According to the Unfair Contract terms Act 1977, it is stated that all terms in contracts should be transparent. As the bank refuses to show a breakdown of their charges then the term is not transparent. Also the term should be fair and reasonable. It is not fair or reasonable to charge around £30 to send out an automated letter to advise of the charge

 

 

 

Q. The matters relied on for basing the claim on S. 15 Supply of Goods and Services Act 1982

 

 

 

A. Section 15 Supply of Goods and Services Act 1982

 

 

 

Implied term about consideration

 

 

 

 

 

1. Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.

 

 

 

If the charges applied to the account are deemed by the defendant to be reasonable then why has the defendant declined to supply a breakdown and justification of these charges?

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I don't understand why someone is an idiot for bumping their thread. In fact elsewhere on the site it is suggested to do this. This rudeness is surely unneccessary.

 

Hey, John, we must both be idiots then!!!!!!!!!!!!

 

Verity, before you go off on one, it is quite obvious that Willowb is referring to HERSELF as the "idiot" who doesn't know what "bump" means. It is of course her privilege to call herself such a name if she so wishes, and I can hardly moderate her for doing so :rolleyes:

 

John, part of the UCTA you may want to refer to as well is the "test of reasonableness", in particular whether the purchaser (you) had the bargaining power to negotiate better terms, and whether the contract was negotiated or in standard form, which both would come under scrutiny of the court when deciding on unfair terms.

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apologies. can see that now. read it totally wrong and felt sorry for john. Sorry willowb.

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After looking at the questions asked I think the replies quoted do not answer two of the three questions. My versions are in red: -

 

Q. The nature of the breach of contract in respect of which it is alleged the charges have been made

 

A. The breach of contract is that these charges have been applied to the account contrary to the Unfair Supply of Goods and Services Act 1982 s15 and The Unfair Contract Terms Act 1977

 

A. Insufficient funds to cover outgoing payment from the account and overdraft limit exceeded.

 

 

Q. The contractural terms alleged to be unforceable

 

A. According to the Unfair Contract terms Act 1977, it is stated that all terms in contracts should be transparent. As the bank refuses to show a breakdown of their charges then the term is not transparent. Also the term should be fair and reasonable. It is not fair or reasonable to charge around £30 to send out an automated letter to advise of the charge

 

 

Q. The matters relied on for basing the claim on S. 15 Supply of Goods and Services Act 1982

 

A. Section 15 Supply of Goods and Services Act 1982

 

A. Although the charges are disguised penalties, the defendant states that they are charges for services. I am not aware of a service that involves non-provision of a service. Any service that the defendant performs on my behalf has to be under my instructions and these were not. If they are indeed services then the costs are excessive under Section 15 Supply of Goods and Services Act 1982.


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Guest willowb
Verity, before you go off on one, it is quite obvious that Willowb is referring to HERSELF as the "idiot" who doesn't know what "bump" means. It is of course her privilege to call herself such a name if she so wishes, and I can hardly moderate her for doing so :rolleyes:

 

.

LOL....OK SO I'M AN IDIOT ALREADY!!!:-|

 

That's ok verity.....I know that communicating in forums can be somewhat lacking in clarity when you can't see the person's facial expressions! :)

 

back to thread......

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i have now sent back my reply to the request (thanks to bankfodder for his help), and got it all in a day before the deadline. i am now waiting for the next stage?

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I have just filed a claim via MoneyClaim and RBS have acknowledged it so im about to embark down the path of legal ping pong so i am extremly interested in seeing how your claim pans out john

 

Go get em


:-x Royal bank of Scotland :-x

£2391.82 + 8% + legal costs £220.00 = £2911.88

Data Protection Act request - 01/07/06

Prelim Request - 25/07/06

LBA - 08/08/06

Claim filed - 22/08/06

Acknowledged - 25/08/06

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AQ sent 10/10/06

AQ Received by court 12/10/06

Copy of RBS AQ received 14/10/06

Now We Wait ................

 

:-x Capitol One MasterCard :-x

 

Data Protection Act Request - 15/10/06

 

:-xCiti Bank Visa Card :-x

 

Data Protection Act Request - 15/10/06

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Hi guys

Just had letter of acknowledgement from rbs re my 'intentions to go to court' letter - no offer - just a reminder of correct address to send claim to! So hey ho, it's off to court we go (at least 12 times with the amount that i want to claim back). I'll keep you posted of my (hopefully)news of successes.

Fiona

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just reading the thread with great intrest as i am getting very close to this stage. good luck.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Just a quick update. Telephoned court on Tuesday to find out what was happening. RBS/Cobbetts had until 7th September to submit an ammended claim. Apparantly there is no record on the courts system of anything from them, only of the information I have supplied. All the file is now with the judge so I've no idea what will happen next. Will ring again early next week to see if theres any progress.

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Guest willowb

Hi John:>)

 

Ooooooh I smell a victory looming ;>)

Wxx

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There's that word again!! I've asked before so someone please tell this idiot what it means???

 

Nobody appears to have answered you yet... BUMP stands for Bring Up My Posting.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest willowb

Ahhhhh thank you Barracad....d'oh!

 

Wxx

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Your letter's fantastic Martin. I have just worded a similar letter but without this bit....ingenius! using their own information against them! I'll certainly be refering to it again!

 

In respect of the relevant clauses and contract terms, I sent a letter to the defendant, Royal Bank of Scotland (RBS) several months ago asking for such relation of charges. Unfortunately they did not send a copy of the original terms and conditions. I have endeavoured to obtain them in multiple trips to RBS branches, but the best I have managed to retrieve from them is a leaflet about charges.

In respect of the charges detailed on the enclosed spreadsheet, the relevant statements of the said leaflet are as follows;

· Where just a date is given, this relates to

o Service charge £10

§ Monthly maintenance charge

· “If you borrow more than your agreed overdraft limit you will be liable for a maintenance charge applied monthly, 16 days after the end of the charging period (or the next business day if this is a Saturday, Sunday or Bank Holiday). The charging period is normally in line with the date that we send your statement to you.”

· Paid referral £30 per day

o “If we pay a debit drawn on your account which results in an unarranged overdraft, a daily referral charge is payable and will be applied monthly on the sixth business day of the following month.”

· Unpaid items £38 per item (previously £35)

o “Payable when a cheque, standing order or Direct Debit is not paid due to there being insufficient funds available on your account”

· Unauthorised transaction fees £35

o Card misuse

§ “Payable when we are forced to pay an item which has been supported by cheque guarantee or Maestro although there are insufficient funds available on your account”

· “When your account is overdrawn in excess of any agreed overdraft limit, a maintenance charge will also be applied.”

Wx

 

 

 

 

glad to see my letters doing the rounds, big col and few others used it as well....bet lynsey B's getting a sense of deja vu!

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Hey all,

 

Looks like Cobbetts have a few templates of their own, as I have just received a similar defence letter from lynsey B!

 

I am slightly worried that these letters are stalling tactics till they find something new to halt us with!

 

However I am ploughing on with the advice above.

 

Is there a definitive way to answer the UCTA questions that cobbetts are asking? i.e. please identify the contractual provisions that the claimant alleges are invalid with reference to UCTA.?

 

Has anyone actually gone through this stage and had their day in court - or better still had their money back from RBS?

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read big cols thread in rbs section.

Also note there is no requirement to fill in the part 18.

 

Lots of Rbs claims in the system.....Cobbetts have recently moved to bigger offices in Leeds........and very likely to have a BIG team on this.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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