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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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willowthewysp v A/L


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I have just received another letter from A/L!

In bold letters across the top it reads....

'NOTICE OF INTENTION TO PROCEED WITH DEBT RECOVERY ACTION'!!!!!

A/L are now putting the matter into the hands of their debt recovery section to begin proceedings for recovery of the amount quoted(which has gone up since their last letter)!I must pay the FULL amount within seven days!!!

 

Im getting worried now!...I have wrote a letter explaining that as my account is in dispute, they should not take any action against me....they have either ignored that or the letters have crossed in the post.

 

My current situation in claiming back my charges is.....

Finished my spreadsheet, filled out fee exemption form, now i just need to fill out my claim form and send it (today!) to my local county court.

If i have got this wrong, could someone please notify me asap!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Right don't panic, this will soon be sorted out. Did you do your court claim today as planned? If not add any new charges to your schedule and get your claim in. If you have any problems with claiming, post them on your thread so we can try and help. If your claim is already in then start another claim after this one has been settled.

 

Write to the person who sent you this new letter and tell them that the account is in dispute and that you have submitted a court claim for unlawful bank charges to be reimbursed, and that when this is sorted you will settle your account (assuming that is your intention). It might just be a case of the left hand not knowing what the right hand is doing, or it could be as you say, letters crossed in the post.

 

I believe you have your parachute account up and running so I would say that everything is pretty much in hand.

 

Keep us posted if there is anything else.

  • Haha 1
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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All forms/claims and spreadsheets now ready to print and post.

Writing another to A/L informing them of court claim, and yes, i do plan to pay the debt owed to A/L when i get reimbursed, so will include that in the letter.

Am trying not to panic, but have never been ina court room before, let alone as the claimant...just hope my nerves don't give out on the day!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Will be posting inabout an hour!

I have put the following in for the court, if this is wrong could someone let me know?!

3x claim forms...2 for the court and 1for me(to have a seal put on it)

2x fee exemption claim forms(the form guide notes request this)

2x spreadsheets with 8% interest added(have also printed out a copy for myself)

Tax credits award notice(for fee exemption...proof of benefit)

 

Hopefully i have got this right!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

I don't think you are going to see the inside of a court room any time soon either unless you get arrested for something. All you will get as a result of this is a cheque.

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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Oh, nearly forgot...

Do i need to send anything else to the bank relating to this claim?...

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Share on other sites

I don't think you are going to see the inside of a court room any time soon either unless you get arrested for something. All you will get as a result of this is a cheque.

 

 

HaHa!Hopefully you are right!

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

No, it's all up to the court then and A&L to respond. Start thinking about having a good Christmas and all the goodies you'll be able to have. I can't think of anything else you need.

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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Well, its all in the post now!

Will wait and see how A/L respond!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Now that's over, Its just a case of sitting back and waiting for a letter confirming that your cheque is on the way!

 

Merry Christmas

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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:confused:

I have just received another letter from A/L!

They had already replied to my letter before action...refusing to refund, so i went ahead and submitted my claim to the court, i only did this on friday, so this new letter can not be a response to that.

A/L would now like to offer a PARTIAL refund of £553.00!

Obviously i am not going to accept this offer!

Should i just ignore it?

Will it affect my claim to the court? (A/L had previously refused to refund)

Do i write to A/L explaining why i am refusing their offer?

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Share on other sites

Just write back refusing the offer and tell them you have put in a claim for the full amount.

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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Will do so today...thankyou!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

Received 'Notice of Issue' from the court.

A/L have now until 8th December to respond.

Is there anything i need to do in the meantime?

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

A shopping list for how to spend the money with Christmas coming might be useful.

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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  • 2 weeks later...

Have just received a letter from court...it appears A/L have indicated an intention to defend all of the claim, they have from now 26 days to file a defence.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh! ....now im worried!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Share on other sites

Why? They always say they will defend and then pay up. Nothing to worry about at all IMHO.

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 Know...having read other threads, that seems to be the case, but i still worry!!!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

I would just like to say a HUGE thank you to everyone who has helped me in my claim against A/L......

Yes! I received settlement in FULL this morning!

I am still in shock, as the last i heard A/L were defending!

Quite a sum of it has to go back to them mind, but i can still buy the kids xmas pressies and not worry to much!

As soon as cheque has cleared and i know exaclty what needs to go where i will be making a donation.

I simply could not have done this without all your help!

THANK YOU!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

Thankyou!

Im very happy with the result, although i do need to check that A/L have taken the default they put against me off,as they havn't said thay have!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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