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    • Spot on, thank you.   Will they give me a hearing before a week in Friday?
    • Yes but they can never explain how then can enforce and the debt has never been enforced through the courts in the UAE either.    Mr Coyle and his band members from CWD and now IDR they seem to be crossing over can never explain and it annoys me and when you talk to the FCA or FO they say it’s fine in some respects but it’s not. 
    • It sounds like the judge has ordered that payments are to commence on 30th August but you won't know for sure till the order arrives from the court.   Sadly, you are correct in that if you don't make payment in line with the order then the lender will most certainly apply for an eviction warrant again.
    • I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.  The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]
    • ok so just file my Defence exactly as I have posted for now ?   will filing it on mcol before the tuesday deadline give them too  much leeway or it wont matter even if I file it tonight ?
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HSBCrusher

The time has come to "crush" lloyds..

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Hello folks here in lloyds.

 

I have been wanting to sort out my lloyds accounts for some time, but some website has been taking up my time....:rolleyes:

 

Anyway, they have provided me with some extra motivation today. A dd was due yesterday, I paid in more than enough to cover it in cash, when the branch opened that very morning. It was made clear what the money was for, thats OK said the cashier.

 

Letter came today.

 

Returned the dd due to lack of funds! Yep, as I did not manage to pay it in at midnight, (as the branch opens at 9.30 :rolleyes: ) they returned the dd.

How is it possible to pay in money at midnight I ask you?

Had a delightful conversation with an idiot on the phone (not all bank workers are idiots by the way, but this one was). I said, OK, if my mortgage goes out on the last day of the month, as I get paid on the last day of the month, would that be returned?

No.

Berks! :mad:

 

Statements all ready, spreadheets ready, first letter ready.

I will be claiming for a current account, and a credit card.

 

Crusher is coming Lloyds... coming to crush you!:D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Good luck Crusher- bring them down!!!


I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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thanks Sarah! :D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Well, first letter went off, I have had my reply.

 

Can't refund the charges as they are for a "service"... :rolleyes: what utter nonsense.

 

LBA will be in the post tomorrow. :D

 

Services indeed!


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Time is ticking Lloyds.:D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Go crush em crush!! You'll probably find Lloyds are a bit tougher to beat than HSBC though - you may even need the plunger;)


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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You'll probably find Lloyds are a bit tougher

Yes, I have gathered that.

I am very confident though, especially after I saw the court papers you drafted up Gary, first class! :D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Best of Luck Crush!! I'm sure you will have no problem beating Lloyds...Happy New Year!!

 

R22


Prelim Sent 30/10/2006

LBA sent 13/11/2006

Court Claim submitted via Moneyclaim 06/12/2006

Claim deemed served on 11/12/2006

No acknowledgement by 25/12/2006 (14 Days)

Entered Judgement by Default 28/12/2006

Issued Warrent 15/01/2007

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Thanks for that R22.:D

Whether you have taken on one bank or 10, it still is a major undertaking!

All the best with your claim too! :D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Just registering my interest (compounded Contractual of course) !!;)

 

Have a Great New Year !! :D


---------------------------

ARE YOU A BUSINESS CLAIMANT?

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

GO HERE !

 

CAN'T FIND WHAT YOUR LOOKING FOR?

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

-----------------------------

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Well, your claim is considerably bigger than mine, although I am claiming contractual interest on this one.

Cheers Photoman, speak again next year! :D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi Crusher

We have exchanged views last couple of days

 

Some of my observations regarding past posts and your present battle with LTSB.

with reference to Citi shall we not assume there is at least 1 trojan in each of the banks threads?

Giving this would it be an idea to disguise amounts,location,name, up and until serving court papers?

I am about to launch LSTB claim can I pm you with a request for your view as the claim has a twist?

You have followed and commented on the member with the 55k claim should he not be advised to keep really sensitive and ground breaking data to select view?

Just my thoughts -C


LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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I didn't say before but my LBA went in more than 14 days ago, so it's time for mcol.

Here we go again.:)

 

I will get it sorted out tonight.

 

On your comments C...

 

yep, I agree, really confidential stuff is best kept under wraps.... but really most of the information is out there already. I would always advise that users do not use real names as user names.

And yes, I know that bank workers do come on here and look. But I do think this works both ways. If they see that a claimant knows his/her stuff inside out, they know that perhaps a "tough cookie" might just as well get settled sooner rather than later.:D

 

Did you pm me by the way?


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi everybody. This is the absolute first time that I have ever joined in a forum so hope I get it right but I am so furious about Llloyds heavy handidness over the years and their exorbitant charges. I was finally driven to action by the success of the chap featured in The Mail this week who sent in the baliffs to his local bank - power to the people! Have found the info on this website really useful. Luckily I have all my statements but it has taken me two days of filing to sort them out and was stunned to see the amount I have put in the pockets of Lloyds. As I have nothing to lose by starting action, I am fired up and ready to go!

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Excellent! Welcome to our forum!

 

Be sure to really read up well, as lloyds are not the easiest. There are links in my signature if you need them.

 

You will get your money back if you put in a little bit of work..:D

 

Crusher:D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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thanks for advice! Will sally forth and let you know what occurs!

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Superb!

Open up a thread of your own here in the Lloyds forum, we can help you out along the way. :-D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Its amazing how quick lloyds will issue their charges and no matter how logical or obvious your argument is they will just charge first.

 

This proves it is automated.

 

The one that sent me over the edge was about a year ago I organised a holiday for me and some friends.

I made the payment on my credit card and then the friends give me back the money (in the form of a cheque) which I put into my account.

Now I waited 3 days for the cheque to clear, thent went onto my bank account website, and instructed the bank to make a payment to my credit card.

Now in fairness I should have checked that the cheque hadnt yet cleared, (there must have been some more minutes that they can get extra interest from keeping it from me uncleared) anyway I didnt notice the difference between account balance and available balance.

 

But this is the thing that really got me.. I had waited 3 days but it was not quite there, apparantly if you dont deposit a cheque early enough in the day then that day does not count in the clearing process, and then this bugged me even more, the ammount that I instructed them to pay was the exact same ammount as the cheque, so to me it seemed completely obvious that the funds were going to be there, it was just a couple of hours out of time. GGRRRRR!!!! needless to say they bounced the cheque and I went overdrawn!!!

 

I could not believe they treated me like this, I tried to complain to them but whats the point.

 

Anyway good luck with your claim.

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And you.... :-D

 

Take these guys to the cleaners. Greedy bunch they are.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Funny.

I was going to do my mcol last night, its way overdue. It was so late in the evening though, I decided to to it today.

Good job I put it off one more day, I got a letter with a refund in full, the charges and interest charged on those charges! :-D There was no other interest included as I requested, but as I see it this is as far as I can push it. If I now proceed to court I will effectively just be fighting for the interest, this would cost me the mcol fee etc etc. Best leave it here.

I checked the bank, it's in there already!

 

Now, on with the credit card....... :-D


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Congratulations - was it S,C&M that were dealing with the cae?

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Didn't even get as far as that, it was customer services that paid up, which is unusual.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Good work Crusher.;) Same just happened to me in my second LTSB claim. I was late filing MCOL and they paid just before I did!

 

Do you mind me asking how much the claim was for?


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Morning Gary.

just under five hundred quid


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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