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    • Latest letter. Doesn't appear to contain anything new that needs action. Sadly one of our group paid, I'm not sure at what point.  3 of us still ignoring  Trace letter 25 May 19.pdf
    • As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/   You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.   I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/  
    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
    • Received paperwork now from them prior to 30th deadline. is it worth uploading here or just send my 181 back with the draft directions from my side? 
    • Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
ally7770

Action against BoS

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I'm just about to start my legal action against the Bank of Scotland and looking for further bit of advice. Seem to recall a thread not long ago advising that charges for unpaid items (DDs) had to be pursued separately from charges for unauthorised overdrafts. I've never actually been charged interest by the Bank of Scotland for having an unauthorised overdraft (which has only ever happened due to the charges for unpaid items being applied) although I have been charged unauthorised overdraft fees (usually £28 for going overdrawn as a result of the unpaid items charges applied.:mad:

 

Can I include both "returned items charges" and "unauthorised overdraft fees" on the same claim? On most of the earlier statements, all charges are listed as "returned items charge" but on the later statements they are referred to as "charges as notified", which I presume refers to the letters sent at the time advising of the charges (the actual letters sent being something I do not have).:confused:

 

Also, in my original letters directly to the bank, I did not include any interest on the charges I was requesting to be refunded. As they have refused my request for a refund, I have now calculated interest for my claim using the spreadsheet on here and split the total amount being claimed for (nearly £1800) into three claims to avoid going over the small claims limit for Scotland - do I need to explain why I am now adding interest to my original (refused) claim or will this not matter?

 

Thanks in advance for any advice.

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Hi Ally. I`m just starting my action against BoS. You can claim for ANY charge they have taken from account. Always useful to quote sections 5 - 8 of The Unfair Terms in Consumer Contracts Regulations 1999.

Keep at it and good luck!

Ali

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If you were going to claim contractual interest (29% ish) this needed to be included from the start, but this is still debatable and most people aren't doing this. When you actually submit your claim against the bank the 8% statuory interest is added as part of the N1. This can't be included before the claim is submitted so your right on track for this.

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