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    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
    • Hi everyone,  There were many topics on this issue in the past. May I please have an update if anyone managed to buy or sell the house with the leasehold air space on it? would the bank lend the mortgage?  If I was not informed about the complications when selling the house. instead, they told me that this would add value to the house and sell faster which is the opposite. Can I file the case and dispute it for mis-sold and misrepresentation?  I am in the year 9th and I was not aware of the issue until I wanted to sell my house. There has been no communication since I signed the contract. The company has never contacted or updated me on how much energy the panels generated how much I used etc.    This is a free panel from the government schemes, run by  Freetricity.   Thank you   
    • All together.   
    • should i copy them in the same email or seperatley ?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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my positive experience from the county court


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hello to all (fellow bankcharge fighters).If it is of any help to you,i paid a visit to my local county court today and explained to the judge of my pending appearence if the defendants have the bottle to turn up and answer to my claim.

 

What a bloody brilliant response i got from the judge and the court usher,i couldnt beleive it when i was given a full tour of the court and an explanation of what happens where and when.

 

The judge invited me to sit in whilst he dealt with a civil case,someone trying to get money from the defendant and rightly so.I was gobsmacked at the smooth running of the procceedings that was admininsterd by the judge.After the hearing i approached the judge and thanked him for allowing me to sit in during the case.

 

Your welcome he said,is there anything that you wish to ask me.After a few hesitant questions he told me that when i represent myself if the defendants provide a legal bod (AS I CALL THEM) They will not be permitted to bully or intimidate me in anyway during the hearing.

 

All of my fears and concerns about going to court have completely dissapeared now and i reccommend that you do take this sites advice and pay the court and the sitting judge a visit just like me.what a positive experience this was from the county court and particularly judge chesterfield. I would like to finish with a thankyou to all involved at the court and i hope that this post may be of some help to all other (fellow bankcharge fighters).kind regards kenny ward.

  • Confused 7

let the games begin.

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I'm suprised you were let into hear a case if it was the small claims court. These are usually behind closed doors. Other cases in the courts for claims of over £5,000 are held in open courts unless directed by a judge to closed court.

 

You can go to any court Magistrates, Crown and County and sit in on cases.

 

When going as a litigant in person you should write down and highlight what you wish to say so as not to forget anything, tick it off as you go through. Take three copies of everything. Take a large note pad and take notes.

 

Speak slowly and clearly so the judge can take notes. Address the Judge as Sir or Maam and keep your mouth shut when anyone else is speaking.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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hello to all (fellow bankcharge fighters).If it is of any help to you,i paid a visit to my local county court today and explained to the judge of my pending appearence if the defendants have the bottle to turn up and answer to my claim.

 

What a bloody brilliant response i got from the judge and the court usher,i couldnt beleive it when i was given a full tour of the court and an explanation of what happens where and when.

 

The judge invited me to sit in whilst he dealt with a civil case,someone trying to get money from the defendant and rightly so.I was gobsmacked at the smooth running of the procceedings that was admininsterd by the judge.After the hearing i approached the judge and thanked him for allowing me to sit in during the case.

 

Your welcome he said,is there anything that you wish to ask me.After a few hesitant questions he told me that when i represent myself if the defendants provide a legal bod (AS I CALL THEM) They will not be permitted to bully or intimidate me in anyway during the hearing.

 

All of my fears and concerns about going to court have completely dissapeared now and i reccommend that you do take this sites advice and pay the court and the sitting judge a visit just like me.what a positive experience this was from the county court and particularly judge chesterfield. I would like to finish with a thankyou to all involved at the court and i hope that this post may be of some help to all other (fellow bankcharge fighters).kind regards kenny ward.

 

thats a great post! I have been thinking about visiting my local court, as per FAQ's, its encouraging to me (and probably others) to hear about your positive experience.

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Really great post, thanks Kenny :)

 

I'm sure I'm not the only one who finds the thought of court intimidating but I have to say, since I found this site & started reading & claiming my charges back I'm begining to see how they can work to the ordinary persons advantage.

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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I'm suprised you were let into hear a case if it was the small claims court. These are usually behind closed doors. Other cases in the courts for claims of over £5,000 are held in open courts unless directed by a judge to closed court.

 

I'm sorry but this is quite wrong.

Although the cases are heard in closed office rooms, this is only because it is more practcial to have smallish courts and alos no one normally is interested. However, almost all court proceedings are held behind "open-doors" and you have a right to be there and to see justice being done.

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I have had a case in the small claims court before (in Scotland) and everyone involved in all of the cases being heard in that session were in the room and the cases heard one by one.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Well done Kenny - I'm now tempted to go along and have a look myself.

 

Even if your own case doesn't get to court (and it seems that hardly any do), it's bound to give you a bit more confidence in your dealings with the bank and/or their solicitors.

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Kenny is quite right, it makes a huge difference. I went to an industrial tribunal sitting before my husband's case, where I was representing him, and my word, what a difference it made! When I saw the way the little person was helped by the panel against the big company, (even though he was totally in the wrong and I couldn't believe he'd even tried to take his ex-employers to court, frankly!), I lost most of my apprehensions. It was th ebest thing I'd done, and if any of my claims here gets closer to a court appearance, I shall definitely be doing the same for County Court.

 

Thanks for that, Kenny.

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Not trying to hijack the thread here, it's sort of similar, but when I go to file a claim, I live in London, but work in Southend and stay here midweek, can I pick what court I file the claim in? I would rather do it in Southend.

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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I attend County Court often for work purposes and I would say the Judges tend to be very lenient to a individual who is Claiming against a Co-operation especially if they have legals reps. Even more so if you are well-mannered and explain that they are not use to attending court but are trying to follow all the rules.

 

In a personal matter I was took action that ended up in the Fast Track Claim and I was up against a Barrister & Solicitor and the Judge was fantastic with me. I didnt win the case (long story) but Barrister wanted £6k in legal fees but the Judge reduced this by half.

 

I think its a great idea that you approached the court

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

let the games begin.

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