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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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a184

HBOS charges reclaiming

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When I'm taking the card companies to court (just for the Data Protection Act at the moment), how do I justify using my local court, as their head office is somewhere in England (I'm in Scotland).

I cant say as per Scotia's claim form example that "the defendant has a branch in my area therefore it is under the jurisdiction of this court"!?

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The addresses are usually at the top of the particular forum.......

have a look see

 

 

Dave

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** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

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a 184

 

Have a look at the Govan Law Centres Statement of Claim

 

first para

This pursuer is a consumer within the meaning of paragraph 3 to schedule 8 of the Civil Jurisdiction and Judgments Act 1982 as amended. The pursuer is domiciled within the Sheriffdom. This court accordingly has jurisdiction.

 

Best of luck charlieho

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Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Thanks for your reply Dave. I really was after a name- don't I need a specific name to take to court, or can I just make the defendant, for example, "Barclaycard Plc" ?

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Perfect! Thank you, charlieho!

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You can't sue your bank manager.

 

Employees have no liability for their company's debts, and if you name them as a defendant the claim will get struck out.

 

The defendant is the bank, so just simply write the name of the bank as the defendant.

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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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Employees have no liability for their company's debts, and if you name them as a defendant the claim will get struck out.

 

Ah, I was unsure about this - thanks for clearing that up barracad !

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Hi,

 

After my DPA request, Capital One and Egg both sent me a huge list of communications (phone calls, letters, etc), and other computer printouts which didn't really mean anything to me, between them and myself and described these as "details of manual intervention".

 

My question is this: Can Capital One and Egg now turn around in court and say that there has been 'cases of manual intervention' or whatever, and therefore defend the reclaiming of bank charges?

 

a184

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Hi,

 

I recently went into an unauthorised overdraft. I am claiming the £30 "Paid Item" fee back, which BoS charge for honouring a transaction when there aren't sufficient funds in my account.

 

However, they're also charging me £28 for going into an "unauthorised overdraft". Can I claim this back, or is this a justified fee - they could be chargeing me for providing the overdraft service (although I'm also charged about 5% for the unauthorised overdraft)?

 

Any advice is most appreciated.

 

:-)

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Hi,

 

I recently went into an unauthorised overdraft. I am claiming the £30 "Paid Item" fee back, which BoS charge for honouring a transaction when there aren't sufficient funds in my account.

 

However, they're also charging me £28 for going into an "unauthorised overdraft". Can I claim this back, or is this a justified fee - they could be charging me for providing the unauthorised overdraft service (although I'm also charged about 5% for the unauthorised overdraft)?

 

Any advice is most appreciated.

 

:-)

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Claim them all back. I claimed both the £30 fees that allegedly cover their costs and the £28 "Unauthorsied Overdraft" fees.

 

You can also claim back your intrest on the charges, there are p[lenty of threads around that tell you how this is done.

 

Best of luck!


Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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thanks andybhoy

 

also, does anyone know if I can request they delete this incident from my credit file?

 

---it was my fault i went into a £6 unauthorised overdraft at first, but they made it worse by charging me for this!?

 

thanks in advance for any help.

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Yes you can! Ask for the default notice to be removed. See the templates section for the right letter. You can claim back the excess overdraft fee of £28 and the £30 charge because they are unlawful, irrespective of whether it was your fault that you went over your agreed limit. Most banks and CCards have reduced their late payment fees to £12 now because of the OFT ruling in June. Even the £12 was a guideline, when it probably really only costs £1 to "administer your account" Good luck!

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thanks jimmelling!

 

i'm gonna give those banks hell!

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I'm keen to get my refund ASAP

 

Can I claim all the charges back now? (one of them isn't taken from my account until the end of October).

 

Thanks

 

 

:-)

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Hi,

 

Bank of Scotland (BoS) sent me a letter offering me £58 in FULL AND FINAL settlement after I sent them the Letter Before Action (LBA). This £58 was the full amount I was claiming so I was excited to accept it and not have to go to court.

 

I filled out their acceptance form, changing it to reserve the right to contest future unfair charges and sent it away. It was after postng it that I remembered that this means by not taking them to court and accepting their offer, they're not going to remove the strike against my credit report.

 

Is there ANYTHING I can do now, or do I have to accept that I can't get my credit report changed now?

 

Thank you, and Merry Christmas.

 

a184 :-)

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Hi a184.

 

All is not lost.

First, try writing to them and asking them to remove the default as it was due to unlawful charges which they have now repaid to you.

Point out that you accepted their gesture of good will, thus saving them the expense of a court case, so would they be prepared to remove it to avoid the necessity of another court action.

 

If that doesn't work then it may well have to be court. In that case I suggest that you post this question in the Debt and Bailiffs Forum as default notices figure heavily in the DCA's armoury. There are users there who will be able to help you.

 

Click this link for the DEBT AND BAILIFFS FORUM....

 

Good luck.

 

Regards, Rooster.

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Thanks for the advice Rooster - I'll get right on it!

 

:-)

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Hi,

 

HBoS have been messing me around since June 06, I'm trying to get copies of my statements under DPA. I've followed all steps and now only opion is to take them to court to get statements.

 

In the Scottish Small Claim Summons Form it asks for "Claim (form of decree or other order sought)".

 

Is this the part where I write "Order under Section 7 and Section 15(2) of the Data Protection Act 1998" or do I write something else?

 

Sorry if this seems a stupid question, but I really just want to get the form sent away and get my statements!

 

:-)

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Hi, Sorry I misread your question.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Thanks.

 

Just another question:

 

You said "Plus expenses of bringing the action" - do I list the expenses or does the court somehow calculate this?

 

Oh and what goes in the " Action for/of " box (bearing in mind that this is a DPA compliance request, NOT a request for payment)?

 

cheers

 

a

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Hi,

 

I'm filling out the form to take BoS to court.

 

In the example statement of claim, there's nothing that tells me what to write regarding telling defendant (BoS) to remove the default on my credit report. Can someone please tell me what to write/advise me where I'll find what to write so that when the court orders BoS to pay up they'e also ordered to remove the default from my credit report?

 

What I mean is what do I write in my court claim to get the bank to remove the credit default?

 

I've looked everywhere and can't find an answer.

 

Thank you

 

a :-)

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You could try this below

 

 

Quote:

-

 

 

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

 

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

 

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

 

 

date

 

 

 

-

.

.

© Reclaim the Right Ltd.

.

.

.

S.10 gives a powerful right to Data Subjects. If you have been defaulted because of a debt comprised wholly or mainly of penalty charges then this could provide a solution.

 

You are advised to discuss it thoroughly on the forum first.

 

Also you should read the Data Protection Act FAQ and also ss.7-14 Data Protection Act before using this notice. Not that it is especially problematic. Only that you should understand what you are doing before embarking on any litigation oriented route.

 

If the bank challenges this notice, it is likely to be on the grounds

 

 

 

 

a) that you consented to the data processing

b) that the penalties are not unlawful

The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and that secondly that you have made a realistic attempt to resolve the matter before litigation.

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Hi A184,

 

I just wanted to say good luck. I am in exactly the same position as you but with Egg plc not BOS.

 

Kind regards,

 

hondamad


__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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thanks for your replies.

 

as I've already written to BoS and they've refused to amend my credit report, I was really looking for something to put in my refund claim form that would force BoS to amend my credit report (eg an order from the court).

 

does anyone know what I can write?

 

Cheers,

 

a184 :-)

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