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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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
        • Like

Brian V's Lloyds ** WON **


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hi everyone

Let me start with many thanks for the site as it has been a great help in the whole process of claiming back unfair bank charges.

I have followed the process within the site to claim back charges against lloyds TSB. I'm sure it will not supprise anyone but they have been giving my whole process a dam good ignoring.

I have received a date for court which is fastly approching and I need to fully prepare to ensure all bases are covered I would appreciate any guidance to help me compile my water tight claim.

The court date was sent with some requirements mainly for the defendant but would appreciate advice on the following statement " The parties shall send copies of all relevant documents to each other and the court." During all my procedings copies of all documentation has been sent to both the court and Lloyds TSB. I assume this covers this requirement but if not please let me know soonest so I can get it sent again.

Like Gary H I never included the 8% interest charge to my claim. Is it worth mentioning this at court or have I lost the opurtunity.

Cheers Brian M:smile:

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This appears to be the main hearing and not a preliminary hearing. This link should help:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

What you have exchanged thus far certainly does not cover it.

 

The provision of this bundle should act as a catalyst for settlement of your claim.

 

Turning to your interest question I presume you did you not include it in your particulars. I doubt you will make it to court to mention the 8%, but in the event you do, I would mention to the judge that you omitted to include it, the judge may sympathise as you are a litigant in person.

If I have been helpful please click on my star and add a comment.

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The court bundle is complete and sent special delivery on Saturday I missed the guarantee delivery for Monday so this will arrive with them slightly late of the 14 days period. Has anyone had any problems with SC&M with them receiving this late. I have never received a copy of the AQ from SC&M and now I have not recevied any relevant documents for the court case is this all normal.

 

Brian

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Courts are generally not be too concerned if you miss a deadline by a few days - I presume you sent the bundle to them too.

 

Do not be too concerned about the AQ, not really that important now.

 

Unlikely you will receive a bundle from SCM, but once the deadline passes, write to SCM and copy the court and say that they have failed to comply with a court order and accordingly their defence should be struck out. This should help speed up the settlement.

 

Have you read post number 15 of this? Should be a real turning point:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

If I have been helpful please click on my star and add a comment.

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Cheers once again

I did send it to the court also and thats a fab idea about writing to them saying they failed to comply with the court order. I am virtually ready to go to court if required and feel it would be a little bit of a anti-climax if they settled before. But would save taking the afternoon of work.

 

Will keep everyone updated on my progress.

 

Brian

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Hi everyone,

 

Just spoke to the court to ensure my bundle had arrived, the person I spoke too seemed very impressed. THANK YOU.

 

I also asked if they had recevied any correspondence from SC&M they hadn't and advised me to write to the court as GuidoT suggested as they have failed to comply with a court order and accordingly their defence should be struck out.

 

Do you think its worth a call to SC&M in the first place to ask if they have received my bundle and if they had sent myself anything even though I know they haven't and I sent it special delivery so I know its there. It would give them the opportunity to respond over the phone and finally realise I am serious.:)

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Brian, Hi

 

They know you are serious. Personally I would not contact SC&M, I would just write to the court. That said, some folks here have spoken to SC&M at this stage and been advised of offers to settle - so if your motivation is to try and settle sooner rather than later, then call.

 

Sounds like you are nearly there though.

 

Regards

 

Paula

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:p Well I called SC&M disguised as a courtesy call to ensure they had received my bundle. They had and I also asked if I should expect anything from them. They just said they havn't been instructed to do anything as of yet. Quite plesant though. Now I need to consider if I should write to the court to state they have failed to comply with a court order and accordingly their defence should be struck out.

 

Personnely I think the wait till next Thursday (18th) wouldn't hurt just to get the slim chance to see the judge what are your thoughts?

 

Also I have read previously but can not find now how would I go about claiming back the charges applied to my account after procceding started. Is it a case of starting again with another claim for them? Was hoping to bring them up at court but by the sounds of it I wont get there.

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Also I have read previously but can not find now how would I go about claiming back the charges applied to my account after procceding started. Is it a case of starting again with another claim for them? Was hoping to bring them up at court but by the sounds of it I wont get there.

 

Unless you specified in your particulars of claim that you wanted to include any future charges then I don't think you can demand them back. I think it is a case of starting a brand new claim, but if they settle then you have that to use against them. That's hoping that they might actually pay attention and decide to get something done before they waste too much money. ;)

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Well after yesterdays disappointment of talking to SC&M and after having a good day today with an issurance claim being sorted to my satisfaction I was feeling lucky.

 

So I called them to see if they have been given direction and if any documents were inbound. They kept me waiting for a few minutes then came back and stated they were settleing with me. They were unsure of the ammount but stated that LloydsTSB would transfer the funds.

 

Get this they even advised me to not contact the court till the funds had cleared which I would do anyway.

 

Does anyone know how long this transfer takes and when should I be out partying before my next claim?

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Dont give up PLEASE you are nearly there.

I would of loved to go to court I wrote notes and came up with loads of points about my case and how SC&M have repeatable missed deadlines.

 

Did you file the bundle, thats what I used to speak to someone stating I was enquiring if they had received my bundle and if I was to expect anything from them. I was initially told they hadn't received direction so I then called today to see if they had been given direction and was I going to receive any documents 10 minutes later they settled

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Dont give up PLEASE you are nearly there.

I would of loved to go to court I wrote notes and came up with loads of points about my case and how SC&M have repeatable missed deadlines.

 

Did you file the bundle, thats what I used to speak to someone stating I was enquiring if they had received my bundle and if I was to expect anything from them. I was initially told they hadn't received direction so I then called today to see if they had been given direction and was I going to receive any documents 10 minutes later they settled

 

Can you let us know when you recieve the money please

I will then change your thread title to won and move your claim to litigation concluded . :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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Can you let us know when you recieve the money please

I will then change your thread title to won and move your claim to litigation concluded . :)

 

I asked earlier if anyone knew how long it takes to get the money.

 

Maybe a thick question but how do you want me to contact you on this thread or by a message.:):D:)

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Congratulations Brian!!:D :D

If you click on mjanets name, and then click on send a private message, you can then email her when you receive the money.

They usually say about 5 working days to settle, but usually only takes a couple of days.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Just winning the battle is great and for people who are worried, so was I but stick with it and follow the advice around this forum and we will win the WAR together.

 

Thanks Barty once I have the funds in my account I will inform mjanets then I can continue to re-apply for further charges applied to my account since starting the claim. Any advice as now they have settled once I hope it will be a case of writing to them and then having them refund the charges. touch wood.:p

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Still heard nothing and nothing into my account since SC&M told me lloyds were going to settle the claim yesterday morning. you'd think waiting a few days wouldn't be an issue seeing as i have been persueing this since may 06.

 

Just would like to know when this will happen and how much so if need be I can still prepare in full for the 18th just worried this may be another stalling tactic so I go to court not fully prepared

 

What are your thoughts on giving SC&M another call or is it out of their hands now:(

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Recieved your PM saying you had won

CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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YIPEEE I'm a winner

 

Just checked my account and its a been credited to me. Not that I end up with a lot but its got rid of my overdrafts.

 

Now to claim back the charges that have been applied to my account since starting procedings in May. Any thoughts on how to approach this was thinking about writing to lloyds and ask for them back as they settled previous we dont want to go down the court process and it would save them the court fees and the 8% interest.

:D

Have informed MJANET to have my thread changed to WINNER :D

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