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    • Ok just an update sent my DQ recorded delivery, received by court 18/07/24, nothing yet showing on mcol. Deadline is Monday 22/07/24. Hopefully shows on before
    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
  • 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
      • 162 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

Defence came this morning :-))))


acy6er
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Sorry to sound so feeble but I'm a single mum, not especially good at maths and have no Internet access! (Well, obviously I'm writing to you now, but only because I am in my local library).

 

I have already sent the necessary letters to both HSBC and Lloyds TSB and they have both written saying they think the charges are fair etc etc.

 

Could someone just tell me which form (s) I have to send to court?

 

My email is [email protected].

 

Thank you.

Liz

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Hi Liz

Check out the step-by-step guide on here and it will tell you all you need to know

 

S.P

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi,

Im at the scary stage now of claiming it back !!!! (£3700). Can anyone tell me if it's best to apply for the court proceedings on line or by post cuz reading through seems alot of people have done it on line. Also how much is the court costs cuz the form I printed off to look at has a section which says court cost and solicitors cost. Do I need a solicitor?

Thanks Lucia

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Hi

You can not attach it if you filed by MCOL, so if you do the following:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

 

 

And send the same to the Solicitor when they acknowledge your claim.

 

Barty:)

  • Haha 1

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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Hi,

Im at the scary stage now of claiming it back !!!! (£3700). Can anyone tell me if it's best to apply for the court proceedings on line or by post cuz reading through seems alot of people have done it on line. Also how much is the court costs cuz the form I printed off to look at has a section which says court cost and solicitors cost. Do I need a solicitor?

Thanks Lucia

 

Hi Lucia

 

Set up a new thread titled JessyIreland vs Lloyds

 

We can then view your history and assist you more efficiently.

 

In regards to your questions, I would recommend filling the form manually and sending it off - I did mine MCOL (online) but knowing what I do now I would've done it via the N1 form.

 

There's a few reasons the N1 form is better, you can attach the schedule of charges with the N1, as pointed out in this thread you can't add the charges when doing it online.

The other point is that MCOL goes to Northampton County Court. If you fill out the N1 you can send it directly to your local magistrates court, this will no doubt speed up the process.

 

Costs:

It will cost you £120 - put file a claim as you are claiming over £1000.

It will cost you a further £100 when you send back your Allocation Questionaire as you are claiming over £1500.

 

These two fees are not compulsary if you are on benefits, however you will get these fees back if (when) you win.

 

And no you don't need a solicitor, you can get one if you like but it will cost you and also it is unlikely for your claim to reach court. (but it may)

 

acy6er - Barty has covered your question, just post again if you need assistance

 

If this information has helped you, click on my scales

  • Haha 1
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Thanks, Barty and Whoareya.

 

I've done 3 copies of my Excel file for Lloyds and also the letter as supplied by Barty.

 

I never thought about it all being based in Northampton. Presumably this means I'll be driving over there if I have to go to court! Worcester would have been more handy....

 

Liz

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Just a thought - I've sent off all the preliminary letters (actually left it more than 2 weeks to do the MCOL thingy because I had flu) and have had 2 letters from Lloyds saying their charges were fair and I am not getting any money off them.

 

Is this normal? Has anyone received an offer before going to court?

 

Liz

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Hi

Your claim will be transferred to your local court, you will get a letter about it.

Lloyds rarely settle before a court claim has been filed, so what you received was perfectly normal.

Keep us informed how you are getting on, the next thing is that LTSB should acknowledge your claim within 7 days of it being served.

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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I never thought about it all being based in Northampton. Presumably this means I'll be driving over there if I have to go to court! Worcester would have been more handy....

 

Liz

 

The other point is that MCOL goes to Northampton County Court. If you fill out the N1 you can send it directly to your local magistrates court, this will no doubt speed up the process.

 

 

Sorry acy6er - I probably misled you. MCOL administration is done at Northampton, it is then assesed and moved to your local magistrates. Hence why it is better to fill in the N1 form, as this is sent directly to your local magistrates, online does appear easier it is however not the best or fastest for this.

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I'll say it again - its the COUNTY court, not the magistrates. Magistrates deals with criminal cases.

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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  • 3 weeks later...

Hi and Happy New Year!

 

The deadline for Lloyds TSB to respond to my court claim is TODAY.

 

Now, a couple of days ago I did receive a reply from them, but it does not really refer to the court case.

 

It reads as follows:

 

Thank you for getting in touch with us again......... We believe it is fair etc etc.... generally we don't agree to adjust any of these charges but I can tell you that on this occasion we are prepared to reduce the charges by repaying you £750...... gesture of goodwill because we might face that cost in dealing with your complaint if you took it any further... this sum will be credited to your accoubnt in the next few days....

 

SO.... is this the reply to the court summons? Or would that be more legally worded? The letter does not really mention court at all!

 

As the deadline is today, what should I do now?

 

I would be grateful for any advice. I don't have the internet at home so have put aside a couple of hours to sit in the library, act on your replies and make the next move!!!

 

Thanks.

Liz

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Gizmo,

Have just looked at "Notice of Issue" from MCOS. It said claim was issued on the 14th December, deemed to have been served by 19th December and defendant has until the 2nd January 2007 to reply....

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