Jump to content


  • Tweets

  • Posts

    • You should have received a Notice of Assignment from either the original creditor or the DCA  (Assignor = Assignee)   Check your credit files and see if the debt is listed from the the OC or the DCA or both.
    • In that thread the Judge was wrong...the whole case relied on the Default Notice and he accepted that the Notice of Arrears was part of the default notice and because the NoA was dated it was okay...even though the actual default notice was not dated...as yours (RC3)   A Notice of Arrears is not part of the Default Notice...its a requirement that was introduced by the The Consumer Credit Act (CCA) 2006 and its amendments. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.   So there is no connection between the Default Notice and the Notice of Arrears...two completely different notices unconnected.   So if the Default Notice is not dated then it fails the prescribed terms required pursuant to section 87 & 88 of the CCA1974.Your DN that states for you to rectify the breach you are required to pay the amount stated by 7th April 2014...but given the DN is not dated it cannot equate from when...what date ...when was it received .You may have received it on the 1st April...therefore the prescribed time of 14 days plus service cannot be proved...therefore it is invalid.....and that Judge was wrong.   Andy 
    • The big worry here is that this is my wife's debt. And she is very shy and nervous and absolutely dreading having to speak up in court.   If it's not a sure win that's why I'm thinking it would be better to negotiate now, instead of with a CCJ. This is the only negative on our credit files and it will drop off next year.
    • Only if the debt has been legally assigned to them....IE they now own the debt.   Andy
  • 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
        • Like
      • 0 replies
lickthewallfatboy

Lickthewallfatboy v Northern Bank

Recommended Posts

Hi Lickthewallfatboy

 

I have gone through the dispute part with First Trust. They filed a dispute on the morning of their deadline with the court. You will get a letter from the court in the next few days assigning a court date for the hearing. It will be well into September/October because of the summer recess in Northern Ireland. First Trust had to respond to the court by 6/7/06. I got a letter a couple of days later informing met that my court date is 26/9/06. It is also in Craigavon. Mine is not for DPA disclosure but for the fees. Tranfer to civil means you will get your date in Craigavon. If I can help in any other way give me a shout

Flo

Share this post


Link to post
Share on other sites

Don't want to confuse the issue, but here's a link to some Transfer info

 

PART 30 - TRANSFER

 

regards

 

Bru

Share this post


Link to post
Share on other sites

thanks Flojo!!

I suspected that they would file a defence,but that it would come on monday.Have First Trust been in touch with you since they lodged?I've been looking on some of the other sections eg Abbey,and it seems that they come in with an offer in the interim.Maybe we'll get the same here-although maybe the NI banks think they are immune from all this.....

 

How does it feel to be an NI trailblazer? ;)


Share this post


Link to post
Share on other sites

No nothing from First Trust or their solicitors. The last correspondence I recieved was from the Court. They probably think they have plenty of time as the court date isn't until the end of September. Ah well sure isn't the interest accumulating on a daily basis.

When the court write to you they will tell you that you have to submit all relevant papers 10 days before the hearing.

Anything I can help with just shout!!!

I'll keep you posted on anything I hear.

 

The big four here think they can do what they like and they are currently being investigated by the Competion Committee because of their high charges. The Consumer Council for NI in conjunction with Which? reported them to the Office of Fair Trading who in turn commissioned the Competition Committee to start the investigation.

They know they have that going on - so they won't like us fighting them through the Courts.

Keep the fight up - we will win in the end!!!!!

Share this post


Link to post
Share on other sites

Absolutely,

 

I think they may be trying to have the case heard in Belfast. Under Part 26 of the Civil Procedure Rules.

 

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

 

Fight this Tooth and nail, at least one defendant must be an individual for this to take place automatically.

 

In any case if you branch is in the Craigavon Area you can argue that Craigavon is the Defendants home couts

 

Hope this helps

 

regards

 

Bru

Share this post


Link to post
Share on other sites

this was discussed in a CITI thread,and the claimant was able to get CITI's attempt to transfer the hearing thrown out,as he was an individual and CITI were an organisation....I can't remember the exact thread.


Share this post


Link to post
Share on other sites

Woohoo,

The post are coming thick and fast on this thread today9 My inbox can hardly keep up).

 

It would be a good idea to try and find that thread. be prepared just in case..

 

It pays to keep at least one step ahead of the posse

 

Bru

Share this post


Link to post
Share on other sites

Just had a message left on my mobile from a senior area manager,which takes in my branch.I sent the branch a letter the other day after they had written one of those standard "please ensure you lodge enough funds to cover blah blah..."

 

anyway,I told them the current position that we are in,and this manager wnats to arrange a meeting with me and the better half to "get a better understanding of what we are looking for"??????

 

I'm not so stupid as to agree to this,but do you think they are rattled,or are they trying to set us up for the "hot teaspoon under the foreskin" treatment if we did agree to go in?


Share this post


Link to post
Share on other sites

I wouldn't agree to this meeting, unless the terms of the meeting are agreed in advance,

 

Indicate that you are willing to meet to discuss your ongoing dispute for unfair charges, but that, due to impending legal action, you are not prepared to discuss any other business until this matter is resolved.

Share this post


Link to post
Share on other sites

I don't think I want to agree to a meeting on any terms.Northern are fully aware of what we require-they don't need a meeting to be told what's needed.

 

Sorry - I think I'll have to pass on this one.... ;)


Share this post


Link to post
Share on other sites

Good for you!!! Let them meet you in court.

Share this post


Link to post
Share on other sites

you have asked them to enter into frank and meaningful discussion about this matter, therefore your only reply should be in writing, letting them know that whilst you are willing to discuss the issues at hand, you would be far more comfortable doing this in a written format. to reject a meeting i think would do you no harm, but you must display a willingness to resolve this without court

 

 

hope this makes sense

Share this post


Link to post
Share on other sites
you have asked them to enter into frank and meaningful discussion about this matter, therefore your only reply should be in writing, letting them know that whilst you are willing to discuss the issues at hand, you would be far more comfortable doing this in a written format. to reject a meeting i think would do you no harm, but you must display a willingness to resolve this without court

 

 

hope this makes sense

 

understand where you're coming from Aid.....but I have been dealing with head office in Belfast.This lady (area manager)rings me up after I sent a letter to the branch and claims not to know what's going on???I have drawn 3 possible conclusions here-

 

a.Northern internal communication is rubbish if she genuinely hasn't a clue what all this is about.(HIGHLY UNLIKELY)

b.This woman thinks I'm stupid and can manipulate me to their way of thinking-if she is playing the "naive card",she is trying it on with the wrong guy-I'm much too long in the tooth for that.(HIGHLY PROBABLE)

c.I am being set up for a serious grilling session.(A SERIOUS POSSIBILITY)

 

Why would they want to use a minnion when the big decisions are made in Belfast.I want to talk to someone who has the authority then and there to settle this before going to court.I'm not interested in some kind of "shuttle diplomacy" arrangment.As this is in the hands of the court,I feel it is only right to conduct all communication in writing-then there can be no ambiguity or incorrect recollections of conversations which may or may not have taken place.....

 

I would be EXTREMELY wary of advising anyone to go down this route.Too many pitfalls for the unwary.


Share this post


Link to post
Share on other sites

The Area manager should be in a position to make decisions on refunding your account. Though I agree with you that is a bit suspect that she is unaware of what is going on.

 

Be careful though, big aid has a point, you must be able to show the court your willingness to mitigate.

 

Very simple, if you ask her has she the authority to deal with your complaint and rectify the situation. If she does, agree to discuss the complaint, and the complaint only.

 

If she doesn't , tell her you will discuss it with the organ grinder and not the monkey

Share this post


Link to post
Share on other sites

i couldn't agree more with your analysis of this

i pick option c-- you are being set up for a grilling

 

you still have to appear like the most reasonable, approachable, hard done by person for miles around.

what you think of them and what they think of you doesn't matter anymore, it's what a judge thinks of both of you

Share this post


Link to post
Share on other sites

Whilst I agree with BigAid on your need to appear approachable, I totally agree with you on your preferred method of...

 

As this is in the hands of the court,I feel it is only right to conduct all communication in writing-then there can be no ambiguity or incorrect recollections of conversations which may or may not have taken place.....

 

If you did meet with them and things go pear-shaped, you will obviously then revert to the court action. They, however, will have it to say that you broke of negotiations with them. FWIW, I think you should stick to the written avenue.

 

Best wishes

 

mori

Share this post


Link to post
Share on other sites

I would appreciate Bankfodder,Dave or Bookworm giving an opinion on this.Things could be reaching a pivotal moment and I want to have all bases covered....


Share this post


Link to post
Share on other sites

Good luck,

 

I'll make sure I'm free

Share this post


Link to post
Share on other sites

cheers-and anyone else who feeels like a ringside seat would be welcome as well!!

 

had another message left by that area manager as well looking for a meeting....no thank you very much!!!


Share this post


Link to post
Share on other sites

The court office has just sent us a copy of their notice of dispute-

 

they intend to dispute on these grounds

 

1.The charges are levied in accordance with contract and are charges previously advised to the applicant

 

2.the charges are not in breach of the unfair terms in consumer contracts regualtions 1999

 

comments please...... ;)


Share this post


Link to post
Share on other sites

Hi Lickthewallfatboy

 

The dispute is very similar to the one First Trust have lodged in my case:

 

'The claim is denied. The Respondent disputes the claim. The money claimed is not due and owing to the applicant and all fees and charges levied were done on foot of the terms and conditions which governed the aggreement between the applicant and the respondent'

 

I think they are just standard disputes. Let them argue in court that the charges are not contrary to the Unfair Terms in Consumer Contracts regs - I don't think they will have a leg to stand on.

 

I'm just sorry my court case is so far away - but then they say patience is a virtue.

 

Flo

Share this post


Link to post
Share on other sites
Please fill in your quit date here
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...