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    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
    • did you move during the duration of this agreement.   dx  
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Spiceskull

When You Get Your Refund

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4576 days.

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Thank you

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It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:

  • Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
  • Write to the bank: thank them for settlement for THIS claim
  • Fill in the survey: BAG needs to know which banks are settling, and how much for
  • PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
  • Visit - and use - the donate button: your donation will help keep the site available for other people
  • Go and celebrate :)

(clearly, if you have not raised your claim at court, then you do not need to do the first and fourth tasks...)


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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To add to the above post:

 

Do make sure that the bank really has settled and that you have everything you want, but it is in writing and you have the money. Unfortunately we have had some reports of people withdrawing their claims simply on a verbal promise from the bank which has then gone on to delay or complicate the settlement. In one case the bank agreed verbally to remove a default notice and then later on refused to do so.

 

Also if you have paid the fee for an allocation questionnaire then make sure you get this back as well. Make it clear to the bank exactly what your costs are and that it is a condition that they will all be received before you withdraw the action. You have to be hard about this and if you want you can explain to them that you do not trust them.

 

If the banks settlement letter says that the matter is confidential -- that you have not agreed to this then do not worry because you are not bound by any duty of confidentiality.


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Can I advise MCOl online that halifax have now settled in full or should I write?


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Hedgehogg - Did the bank settle before your court date? I am just trying to work out when I can expect to receive our money back. My LBA was sent on 18thAugust 2006 and I have today had a final NO letter from my bank, I am now preparing to fill in the court papers.

Ray


22/06/2006 sent letter requesting statements to Lloyds TSB.

28/07/2006 statements arrived

01/08/2006 sent initial letter to claim charges of £2872.50

18/08/2006 sent LBA

01/09/2006 Lloyds formally reject my claim and will not enter into any more correspondence relating to my claim.

06/09/2006 N1 form delivered to Carlisle Court

14/10/2006 Allocation questionnaire sent to me after bank lodges a defence

31/10/2006 Allocation questions answered now awaiting a court date to be set

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The bank paid up AFTER court proceedings started.. (MCOL filed and paid for)

I have notified them by email that the cases have been paid in full and they have replied acknowlaging this.


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Visit - and use - the donate button: your donation will help keep the site available for other people

 

This is not always easy...:confused: it took me nearly an hour....

 

The button on the main home page takes you to paypal with cag details all entered...:D Great.....

 

The link at the top of the page that says 'donate' however just opens up paypal..with nothing filled in...doesn't tell you who to pay...

its only because I was stubborn that I found it, others would probably have given up long before that point..:o


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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just heard from cap 1 re charges willing to refund but no cheque with letter does this come later?? this acct was closed+ paid 2 years ago, but 1 paragragh says £xxxx as been credited to your acct + the balance is now zero+ closed??? any ideas

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Write to the court: notify them that your claim has been settled, and that you now consider the claim closed

Write to the bank: thank them for settlement for THIS claim

 

are there any templates for these as I cannot find them??

 

many thanks

Damian


Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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done my donation - that was quick and easy!!

 

do i really need to cancel my claim? i understand that

A. Nothing will happen on a claim unless you request it to. The court will not proceed with any further action against the defendant automatically without your request.

Online Services

& do i really need to inform HSBC??? - they phoned me this morning to offer mer a new 'flexy' account (:p) so i know that they know they they coughed up....


My Thread: HSBC Glee!!!!

18/07/06 - 1st letter delivered by hand : £2,363.00,

01/08/06 - 2nd letter delivered by hand,

15/08/06 - Money Claim Online submitted.... £2,980.47 inc. interest & court cost

21/08/06 - offer of £1998.87 received = too late suckas!!!

22/08/06 - MoneyClaimOnline 'Acknowledged'

06/09/06 - 1st Letter received off D&G solicitors

15/09/06 - full offer made

20/09/06 - full payment + £50 received = £3030.47 :D

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not sure if this is the best place to ask this, but barclays and mbna have both paid up without issuing a court claim - that now leaves me with natwest, egg and mint...plus i need to tackle barclaycard over the whole microfiche thing (but i'll follow the advice of others on here). For the other 3 banks i'm ready to issue a claim but will be out of the country for the whole of november - should i issue them now anyway, or wait until i get back? I don't want to process to screw up just because i'm not here to deal with letters etc.

any thoughts?

cheers


barclays Data Protection Act sent 28/4/06 - statements received 9/05/06 and cheque returned. Claim for £480 sent 20/05/06

 

barclaycard DPA sent 28/4/06 - statement received 13/05/06...with rubbish about microfiche files...further request sent 20/05/06

 

mbna DPA sent 28/04/06 - list of chargs receieved 19/05/06 and £10 fee returned. claim for £131 sent 20/05/06 PAID IN FULL 14 June!!

 

lloyds DPA (for OH) sent 2/05/06

 

NatWest DPA (for OH) sent 29/05/06

 

egg DPA sent secure email 2/05/06, immediate response, extra form to fill in, waiting for details..

 

mint DPA sent 21/05/06

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Is there a template for replying to the bank to thank them for the refund?

 

Also, if they give you your refund but also give you terms like they'll charge you in future and if you break the contract again then they'll close your account and take away any right to have credit with them, what do you reply to that? Can they do that?

 

I am worried as I have got a refund for a few hundred pounds for a credit card but the balance is thousands so if they took it away I'd be well and truly screwed!

 

cheers

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It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:

  • Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
  • Write to the bank: thank them for settlement for THIS claim
  • Fill in the survey: BAG needs to know which banks are settling, and how much for
  • PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
  • Visit - and use - the donate button: your donation will help keep the site available for other people
  • Go and celebrate :)

(clearly, if you have not raised your claim at court, then you do not need to do the first and fourth tasks...)

 

Why would we need to thank the bank? its their fault we are all here isn’t it, or at least their unlawful behaviour!

 

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Why would we need to thank the bank? its their fault we are all here isn’t it, or at least their unlawful behaviour!

 

 

 

Perhaps, but I personally believe it never hurts to be polite and considerate with everybody we have dealings with; regardless of their actions. If your case was handled professionally and politely by the various bank employees and solicitors involved as they carried out their duties, as governed by their employer's policies, then a short note thanking them for this, as well as confirming that you are satisfied with the result, cannot be bad.

 

Besides, them knowing that you are a happy customer now that they have done the right thing (in returning the charges not, of course, in taking them in the first place) can only help those whose claims are still outstanding.

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Fair points...I will think about it ;o)

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I think you're missing the point:

 

Write to the bank: thank them for settlement for THIS claim

 

Note the "THIS" in the sentence. It serves as a notice that you have accepted settlement up to x date, and does not stop you from pursuing charges later levied. Should they later try to say that you had accepted full and final, then you have a copy of that letter to say: er,... no, actually.

 

;-)

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It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:

  • Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
  • Write to the bank: thank them for settlement for THIS claim
  • Fill in the survey: BAG needs to know which banks are settling, and how much for
  • PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
  • Visit - and use - the donate button: your donation will help keep the site available for other people
  • Go and celebrate :)

Do I need to wait for the bank to write confirming the settlement before I do any of this or can I do it off the back of the money now being in my possession? Thanks

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I've read in another thread, (posted and received no response) that the bank (Natwest) issued a cheque (lovely) but made the person in question pay it into a designated account (not so lovely). Are they in their legal rights to do such a thing, and if so, is there any way to reject this without the judge being slightly peeved?

 

Also, if defaulted, is there a way to formally request that it is removed prior to accepting their settlement offer? Do you just happen to pop in a clause in your response to their offer of refund that you will accept on the clear understanding that they will remove the default?


:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Guest NATTIE

change in the banking code in October to help prevent fraud

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I've read in another thread, (posted and received no response) that the bank (NatWest) issued a cheque (lovely) but made the person in question pay it into a designated account (not so lovely). Are they in their legal rights to do such a thing, and if so, is there any way to reject this without the judge being slightly peeved?

 

Also, if defaulted, is there a way to formally request that it is removed prior to accepting their settlement offer? Do you just happen to pop in a clause in your response to their offer of refund that you will accept on the clear understanding that they will remove the default?

 

ANYONE?:confused:


:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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change in the banking code in October to help prevent fraud

 

Thanks Nattie for the response and I owe you an apology.

 

'Cause you decided to 'post and run' and didn't leave an explaination I wasn't entirely sure that you were responding to my post.

 

I have since read another posting by your good self, whereby you left this explaination...

'We were told of a change in the banking code which related to adding additional details onto the cheque ie account number, a an additional fraud prevention measure. So if a cheque is sent through the post and is intercepted that it could not be altered and cashed', ......

and all is now clear.

Thanks and i have pipped you:-)


:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hi there... I didn't know whether to start a new thread or not, so I thought I would just put a quick note here and see if anyone can help.

 

I have a new problem...

 

Many of the banks/card companies I am claiming against have begun giving me part payments as a gesture of good will. Obviously I am still persuing them for the full amount owed but now that two of the banks have credited my account automatically, I am now a little unsure how to alter my spreadsheets accordingly.

 

Can anyone help? I have tried adding the credit as a credit... but it does not change the interest that is increasing daily.

 

I am stuck... and need a bit of advice here.

 

I am about to file two of the claims at court, but am unsure of the spreadsheets and new amount owed... I don't want to file it at court if my figures are wrong due to the interest accumilating against charges I have already had a part refund for. ANY ADVICE?

 

Maxine


Moodle

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I've been offered a settlement but no notification of withdrawal of defaults.

 

Normally I would include a letter saying that this is signed on that condition that any defaults are removed, as per my original request. They have issued a default (for my CC account - I stopped paying when this process began).

 

Alternatively I could phone the solicitors and tell them they've forgotten something.

 

Or I could agree, write seperately to the CC division.

 

Anyone with experience care to advise?

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Sorry to bother but; when you say write to the bank, is it the bank we write to or the solicitors?

I received 2 blank copies of a Notice of Discontinuance from their solicitors asking that i fill that in and return one to them and send one to the court. Do I put a covering letter with this form or just send the form?

 

Any help would be appreciated.

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Hi. I am with First Direct and have had charges of £3300

They initially offered £1500 and I said no. They have now offered £1900

 

1. Do you think I should take them to the Small Claims court and ...

2. In theory, are they not allowed to say charge £12 or so per item? In which case that would take me from 3300 down to 2000 or so as a net excess charge

 

Don't know....jus need some advice

Thx

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Hello i find myself in very unusual situation. i have lamented at length about the nat west being the most difficult bank.

It took 4 months to get 6 yrs of statements

I asked for my money back got the standard "bog off" letter (as i have seen it referred to)

The 14 days expired between xmas and new year and due to this a family holiday, life, having last minute uncertainties,needing to calculate interestand not having the time, i have not yet put N1 form to the court (i was about to in the next week or so) BUT!!!!! today out of the blue an offer has arrived from nat west!!!!!!!!!! A full and final offer of course for £700 less than the total i was requesting which was £10,077.

I know i should nt accept it as full& final but cant remember the implications of why(have looked on site but cant remember where i read this before). So I would like to accept this but how do i write and accept it but not as full & final offer as i have incurred many charges since i started this and dont want to jeopardise getting these back.

Having a blonde moment, not helped by the unprovoked offer from what i considered to be the most difficult bank of all.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4576 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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