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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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well i used the online statement check instead of waiting for loads of paper to maybe turn up, and i knew i had paid quite a bit over the last 6 years but omg

 

£4115 :o

 

now the problem i have is that its quite a large sum of money and wouldnt that mean that the bank would put in more of an effort to get it back? as opposed to say £500 they would just write off and not think about it, what do you guys think, should i ask for the lot?

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The lot.

You don't ask, you tell!

Up to you of course but I know what I'd do.

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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ok ive read as much as i think is possible (no doubt i've missed something), and ive got all the dates of individual charges logged down, i've calculated my interest aswell, i know i dont need this yet but its quite an eye opener (£731)

 

so i'll be sending my preliminary approach for payment on monday by recorded delivery to my local branch for the full £4115

 

will let you know how it all goes

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actually just had another question, im going to address my letter as follows

 

the branch manager

so and so bank

blah blah blah

 

 

do you think this will be ok as i cant find any specific information for who the branch manager is and i dont have time to go and see them in person

 

ta in advance :)

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oh and another thing ( i know too many questions :) )

 

just in the hope that i do eventually get my money back, i was curious as to what it costs this site to stay open for a month, to get an idea of how much to donate, whilst i do understand that its down to the individual, i feel that without this site i wouldnt even be aware that i could get any money back so i would owe you guys big time

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Using seperate thread for any random questions, to keep this nice and clear as a diary so:

 

22/05/06 preliminary request for payment sent to alan pretty

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Best place to send it is the local branch.

As long as the amount you are claiming is

Donations are voluntary, but you could consider a percentage of your claim (and a nice percentage is 5%, which still leaves you with most of your refund...)

 

Good luck, and don't enjoy the fight too much...:)

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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posted preliminary approach letter today recorded delivery

 

14 days are ticking...

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Good luck.

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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cheers spiceskull, hope it goes just like everyone elses,

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ta very much, i thought it may be better to try and bypass the levels of red tape, so i sent it straight to the ever nice mr pretty, well i'll soon find out

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Request for repayment of charges

 

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

 

spiceskull, this is taken from the preliminary i sent, now if the bank acknowledges

receipt of this letter, and still does not provide proof of costs, then sureley they are admitting that they cannot,

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I merged this post into your own thread - comments in other people's threads are fine, but this query is specific to your own...sorry and all that :mad:

 

Regarding the question - all that you can expect is that they wiil say the charges are fair etc, and that they will defend them in court. They are not admitting anything, and only a judge can compel them to reveal costs...and we know that this won't happen...

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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cheers spice, i know i should of put it in my thread, its just it was also relevant to the other thread aswell, thanks for answer anyway :-)

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  • 2 weeks later...

ok its been 2 weeks since my prelim went out, so nothing from the bank whatsoever, are they even responding anymore?, anyway LBA goes out tomorrow recorded delivery

 

on a side note, got a little worried whilst watching trevor mcdonald program on itv, what if the banks do actually want to make a fight of it, which surely they must do at some stage, because if the forums activity is anything to go by theres going to be a lot more claims soon, anyhoo

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received the standard c**p from the ever present mr beaumont in leeds ,

 

blah blah, charges fair etc

 

doesnt really matter as i'd sent out my lba the day before it arrived, as i was sticking rigidly to my timetable, its not my fault the banks are too slow to react ;)

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Keep going...it's worth it in the end.

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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  • 2 weeks later...

ok, mcol filed in , details pm'd to bf

 

hmm its a bit different when its your own case , rather that giving out advice isnt it?, im actually a litttle unsure as to what to expect

 

-revisits faq's for 94th time :-D

 

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ok just checked my mcol and they have acknowledged the claim, little help here im not completely sure what the next sequence of events is going to be (looks at spiceskull)

 

:rolleyes:

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You will receive their acknowledgement in the post stating they intend to defend. You will also receive (probably on the same day) a letter from DG solicitors offering you the full amount as long as you don't tell anyone.

 

Cross out the confidentiality bit, send it back and you'll get your money.

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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received confirmation from the courts today that the bank does indeed intend to defend the entire claim, pff , bring it on

HSBC- £4995, settled payment in full

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Unsure about what to claim, or confused about overdraft interest? Charges explanation

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