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    • Thanks, dx. Yes, I may need to turn my attention into some other things.
    • no they wont  can you PLEASE stop panicking about a nothing burger   dx  
    • Where a person who owns or partially owns a property enters into an IVA, it's usual practice that in the fifth year, the person has to attempt to re-mortgage the property to release equity. It's extremely rare that a homeowner will be successful in re-mortgaging due to having a poor credit rating. Where the owner is unable to re-mortgage, the IVA is extended for a further year. This is absolutely normal practice in an IVA, and if your sister cancels payments to the IVA, the IVA is at risk of failing and she could be made bankrupt, therefore losing any equity she has in the property. 
    • Right. So I think it would be  good idea to give a brief description of the property, for example detached house, or flat or terraced. And some sort of identifier so we can distinguish from other properties you handle. An incomplete street address eg "No.14" would do so while preserving your privacy. Is the freehold title discrete for the property, or does it cover other leasehold properties? And a bit about your history, how current ownership came about. At one stage you said it used to be your family home, elsewhere you wrote that you'd bought the leasehold. Did those comments refer to this property? Did you acquire it on the open market, or from your family? Is this the house with the garages, where you own the freehold? Trying to understand whether there are underlying reasons that might account for problems with valuation, eligibility for finance, and the fact that neither you nor Lender found it possible to sell. Finally (for the moment) you refer to existing litigation. Does that relate to this property? If so it would be good to give a brief overview. Civil or criminal? What role do play .. claimant, defendant, appellant, respondent?  Charge, or cause of action. You don't want to go off on separate path that would better joined to the current proceedings. 
    • Can you confirm the client on the letter please? Is it The Original Energy Provider or PRAC Energy? 
  • 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

4656Craig Vs Lloyds ** WON**


4656craig
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Hello all,

I sent my initial letter off to Llloyds on the 28th feb but I still have not heard anything, is it worth following it up with another letter reminding them of the deadline and does anyone know if there is a template for this kinda thing?

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Hi

Which letter do you mean? The SAR or the Prelim?

If it's the SAR you could try ringing them on 0117 943 3133 (if you can get through), if it is the prelim, you should send the LBA now

Good luck, let us know how you get on.

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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HI, the letter I have sent is the one requesting my bank statements, its been 22 days and I have not heard a thing so i was wondering if i should send a follow up letter reminding them of the deadline and if there is a remplate for this kind of letter

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I sent mine off around the same time and got the data today so yours could come anyday.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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  • 4 weeks later...

Im getting a bit confused!!! I sent my letter to lloyds on the 27th Feb asking for details of my bank charges, I received a letter back from them (on or around the 25th March (I have a copy of the letter at work). stating that they have sent me a list of charges back to 1st Sept 2001 this is not all my charges information for this account, the letter the bank sent stated that if i wanted the rest of the information I needed to return the letter in the envelope provided and wait another 40 days... on the 31st of March I sent there letter back (after taking a copy of it) along with this letter...

 

 

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxx xxxxxxxx

 

Thankyou for your response to my letter dated 27/02/2007 However, As I requested all my statements I m afraid you have not responded sufficiently to my original request.

 

Please supply me with the remaining statements or lists of charges relating to my account.

 

40 days from the date of my original letter is 9th April and I expect this to be completed by this date.

 

I have enclosed a copy of my original letter for reference and look forward hearing from you in the very near future.

 

 

Yours faithfully,

 

 

 

 

I still have not received the remaining charges or statememnts from them or had any correspondence from them. Please adivse what my next step should be

 

Thanks

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The banks must be under enormous presure at the minute, plus easter has distorted the work patterns . I would give them the benefit of the doubt for a few days.

If they fail to comply there is a template letter in the library for you to use

 

Good luck

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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  • 2 weeks later...

Hi, about 7 days ago i sent the 1st letter requesting my money back along with the spreadsheet to Lloyds and today i got this letter...

 

Tankyou for getting in touch with us. I am sorry you are unhappy about your acount charges.

 

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we cant agree it. We feel its fair to charge for this service.

 

Of course it's only fair too, that we're completely open about any charged-for services before you might need them. thats why we take care to give every new customer the latest guide to ourcharges. you can also get up-to-date details about fees and borrowing rates t all our branches, through our helpline and our website.

 

just as importtntly, we do everything we can to help out customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over your agreed limit, your welcome to see if there's anything we can do.

 

The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed limit. they are not default charges because you haven't broken your agreement. They are our prices for the service we provide in thes situations.

 

i understand that you may also have some concerns about us sharing information about your relationship with us with the credit reference agencies we use. I'd like to reassure you that this does not apply to bank charges; we only share what is known as white data, which is information about payments to your credit card loan, loan or mortgage accounts.

 

I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.

 

If you have asked for copy statements and paid the fee, we'll send them to you within the 40 day limit set by the Data Protection Act.

 

If you have not yet sent the £10 fee you will need to send it to us at the address below. the 40 day limit starts from when we receive your paymen. Please quote the reference number shown above when you send your cheque to us.

 

(Statement address )

 

i hope this fully answers the points you raised with us. Please let me know if there is anything else i can do to help. if we cannot come to an agreement, I will provide you with details of the Financial ombdsman Services so they can consider your complaint independently.

 

If you are happy with the way I have delt with your complaint, there is no need for you to reply to my letter. if I have not heard from you by the 18th June 2007 i will close my file, though of course I will re-open it should you come ack at any point afterwards....

 

 

 

Should i respond to this letter or should i just let the 14 days expire and then send the second request for payment?

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  • 2 months later...

Hi All,

 

I received a letter from Lloyds's solicitors (SECHIARI, CLARK & MITCHELL) stating the following..

 

We have been passed a copy of the procedings that you have issued against our client in Gloucester County Court. The Bank will be defending these proceedings on the following grounds:

 

1. The fees that you seek are properly incorporated into your contract with the Bank; and

 

2. By making payments (whether by cheques, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the Bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalities only arises as a matter of law, where there has been a breach of contract and there is no such breach of contract here.

 

Looking aheada situation which give rise to a dispute is not one the Bank wishes to continue. In view of this, you are requested, please, to make contact within the next 14 days with your local Lloyds TSB Branch Manager. on 0845 3000 000 to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

We await confirmation from the Bank that ths action has been taken

 

I also received my Notice that Acknowledgement of Service has been filed

 

A few questions....

 

Is it normal to receive a solicitors letter like this one?

Should I contact the branch manager as requested?

Do I need to do anything with the Acknowledgement?

 

I have a feeling a 'bundle creation" is going to be needed with this one, Any suggestions

 

1 more thing, where would I get a copy of Lloyds TSB's T&C's from about 6 years ago (would be useful in my bundle)

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I got one today!! Strangely dated the same as the previous but agreeing to settle, thanks for the heads up of the other forum Nothappybunny really eased my nerves, I was receiving the exact same letters as Suzanne. It looks like they sent us both the same settlement letter as well. Thanks again Donation will arrive once monies have..

 

 

*** Power to the people (who get off their butts and do something about it)***

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just wanted to recognise nicsussex for his help... got the wrong name on my 'thanks for your help note' although nothappybunny was very helpful - Jees' Im starting to sound like Kate Winslet!!!! Thanks again all who helped

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