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    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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Claiming beyond 6 yrs - important new information!!!


BankFodder
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What is your view of the Barrister that is asking a Judger in the near future if he can claim damages against Nat west they have offered to refund all his charges but he wants to make them state how much it costs it was on the radio a couple of days ago

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The one relating to concealment occuring after the cause of action is Sheldon v RHM Outhwaite (Underwriting Agencies) Ltd [1996] AC 102.

 

Thanks Zootscoot

 

I'n not sure if it is available on the web.

 

 

That looks like it is from reading the first couple of paragraphs, thanks livelylad.

 

Most useful

 

Tanz

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I got statements from 1994 from the Halifax- I had to hassle them a bit- but the person at Customer Relations told me they have a seperate computer system (which he could acces then and there so no difficulty) which holds the records of closed/older accounts.

 

I don't know how far back the system goes- but it must be pre-1994.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I've got most of my statements back to the 70's - this could get interesting :)

C1 - letter requesting refund of PPI (£2875.60 before interest, £3281.38 with interest) 16/08/07

C1 - letter requesting refund of charges (£48.00 before interest, £54.11 with interest) 16/08/07

C1 - £48.00 credit to card account as 'goodwill gesture'

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We successfully claimed (through this brilliant site) unlawful charges back from NatWest going back the 6 years. Does anyone know how we can begin a claim against the old Access Credit Card? They took shed loads off us but we paid them off in approx 1995 and never had a credit card since.

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Forgot to say that the only statement we kept was the one with a nil balance! But then probably shredded it after a couple of years.

 

I did that with my Barclaycard when that was paid off, shredded the others foolishly, and kept the nil balance one. lol

 

 

Had to send SAR to Barclaycard for copies.

 

Which bank was the access credit card with?

 

Tanz

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Would anyone know how long the royal bank of scotland and halifax keep our account records for? If this all works out then like a previous member to this thread my life would change considerably. They have taken that much money from me in the past whilst bringing up a family.

I

 

I applied for ten years worth of statements from Halifax, and received them.

 

Trisha

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Most excellent news!

 

I know I got charged £5 a pop quite a frw times by Sharkleycard back in the mid/late 80s.

 

19/12/85 £5 = £333.40

19/12/85 £5 = £333.40

17/02/86 £5 = £322.42

17/02/86 £5 = £322.42

 

Soon adds up at 19.9% compounded, doesnt it? :eek:

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Any advice appreciated.

 

Got a court date for this week 13/4 . Cobbetts have applied for a strike out as part of my claim was pre six years. I am preparing to attend . I rang Cobbetts to ask if they intended to attend and they have stated that they are. Is it usual to receive one date for a strike out then another date for hearing. I have two dates you see. part of the claim has already been paid out. Its Natwest and the amount they are contesting is quite small in relation to what has already been paid out. I just cant see them attending.

 

Tumble

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Most excellent news!

 

I know I got charged £5 a pop quite a frw times by Sharkleycard back in the mid/late 80s.

 

 

19/12/85 £5 = £333.40

19/12/85 £5 = £333.40

17/02/86 £5 = £322.42

17/02/86 £5 = £322.42

 

Soon adds up at 19.9% compounded, doesnt it? :eek:

 

WOW - that DOES add up!! Can you just imagine all those Chairmen at the upcoming shareholder meetings, brilliant!!

Natwest Bank Plc owe me £1,227.48

06/03/07 - Prelim Sent

16/03/07 - Claim authorised, in full, via telephone...

28/03/07 - Full offer received in writing - YAY

29/03/07 - Offer accepted!

 

Bank of Scotland Mastercard owe me £497.00

11/03/07 - Complaint telephone call logged

29/03/07 - 50% offer received...

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Ok, thats brilliant news - but would you have to apply through the courts for the limitations act under s32 be squashed before you proceed with enforcing a request (if in non-compliance) for pre-6 year info?

 

Scenario

Sar - receive upto 6 years of info

 

Send letter stating that through concealment, under s32 statute of limitations is nullified, re-apply for pre-6 years info

 

Request denied

 

LBA etc

 

Request denied

 

Court action under s32, wait for a hearing?

 

etc etc

 

Is there something that would force their hand without having a 4 month wait just to get the pre-limit info?

 

Sorryto be pessimistic(?) just anticipate a digging in of heels....

 

Great news potentially tho.

 

Perseus :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Barclays were happy to give me 12 years of statements but other banks inc Credit Cards are a bit tougher nuts to crack however when the momentum of these claims start to pick up I think it will be easier for us to force the hand with non-compliance LBA's and poss a court order, once a few of those have gone though with a few complaints to the relevant regulatory bodies they will realise they cant hide behind that arguement, same as the microfiche bullsh@T.

 

Tanz

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Guest Battleaxe

I have already commenced my claim against A & L going back further than six years. I have gone down the FOS route first as A & L stated they didn't have the records. Sadly for them I found some old statements and letters I had written to the then CEO complaining about the 'Ned kelly like' these are words I used in the letter of complaint back then actions of the bank, this was back in 1998. I am also claiming back the interest with CI on the consolidation loan less the charges I have been repaid. If it wasn't for the unlawful charges I would not have need the loan.

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To summarize

Sheldon -v- Outhwaite [1995] 2 WLR 570

Claimants can rely for the purposes of Section 32(1) (b) upon deliberate concealment of matters relevant to their cause of action which occurred after the accrual of the cause of action:

Lord Browne-Wilkinson said:-

“... if the Defendant ... deliberately takes a step to conceal the relevant facts (a step which is by ordinary standards morally unconscionable if not necessarily legally fraudulent) it does not seem to me absurd that a plaintiff who has been prevented by the dishonourable conduct of the Defendant from learning of the facts on the basis of which to found his action should be afforded the six year period from the date of discovery of such concealment to bring his action”.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Is there a way of finding out old account numbers for our closed accounts? We have a couple of old accounts that had charges on them over six years ago but they are now closed an we have no information on them now.

Nationwide:

Total claim (including interest) 951.78

Settled in full: 20/04/2006

 

Halifax:

Total Claim (including interest) 1635.21

Halifax Settled!!! 12/05/2006

 

First Direct

Total Claim (including Interest) £2451.05

SETTLED IN FULL!!

 

Nationwide (Round 2)

Total claim £450 (Taken after account closure)

Prelim Letter Sent 17th Feb 07

 

Halifax (Round 2)

Total Claim £1227 including interest

Prelim Letter Sent 17th Feb 07

Settled in full 20th June 2007!!

 

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Hi Bearded

 

I would telephone your old banks customer service dept, ask them to verify that you had an account with them, (you may have to answer some security questions), and just ask them to confirm account number/sort code / when the account opened / when the account closed.

They should give you that info over the phone.

 

All the best

 

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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