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    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
    • Underp04 (I think it was him) put up the statement IDR used in court from some supposed expert mr edge. can you find it? It stated 10 years was the statute barred limit but also that the laws were very confusing. very much worth digging out!
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    • They wont take you to court. I'm not sure what they'll do about the letters and if they will or wont send you the letters from their retail prevention company, but you can ignore those letters. You'll be just fine don't worry.
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Beckett v Lloyds TSB - Going Back More than 6 Years


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yes it was when i hit 18 and the problems really started.

 

is anyone geared up to help me with this when i get to MCOL stage in 2 and a bit weeks?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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No need to worry ... everyone will be here to help you troughout the whole process of your claim.

Good luck, keep us posted and any questions just shout.

In the meantime read, read and red some more

XxXxX

;)

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 2 weeks later...

I am going back 1999-2001, is it worth contuing my claim as my barclaycard defence mentioned limitation act and given the lloyds win, i think i should give up? any thoughts?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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In 2000-2001 I went over my od limit monthly.

 

However I am not sure anyone can remember but you account upon exceeding the OD limit was transferred to the collections department which took 2 weeks. whereby I couldnt deal with the branch because it had been transferred and i couldnt speak to collections because they hadnt received it. this caused me to run up further charges because nothing could get agreed.

 

Of course i got paid and the account went back to the branch which took 2 weeks. Mid way through the month I got hard up again and the account was transferred back.

 

I am sure there is a defence to be put here about

1) No-one was taking responsibility for the account as it was in cyberspace between 1 dept and another

2) I couldnt agree anything with anyone because the account kept getting moved.

 

Any thoughts on this?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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to be honest this board, helpful though it was is starting to resemble very long threads hijacked by unrelated questions. I want to know and I think there should be a post to newcomers stating whether

a) we should continue

b) have people won since the lloyds win

c) whats the state of play now.

 

my message really looks at the banks management of my account in a different light.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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The success threads are becoming a little hijacked and i cant see any wins since the victory.

 

I am about to relaim 1998-2000 next week so need to be sure this is still a goer as the court fee will be quite a bit.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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They've paid every single claim since. In fact, the draft of the judgement was given to the parties weeks before it was handed down formally and went public, and within that time nothings changed at all.

 

It was a one-off and will not happen again - and Lloyds know this.

 

Thanks for letting me know about the success threads - I'll sort them out when I get the chance.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I have just had a refund for my full claim, I received no indication from Lloyds or [problem] that I was getting the money, I checked my account today and there it was, I haven't come down from the ceiling yet, I want to go and spend it all before they take it back!!!(only joking, can seriously pay some more debts of now) my court date was due on the 20 June and I had just finished getting my bundle together and was going to post it tomorrow!!!:D

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Yes me too. Full settlement the day before court.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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thanks I am still lost. can i just start the ball rolling with the template mcol claim>

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Hi there

For what it is worth, I would not go to MCOL... I too am trying for more than six years (back to 1996) for my son and MCOL referred back to my local Court. I have always worried that because I was doing something 'different', the character restrictions might have not helped, too.

 

I am filing for an amendment tomorrow and have elaborated on my original submission (as well as other amendments)

 

MJAY

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why did MCOl refer back?? i cant really get to the court so will have to be done.. i am surprised no-one can lend me a line to insert to allow the case to be issued,

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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i cant really get to the court so will have to be done.. i am surprised no-one can lend me a line to insert to allow the case to be issued,

 

If you are issuing a claim against LTSB that you feel maybe staute barred should you not have it clear in your mind what you are going to state to the judge - surely you should not just be adding 'a line to allow the case to continue' - the case will continue anyway but unless you are sure of your arguments then in the long run it may fail.

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however the threads on here are mindblowing, if someone knows of a thread that deals with statute barring this would be really helpful. thanks

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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  • 2 weeks later...

Hi Guys. Nothing but good news............!!!

my son's case is due in Court Tuesday but a letter has come stating that 90% of the claim will be deposited in his account in the next three working days.......!!!!!!!!!!!!!!!!!!! A life changing amount for him. he is of course going to court anyway for the other 10%......!!!!!!!!!

 

Oh, by the way...... I was claiming back to 1996..........!!

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OK i have done the MCOL requesting back just over £2k from 1998 to 2000. My local judge seems to be throwing out defences now from banks and in my claim i ststed that LTSB on 2 occassions told me they have no data byt then came up with it, so more evidence, i will send copies of the letters to MCOL with a schedule of charges. LTSB has notr responded to either my request for charges or the LBA.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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my MCOL has been accepted this morning and issued. I have written to the court outlining the charges and proof that LTSB have twice fobbed me off about not having the data which i stated on my claim.

 

Hopefully they may wish to settle this one early in view of the embarrasing nature of their fobbing off. Also the local Judge through out the b'card defence as it was an abuse so you never know.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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acknowledged today. just awaiting for the defence to say there is no way can i have the money cos its time barred.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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