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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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forkandles

Forkandles V Bank of Scotland ***SETTLEMENT ACCEPTED***

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Initial letter sent today by recorded delivery.

One copy to local branch, the other to Trinity Road, Halifax.

Trying to recover a total of £2199 in charges and interest.

Will keep you updated as to what happens.

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no, handles for forks!

 

Welcome aboard and good luck, we will watch out for updates


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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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Well that's 14 days up tomorrow and not a dickie bird from them. According to the Royal Mail website my letters were delivered, but no reply.

LBA being sent off tomorrow.

Will keep you posted.:mad:

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I suspect they're just a little busy :)

  • Confused 1

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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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Just a quick question, hope you all don't mind.

As I am at the LBA stage, do I stick with my full ammounts or do I start to break them down to prepare for court, as it seems advisible to keep claims to £750 max.

 

I am claiming for two accounts one for £1078.50 and the other for £1120.50

 

:confused:

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Are you in Scotland or England? Where was the contract made?


BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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I am in Scotland. One letter was sent to my local branch, the other to retail bank collections in Halifax.

 

I have an agreement where I am paying money back to these accounts and now use another bank for my banking as I am having real debt issues. If I can get the money back then it would half the ammount that I owe to them.:-|

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Sorry, just to clarify the accounts were opened in Scotland. So everything done up here, well before the Merger/Takeover!

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And on the 14th day a letter arrives............

 

Dear Forkandles,

it is my understanding that you are unhappy at the charges that have been applied to your accounts over recent months, and you feel that these should be refunded as dictated by recent Office of Fair Trading investigations.

 

Having started it's investigation into charges in 2004, the Office of Fair Trading (OFT) confirmed its opinion that default charges, as they are called, of more than £12 should be considered unfair.

 

We have noted the comments made by the OFT and have co-operated fully with the OFT during the consultation process and will naturally continue to do so. However, we cannot comment further at this stage, as we need to fully assess and understand the recent announcement.

 

At the moment the statement refers specifically to credit cards, but is likely to be expanded to other products in the near future. HBOS along with other lenders will respond to the OFT statement in due course.

 

Charges are specifically applied to customers whose transactions fall outside the parameters that have been set. It is approriate that an individual whose balance was insufficient to meet payments that he/she has made should bear the cost of the additional administration incurred as a result, rather than expect this to be absorbed by the shareholders as a whole. They are only applied when transactions fall outside the limits that have been set and they are thus valid.

 

In regard to your credit file I can confirm that this is a true and accurate reflection of how the account has been maintained. In light of this we would not be able to ammend any information.

 

I am sorry that this letter does not provide you with the response you are seeking however I trust this clarifies matters for you. I have enclosed a copy of our complaints leaflet, which explains our procedures.

 

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you within the next eight weeks I will assume you are satisfied with our response to your letter.

 

Yours

Liam Pollitt

 

This letter was sent from Halifax, at Trinity Road.

 

Any comments please.:confused:

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Waffle.

 

Just proceed with your claim.


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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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Thanks for the comments.

 

After going through other posts I have decided to send the LBA, but asking for just £750 as this seems to be the best way to proceed in Scotland.

 

What I would like to know, do I just arrive at this figure through charges alone or do I try to get this figure from charges and the overdraft interest?

 

I do intend to go after all the charges, but in £750 blocks, so this may take a little while.

 

Any thoughts comments?:confused:

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£750 in charges


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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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Another letter arrives....

 

Dear Forkandles,

Thankyou for your letter...blah,blah.....charges are justified....blah,blah.....However, as a gesture of goodwill I am prepared to refund £475 of charges in full and final settlement of your complaint. This amount covers both accounts, £250 for one and £225 for the other.

 

Thankyou, but no thanks I want ALL my money back and will be writing to let them know. I am so glad they sent this letter, because now I feel that they are on the run and will at some point cave in and give me money back.

 

The letter was sent form Retail Banking in Rosyth.:-)

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LBA sent of yesterday (21/6/06) to branch and Halifax for £730 in charges from 2001 to 2005. I included a list of all the charges dates etc.

 

For fun I sent a reply to the letter offering me some of my money back, saying that I would take that, but that I also wanted the rest from them. Lets see what they come up with next.:grin:

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I've just had fun with them today on the phone. Will post more details early next week as I don't want to compromise my position....


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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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Was getting ready to head to court with a claim for £730 (first block of charges) when I get a phone call and letter offering £1413 for both accounts, it breaks down as follows:

 

Account one: charges claimed 995.00

bank offer 749.00

difference -246.00

 

Account two: Charges claimed 1027.00

bank offer 664.00

Difference -363.00

 

Total claimed 2022.00

Bank offer 1413.00

Difference - 609.00

 

The figures quoted do not included any interest. To be honest I am thinking about taking this offer. This is due to the fact that i have to claim in £750 (max) blocks in Scotland and the thought of having to do this for months at a time does not seem that appealing.

 

Any comments......................

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Have decided to accept the offer.

 

Good luck to everyone else in their quest, I'm sure that all will go well.:D

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you got £1400 back, and saved futher hassle, dont think you can be blamed for taking the offer, well done:)

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Congratulations

 

Would you take a moment to fill out the survey please?


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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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