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    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.  The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.  There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  So I implemented a Standing Order to this effect.  Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   So in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.  So I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.  So thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.  As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!   I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
    • Northampton has lost a host of major retailers, but independent traders say it has a bright future.View the full article
    • I think the most important thing here is to establish a paper trail. You have the right to return it within 14 days for any reason – the cooling off period. Also if there is a defect which manifests itself within the first 30 days then you have a right to reject the computer for that defect. I suggest that you write letter immediately – email – send it to them and make it clear that you are invoking the cooling off period and that despite your best efforts you have been unable to obtain an address from them and in fact you have found that both their staff and the systems are obstructive to your application of your consumer rights. Send a second email (they aren't normally able to understand one point per email – they get confused) and tell them that you are invoking your right to reject under the consumer rights act because of a defect and you want to know what arrangements they are making to collect the computer. Send both of these letters today. I suggest that the cooling off period one you also sent by recorded delivery post tomorrow but make sure it bears today's date. In terms of the defect, I suggest that you start going to the setup process again if you can and take a photograph of each screen so that you are able to demonstrate the defect. If Dell tries to shirk their consumer obligations then you will have evidence that there was a defect and after that we will help you through the next step.
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broke dave v LTSB ****WON!!!****


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Dave,

 

Have a look at the internet archive wayback machine. I have printed off T&C's in relation to charges from the old Lloyds TSB sites. It doesn't say that the charges are for breaking an agreement though, just that its a fee for providing a service.

 

I haven't got the link to it mate, sorry.

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Sorry to everyone that I haven't been around for a bit to offer support.

Had what I thought to be some good news after the bad news referred to above.

Have now added a new contract which means I am now working 5 to 6 days per week. Told Business Manager and asked for unauthorised O/D of £2000 to be made an authorised one to avoid further charges.

After 2 hours on phine this was declined. May now lose the house this month :eek:

Have other info that he gave me about charges but am too tired and frustrated to share them now.

Will update in the morning.

Good night and God bless all of you facing the same challenges.

p.s. no holidays planned here just keeping a roof over my head :(

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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.."Told Business Manager and asked for unauthorised O/D of £2000 to be made an authorised one to avoid further charges.

After 2 hours on phine this was declined".

 

Just compare & contrast the caring face that the banks put across in their tv ads (note how LTSB use cartoon characters to portray their customers now) with the actuallity as shown above; They never cease to amaze me.

 

All the very best Dave, go get YOUR money back & give those avaricious (edit) a good kicking whilst your at it.

 

Keep your chin up. Good night & God Bless

 

McIavelli (I'm not that devious really)

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Update. Nothing from **** following 2 nudge letters. So it looks like this is going all the way :( . Putting bundle together today, but still can't find T&Cs. However, I have found a couple of O/D letters which on the back have 'Our Guide to Banking Charges' explained. Does anyone know if this will be sufficient. It is after all indicative of the T&Cs which were in force at the time.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Oh and another thing! Why have I always got a guest viewing my thread? As the last post was 4 days ago I am well down the list. Getting paranoid;)

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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They are still settling and not turning up for hearings unless you are claiming CI or pre 6 years years charges.

 

I have searched around and cannot find T&C for the period you require.

 

I cannot find T&Cs on the Internet Archive Wayback link here (you have a try maybe I am missing something: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732094

 

I would expect T&Cs to look like that in post 48 above.

 

I would use that in post 48 above if you can find nothing more suitable. If Lloyds then contend that the T&Cs are incorrect then it will be for them to adduce evidence in the form of the correct ones.

 

About the guest, someone has probably left their computer on open on your thread. Even the slowest reader would not take 4 days to read 55 posts.

 

If I stumble across any I will post you a link to them.

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Thanks for the support G. I couldn't find them on that link either - maybe we have both gone mad :p . Probably will use those on link 48, together with the wording on the back of the 2 letters I have found.

Hoped it wouldn't go this far but let battle commence. Hope the local judge is freindly!

Sorry, can't click on your scales as I need to spread my reputations around :D

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Have decided to include this in my bundle

 

BBC NEWS | Business | Judge slams bank payout delays

 

Any thoughts anyone?

 

Also, having read on another thread (can't remember where) about courts not requiring full documents (as they see them every day!!), would the following be acceptable?

 

I, BD as the claimant will rely on the following documents as a state of fact as supporting my claim:

 

Then put in the headings of the basic court bundle; giving links to the documents in case **** can't find them.

 

You then only need to put in documents that are personal to you. This saves both the claiment and the court a lot of time.

 

Just a thought before I run out of money and ink :p

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Hi Broke dave

 

Thank you for your message.. im sure it will , just sit tight - will watch your thread to see how your getting on .

 

Good Luck

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Have decided to include this in my bundle

 

BBC NEWS | Business | Judge slams bank payout delays

 

Any thoughts anyone?

 

Also, having read on another thread (can't remember where) about courts not requiring full documents (as they see them every day!!), would the following be acceptable?

 

I, BD as the claimant will rely on the following documents as a state of fact as supporting my claim:

 

Then put in the headings of the basic court bundle; giving links to the documents in case **** can't find them.

 

You then only need to put in documents that are personal to you. This saves both the claimant and the court a lot of time.

 

Just a thought before I run out of money and ink :p

 

You must file your own bundle in full. If I have not done so already I can send you most of the core documents in one PDF (if you PM me your email address).

 

Where specifically did you see the thread saying no need to file your own complete bundle? This is a dangerous activity and I would only embark on such a course if a judge specifically directed it and even then I would be reluctant - I would not want to rely on a bundle prepared by someone else; I have seen some flakey claimant's lately (not referring to you of course BD).

If I have been helpful please click on my star and add a comment.

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It was here:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/98848-court-bundle-lloyds-tsb.html

 

Don't worry I think I have everything I need for Court?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Hi BD - have been reading through your whole thread. Thought you may be able to help me with regard to Notice of Transfer of Proceedings which I have received. It says that the claim has been transferred to my local County Court of Winchester. It also says that "the filing of an allocation questionnaire be dispensed with in this case unless the Districtrs otherwise Judge at the court of transfer order"; and

"Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order". What does this mean?

The defence was then a 9 pointer which I gather is standard. I've posted it on my thread.

I realise how busy you must be at the stage you're at, but as our claims seem to be going along a similar route, I just wanted to ask whether I should be doing anything now. A mediation leaflet arrived with the Notice of Transfer of Proceedings.

I would be so grateful if you could help me and I'm sorry you've been having such a time of it recently.

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Ok, but have just read on someone else's thread (LisaM696969) that she sent a draft order for directions following her Notice of Transfer of Proceedings but before getting a court date. She copied this to SC&M as well as sending to local county court and Lloyds have now settled. Would it be worth sending this and if so, where do I find a template or information for the draft order for directions.

Would be very grateful for your help, will paste this onto my own thread too!!

Thanks.

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I cannot find your thread.

 

The draft order and settling by Lloyds are likely to be co-incidence. Lloyds settle in their own time, unless they have judgement. However you should still send it.

 

Read the link in my post 65 above, it includes a link to the draft order. It would be helpful if you read the links in previous posts before posting up a question that has already been answered - it cuts down on all our typing.

If I have been helpful please click on my star and add a comment.

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I have found your thread now, I see BD started your thread. You should stick to it. I have copied post 67 to your thread too.

If I have been helpful please click on my star and add a comment.

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just read your whole thread - sorry to hear you have been having a difficult time of it . Try not to get to stressed with it all - they will settle eventually.

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Thanks GuidoT and BfC. Haven't had time recently to help anyone. Tina, I hope that your questions have been answered. Nothing for you to worry about.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Court Bundle almost ready but I am waiting until the last minute. Have printed a lot of stuff out but not any T&Cs or Witness Statement (yet). I've seen today that CAG are preparing a new statement for those who have court dates imminent. Have PMed GaryH but if any other MODS see this please help. Ideally I need to print and photocopy everything over the weekend and lodge at court Monday. Then send to **** next day delivery. Court date is 10/07/07 :cool:

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Any ideas on the new Witness Statement anyone?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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If anyone has PM'd me over the last 24 hours please try again as my e-mail address has changed (couldn't pay for the other one!!!)

Gary H I really need your help with the new statement if it is ready. Monday is cut off time.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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PM me again if they haven't settled with 3 days to go. You almost certainly won't need it.

 

Referencing specific T&C's to the WS and tayloring each to particular accounts is labour intensive as you can imagine. I've got my hands full with the Birmingham cases at the moment.

 

In the Small claims track late amendments or additions to evidence are permitted so it won't be a problem to add it nearer the time if necessary.

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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Hi,

I have court date 23rd July ? I think this is for allocation, do I need to take any paperwork or money to pay any fees?

I thought they would have paid up by now. I have received 750 of my claim for 2025

Can anyone help me please?

Thanks

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