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    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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scottish bank charges


chasbeg
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I'm belatedly looking into claiming back bank charges and I'm very confused. I live and work in Scotland and bank with The Bank of Scotland. Can anyone direct me to an appropriate letter template for use in Scotland with a Scottish bank? And...is it true in Scotland we can only claim a maximum of £750?

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Hello and Welcome, Chasbeg.

 

You can claim up to £750 Small Claim or up to £1,500 Summary Cause in Scotland. You could also go through the Financial Ombudsman Service and reclaim your charges if they total more than £1,500. I have twice won claims against BOS, one Small Claim and one Summary Cause. As I still have about £5,000 to claim I have today sent my complaint to the FOS.

Go back to the main Forums and General....Scotland, there you will find Scottish Procedure, this should keep you straight. Most of the template letters you will find in the Bank Templates Library. Have a look in the Halifax Bank and Bank of Scotland Forum, read a few threads then start one yourself.There's always someone who will help you out.

 

Best wishes with your claim.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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chasbeg

Hi and welcome to the CAG site

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

Good luck with your claim

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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RE the above

 

This is a ridiculous template message, which i have come across several times in the last few days. It does not answer the questions posed, and does little if anything to help the O/P

If you do not have time to answer the question posed, then please refrain from adding this nonsense!!!!!!!!!!

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Chasbeg, i have been doing some research myself, and it should be extremely easy to use the english system if your claim exceeds our £750 small claims limit. I have been reading up at the Govan Law Centre website which has a informative section on jurasdiction, if your bank or credit card company has a head office in england, you CAN use the court local to them i.e for capital one you can use nottingham, or seeing as BOS has merged with HAlifax, if you have a large claim you could use a court in Halifax i would reckon, hope this helps

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or seeing as BOS has merged with HAlifax, if you have a large claim you could use a court in Halifax i would reckon,

Stevo's probably right, but it's worth checking first. HBOS group are split into 3 groups, Halifax, Bank of Scotland and HBOS.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Yes this is true.

You can use the Trinity road address for any BOS holding group companies which includes yours.

Of course this must be lodged in Court here from an English address.

As regards our site helpers response he is doing his best here.For the most part although this does not specifically point to the answers re Scottish procedure,it does mention the Faqs and further reading where this info is available.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You can use the Trinity road address for any BOS holding group companies which includes yours.

 

Thanks Martin

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Stevo's probably right, but it's worth checking first. HBOS group are split into 3 groups, Halifax, Bank of Scotland and HBOS.

 

 

You have the right idea Rory but its actually 1 group that incorporates 2 Banks.

HBOS IS the group.....Halifax and Bank of Scotland are its companies so they come under the HBOS umbrella as they call it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Of course this must be lodged in Court here from an English address.

 

When using the N1 form, it should be posted to the court local to the defendant, the pursuer may use thier home address, an English address is not necessary. (ref Govan Law Centre)

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Hi,

 

Wonder if you can help i have just received a letter from HBOS to say that he is satisfied that my charges were right.

 

Not sure what to do next re taking to court can someone help.

 

regards

 

weeyin

 

 

Hello and Welcome, Chasbeg.

 

You can claim up to £750 Small Claim or up to £1,500 Summary Cause in Scotland. You could also go through the Financial Ombudsman Service and reclaim your charges if they total more than £1,500. I have twice won claims against BOS, one Small Claim and one Summary Cause. As I still have about £5,000 to claim I have today sent my complaint to the FOS.

Go back to the main Forums and General....Scotland, there you will find Scottish Procedure, this should keep you straight. Most of the template letters you will find in the Bank Templates Library. Have a look in the Halifax Bank and Bank of Scotland Forum, read a few threads then start one yourself.There's always someone who will help you out.

 

Best wishes with your claim.

 

Regards.

 

Scott.

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I assume you are in Scotland weeyin. If that is the case start a thread in the Scotland subforum. You will get specific advice there.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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When using the N1 form, it should be posted to the court local to the defendant, the pursuer may use thier home address, an English address is not necessary. (ref Govan Law Centre)

 

 

Thanks!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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