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    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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Shane5408 v Monument


shane5408
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Okay, thought i'd stop hijacking other peoples threads and start my own! I have sent my SAR to monument, worked out charges which come to £1,451. not bad for a card that originally had a credit limit of £200!! Prelim letters sent, offer of refusal and part payment acceptance sent (they didn'tpay it by the way!) and LBA sent.

finally, i filed my claim with an N1 form yesterday at my local court. now i wait i guess!

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hiya,

 

no not yet, i didn't realize i needed 3 copies of the SOC's as well as the N1 documents. I had one copy and asked the clerk at the courthouse if they could do some photocopies for me, she said yes but would have to charge £1 per page!! Since i was filing 4 claims that day i decided to just file the claims then and pop back on monday with the relevant SOC's copies!! I will also send a copy to monument tomorrow via recorded delivery. I'm hoping it doesn't make a difference that i didn't hand them in at the time i filed the claim which was two days ago?

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No it doesnt matter, its just to stop them trying it on by saying you have not supported your claim with proof of the charges etc.... but they prob will even after you have sent them. some guys send them 3 to 4 times.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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As daren says they will still say you havent sent adequet breakdown of the charges in their defence anyway im sure rainforests globaly are shaking in fear at the amont of paper B's are making us use

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Okay, Notice of Issue arrived today, Monument have until 13th of July to reply. Am I right in thinking they'll probably file an acknowledgement of service now to give them a further 28 days to keep hold of my money? At this stage I've filed the claim, sent off copies of charges, now I just wait right?

 

cheers,

shane

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All you can do now is wait until barclays have acknowledged and defended, then you'll have to wait again for your notice of transfer and a copy of barclays defence. Lots of waiting lol :)

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Hi Shane

 

Yes 11th Hour stuff [sigh] however you now have 8% accruing so it's not so frustrating.

 

Keep a note of when you should be receiving something and it's worth ringing court after a few additonal days post-deadline just to keep yourself reliably informed re state of play.

 

Have a good read through all the relevant stories of those going through/past your stage.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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[sigh] definitely to much waiting!! I was wondering, is there any way to ensure I receive the settlement in the form of a cheque rather than just credited to my account as I no longer have a credit limit with Monument anymore?

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  • 2 weeks later...

C:\Users\Shane Daniel\Documents\MISC\My Pictures\asd.gif

 

 

 

still no response from monument, they have until the close of business tomorrow to file and acknowledgement of service else they are in default and i can ask for judgement to be entered. When i sent them the S.A.R - (Subject Access Request), along with the list of charges they also sent me what appeared to be the original CCA agreement, looks pretty generic to me. i have attached the picture below. Am i right in thinking that in order for this agreement to be legally binding BOTH parties have to sign the document? If so then can i question the validity of this as monument did not sign the form, simply stamped it?

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So I sent of my request for judgement to the court on monday, still not heard back yet, when i called the courthouse they told me they were working a few days behind and they might have received a defence from monument, just not of logged it yet! Ah well, will have to wait and see i suppose

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Has anyone else got charges on their statements classed as 'merchandise interest?'. I'm assuming this is the standard APR they charge?

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I have a Cap credit card. They show interest as "Purchase" and "cash" im guessing that merchandise is the same as purchase. If you look at your T&C's you will possibly find they charge different rates, thats why they seperate them. Are you claiming CCI?

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Hi Trucker,

 

Yeah going for the lot, charges, Contractual Interest, 8% s.69 county court added interest + daily rate of interest as well! Nice tidy sum of 1,684 inc court fee, at present my balance stands at just over 800 so they can't simply refund it all to my account, i'll want a cheque for the difference. I know you're only supposed to claim one or the other (CCI v 8% interest) but when i lodged my claim for capital one about a month back i didn't know this so added all charges on my claim. within 10 days Cap one settled for the full amount!

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OK if your claiming CI then you cant claim the 8% s.69

 

 

Hiya,

 

yeah I know thats the rule but when i submitted my claim for capital one a few weeks ago i didn't know it at the time so i claimed for both and 10 days after my claim cap one settled for the full amount!

 

so i decided to put both on this monument claim as well and it looks like i will win this one as well by judgement as monument haven't responded and their deadline was fri the 13th!!

Am i the first person to have claimed back both?

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  • 2 weeks later...
Has anyone else got charges on their statements classed as 'merchandise interest?'. I'm assuming this is the standard APR they charge?

=============================

MERCHANDISE interest is when you buy things call it MI

cash interest is when you take cash out call it CI

------------------------

as at may 2005 MI=1.313 % PER MONTH

as at may 2005 CI=1.833 % PER MONTH

=======================

as at JANUARY 2006 MI=1.527 % PER MONTH (19.9% APR)

as at JANUARY 2006 CI=2.141 % PER MONTH(28.9% APR)

========================

as at OCTOBER 2006 MI=1.527 % PER MONTH(19.9% APR)

as at OCTOBER 2006 CI=2.207 % PER MONTH

 

WILL UPDATE IF I FIND OUT ANY MORE

:cool: sunbathing in juan les pins de temps en temps

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  • 2 months later...

shane

 

well done on this one good double victory!!!!

 

can you please state what was the EXACT response to yoyr CCA (£1) request .....................

did they send you a copy of the famous rapid response form ?s

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Hi Vulture,

 

It was indeed the famous rapid reply card! Not even a letter explaining this was their pathetic attempt at a 'true copy'!

 

regards,

shane

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Hi Vulture,

 

It was indeed the famous rapid reply card! Not even a letter explaining this was their pathetic attempt at a 'true copy'!

 

regards,

shane

 

 

the "Not even a letter " is the "draw your own conclusion bit"

 

meaning that unknowledgable people will believe this is "kocha"

 

royal bank of scotland - mint try this trick with a compliments slip..

 

as i said the "not even a letter " is a sign of weakness

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Update, haven't posted here in a while but they finally paid up!

 

they ignored my claim, I got judgement and filed a warrant of execution authorizing the use of court appointed bailliffs to recover costs. 10 days after the warrant was issued by the court I received a phone call from Thomas Hickey! Wanted to settle for the full amount if i agreed to have the judgement set aside!

 

I agreed but only if the full amount (1,680 inc all stat interest and cci) was paid directly to my bank account and NOT credited to my account. I explained i was in dispute with monument, they had no enforcable agreement and that i would like to keep this settlement separate from that. He agreed a few days later full amount was transferred to my account via BACS!

 

Then 10 days later after months of no response from monument i get another phone call from them explaining the debt has been written off!

 

So £1,680 spending money + £700 debt wiped off which was all charges anyway!

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Shane,

 

Sounds like a good result and big Congratulations to you.

 

Spend wisely.

 

Slick

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