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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Halifax Refuse Payout


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Hi.

 

All you need to do is print out the letter off the Templates Library.

 

Weve all had this letter. Just ignore it . They send it out in the hope we will all get scared off. Just roll over and accept what they have told us, BUT, Not on this site we dont.

 

Send the LBA and keep to your timescale , not theirs, you will then more than likely get a reply saying they are sorry your unhappy blah, blah,

"We will investigate and get back to you within 243 yrs 10 days ,36mins and 3secs" LOL

 

Dont go by any timescale they say its your money , you call the shots not them.

 

Good Luck and keep us posted

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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OOOPPPS

 

Sorry money didnt see you there lol

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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I have received an offer for just under half the amount claimed.Court papers where served the day after the letter was sent.so i phoned them today and regected there kind offer.they have untill 26th to reply to the court.so stick to youer guns and keep going

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I have received an offer for just under half the amount claimed. Court papers were served the day after the letter was sent. I phoned them today and rejected their kind offer. They have until 26th to reply to the court. So stick to your guns and keep going

 

Quite right!

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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  • 2 weeks later...

Hi, sorry for the thread etc but i was not sure how to go about this .... well i have pulled it off the template library and i am confused as i have had a letter saying "no", the first paragraph does not mean anything to me as like said before they have replied etc ... please help i dont know if i have left it too late now to respond anyway but the help would be appreciated so i can sort this finally ... Thanks

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

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hi firstly dont panic did you send your prelim with a schedule of your charges if you did then letter you have recieved is there standard fob of letter you now need to send your lba

Letter before action - Consumer version - asking for it back

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This

First !!

Example Step-By-Step Instructions

have a look at these links they will help

also you have 3 threads going could to keep to one please and we will be able to keep track of your progress any questions just shout

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Hi Tilly 49, thanks for the reply, and yes sorry i apoligise for having 3 threads open (i am not sure how i did this but sorry !! confusion i think). well i have read through what the LBA states and i think i am understanding it a bit better now, i will just have to re-word the first paragraph as i have heard from them etc ... in answer to your question yes i did send prelim letter and schedule of charges and then yes got the fob off letter back saying that the charges were correct on my account and they will not be giving me a refund .... i will get cracking with the letter nowand make sure it goes in tonight's post. thanks

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Just insert the word POSITIVELY in the fist paragraph ok?

i.e as you have failed to respond positively

Good luck:-)

 

 

 

 

This template really should have been changed by now, its been causing confusion for a long time!!!!!

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  • 2 weeks later...

Hi, well I have now received another letter back from the Halifax giving me more of a fob off, saying that the charges are still ok and that I now have 2 options, either go through the court or to make a complaint .... which one is the best form of action now as really I would like to keep away from the court proceedings as much as possible ... did not know if there was anyone out there who has made a complaint and it did the trick or not ??

 

Also in the letter they state that if i decide to go through the court then i may not win as they are freezing off all the bank charges in court at the mo ?? Is this true ... I would appreciate some help on this as all confused now !!!

 

Thanks :???:

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Stick to the time scales, don't believe their lies.

 

Courts are not issuing blanket stays, each case is dealt with seperatly and is at the judges discretion (not the Halifax's)

 

People have won since the OFT made their announcement so don't loose heart.

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ok check out Tillys thread there is N1 template on it and also on Moneyhelps ,, just change details a bit ,, i copied and pasted it ,, works every time

hope this helps a bit ,, im new myself so kinda finding my way around also ....

good luck :)

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Hi,

 

Thanks for the advice, i think i am going to do this on-line as feel this will be easier ... going to look this afternoon so may be back on later for some help !! Sorry and Thanks :)

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  • 2 weeks later...

Hi, well I have finally filled in the N1 form but I am stuck on one last thing on the form.

 

at the top it says In The ..... I am not sure what I have to put here, I know it is a court but how do I know which one ?? If someone could help I would much appreciate it asap as I would like to send this off this weekend ..

 

Thanks very much !!

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