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    • Absolutely for the agreement they are referring to.... puts them on notice that this is going to be a uphill fight.   Andy 
    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The "router" account below contains a phantom book debt - Mr Hemsley admitted that the "book debt" was an asset at the Commons meeting.

 

indebtnessstatement-2.jpg

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Sparkie and myself (and others) have been liaising with a whistleblower regarding RBSs behavior on the continent - I recently received an anonymous email advising me not to take this guy seriously.....Interesting.

 

Paul

 

 

Interesting who knew u were liasing with this guy.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well, when you say accurate.:(

This was the "Book Debt" as of 1999, this is the figure that the RBS litigated on, & gained a CCJ for. The £300 are our monthly payments, Duncans CCJ was £56,187.08, & mine was £57,680.27. Despite the payments the "debt ledger" is increasing.

Debs

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Paul

 

Here's the 'Router' stuff for 2007. Remember, they don't add post judgment interest (so they say!!) and we had been paying £300 per month from 1999 for 7 Years.

 

Strange that we have paid them over £25,000 and the debt has increased even though they don't apply PJI.

 

 

 

Scan009.gif

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Paul

 

The RBS must like us.......we have many 'Router Accounts' that add up to lots of money that we don't owe but appear as assets for them.

 

It's going to take a few minutes to blank personal details but you may find it interesting

 

Back in a bit

 

Duncan

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Here's one of our 'Router Accounts'.

 

I've removed our address and some other personal stuff, but our full names are OK, we are pretty much known and I want to leave the full Router Account number.

 

 

 

 

Router-316745-1.gif

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Paul

 

The RBS must like us.......we have many 'Router Accounts' that add up to lots of money that we don't owe but appear as assets for them.

 

It's going to take a few minutes to blank personal details but you may find it interesting

 

Back in a bit

 

Duncan

 

Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors..... is this not a criminal offense?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors..... is this not a criminal offense?

 

after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

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Senior RBS are aware that their "recovery" system was defective but have continued to present phantom assets to auditors

 

So some interesting questions for the audit committee of the board and the auditors to answer.

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after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

 

I have to agree.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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A book debt can NEVER be the same as the total indebtedness...that is how they are creating the false assetts.

 

The book debt is what a borrower has borrowed ....if you borrow £10.000.

 

That is your book debt.

 

Your Total indebtedness is the Book debt plus interest and other charges.

 

What the RBS are doing is turning the interest and charges ( i.e created money) adding these to the book debt into a total book debt....making the "assett" appear bigger than it is..... false accounting and fraud ......the total indebtedness does not become an assett until its fully paid....only the Book debt remains constant.

 

Clever aren't they???? or thought thy were.... but now they have been rumbled.

 

sparkie

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after the bailout in 2008, they know that they are indispensable, they can pretty much get away with anything. It's such a shame.

they are only gettin away with it because alister darling has given them the all clear to bury the debts ? he knows about it and should be called to the house to explain his part in this massive fraud and for his trying to hoodwink the goverment as well as the select committee,looks like fodder for GEORGE OSBURN to demand MRmove over ,come to the commons this will kick up the biggest stink we have seen in years .brown must have knowledge of it this is why no one is answering any questions....

ue finance ministers is also a good bet,ive decided MORE E MAILS LOL

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Can I suggest that you contact the Future of Banking Commission. Perhaps they'd like a copy of Sparkie's DVD.

 

http://www.which.co.uk/banking/howitwillwork

There's a bit more about it here.

 

 

What Termi hasn't mentioned here, is that she and I attended the Big Banking Debate in London on 4th and what a night!!

 

I had hoped to have posted a full report by now, but suffice to say it was like a breath of fresh air. MPs from the 3 major parties all gave the same message, that the behaviour of the banks is not acceptable and that they wanted to hear what bank customers have to say, including what ideas they have to resolve the problems. They specifically targeted charges and irresponsible lending, as well as bonuses. We sat at tables of about 10 people with a facilitator from Which? at each table to chair discussions on a number of topics and see what were the main 2 points that came from each of them which were fed back to the room (about 250 people attended in total).

 

Among our group, more seemed concerned about the interest on their investments than charges, although by chance a Trustee of Which? was among our group, and she was very well aware of the charges issue and was interested to hear about CAG and what we do.

 

There were 3 topics:-

 

1. Experience and Perceptions of the Banks

 

2. Problems with the Banks

 

3. Solutions

 

The MPs came down from the platform as groups discussed the topics and David Davis MP joined our group for a while.

 

A common theme seemed to be how impersonal the banks are now, no managers, no direct contact by phone, and that they are more interested in selling. We reached a conclusion that they are too big now, and there's no real competition. Profits are more important than people, and they just do what they like, without any effective regulation.

 

As we talked, I realised that profit was the real problem, and our charges are not only paying bonuses to bankers, but profits to share holders. I've decided to close my bank accounts and just use a building society which works for the benefit of its members, ie it's account holders and let the banks rot.

 

David Davis admitted he'd had banked with RBS for 40 years, but really people should move banks if they aren't happy with them, and it's true. While we stay with the banks they have no incentive to improve their ways or be truly competitive to give customers a good deal and a good service.

 

There was also a concensus that regulation needed tightening up, and that the FOS and FSA were failing as they too are bankers. One idea, which I thought was brilliant was, to have some kind of panel which included customer representatives.:D

 

The whole event was filmed and it should be appearing on the Which? website. We were also asked to hand in notes that we had takent so that they could be put before the Commissioners. I made sure I made some salient points and provided the CAG website address, along with a suggestion that if the Commissioners want to see what dire effects the banks have on people's lives, they should look on CAG.;)

 

At the end of the event we had a glass of wine, and Termi and I were joined by the facilitator from our group, who is also a Which? editor. She asked if we would like to be included on future focus groups and discussions on the future of banking, an opportunity we both jumped at, and provided our names, addresses and contact details. I really hope something comes of it, and I have to say, I think it will. I don't think it will be quick, and I don't think it will be easy, but I got a real feel that there is a desire to see things change.

 

Speaking for myself, I left the event feeling very optimistic

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Sparkie, Why don't you email our mate Hemsley the letter to Darling.

 

I'm under strict instruction not to wind em up.

 

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Sparkie, Why don't you email our mate Hemsley the letter to Darling.

 

I'm under strict instruction not to wind em up.

 

PW

 

Hiya Matey

 

Your wish is my command;):D:D of course I will add a couple of points of my own:smile:

 

I sent John Mc Fall this e-mail last week....got an automatice reply to it so I know they received it.

 

Dear Mr Mcfall,

 

I hear that Chief Executive of the RBS will be attending a meeting of the Parliamentary Treasury Select Committee in the near future.

 

Is it possible that you could ask questions to him direct regarding the content of the two letters attached, which have been sent to the FSA and the FOS respectively.

 

One letter has been sent by me to the FOS the other is a joint one with Mr Paul Walton to the FSA

 

The content of these two letters will be explanatory enough for you to formulate some questions to put to Mr Hester, we have been attempting to obtain answers from the RBS top management and Mr Hester to no avail.

It may be possible for you to obtain them ...BUT I doubt it very much.

 

It is possible Mr Hester will have personally heard of both of us.

 

Thank you

Yours sincerely

 

sparkie

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Have just sent Mr Hester another E-mail and given him a link to this thread ....with Pauls permission of course ......and added a few notes for him to consider...I have attached a copy of the letter from the treasury to the Chancellor ....just in case he doesn't know about it ;):D

 

sparkie

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o he will know of it sparky he has people watchin his back

the chancellor has a lot of questions to answer to he has already become part of a cover up of the TELFORDGATE FILES this is a cause for the serious fraud squad yet they have not implemented any action, it wont go away i am writing letters as we speak and asking what where and why is nothing happening such as investigation

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I will remind peeps of what I showed on my DVD with regard to my " Router Account". and the falsely created EXTRA Book Debt and how it was done...

 

.I had an alleged original " Book Debt" of £171.57 after 15 months had reached an alleged total debt of £645....this was made up of the alleged Original book debt plus £474 of charges...RBS then created another " book debt" for these charges...............which cannot be a book debt............a book debt is only the initial fixed sum borrowed.

 

In Pauls case his Router account "BOOK DEBT" was made up of the total indebtedness which RBS confirm(ed) are Assetts..........but they are falsly created and fraudulently presented assetts.

 

Beacuse they are " Internal accounts" in Telford alone..... no one outside RBS Telford knew of their existance......they have come to light by errors made by the RBS..............there must be 10's maybe 100's of thousands of these Router Accounts but only 3 or 4 of us have discovered they exist.

 

In Pauls court case RBS stated that his Router account documents were sent to him in "error".

In my court case they were with held from my SDAR but presented in the RBS defence bundle....because Courts never give an LIP a chance RBS got away with it all

 

RBS conceal them from account holders who have them at Telford

 

sparkie

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Paul, Sparkie, Patrick et al I think you should all bear one important thing in mind. You are talking about a possible fraud involving a large bank and some of its senior management and perhaps Directors too. This Country is in the middle of a huge financial crisis thanks mainly to the actions of certain banks so the last thing the Government needs is for this to come out as well. It could set RBS into freefall and bring down other banks into the bargain and make our financial institutions the laughing stock in World affairs.

You only have to look at how probably a far bigger scandal involving HBOS

was handled back in 2008 where amounts of losses there amounted anywhere between £250 million and £1 billion depending on which report you read. Very few heads rolled, no prosecutions and one of the overseers of it all now is head of the FSA. You will note the comment that since he has been in charge, the FSA appear to have stopped levying fines on HBOS.

Ian Fraser - Business and Financial Journalist Ian Fraser Blog Archive HBOS: When did the rot set in? And were shareholders asleep at the wheel?

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lookinforinfo,

 

Are you saying that we should go away ...having suffered monetarily mental distress aggravation at the hands of the RBS.......if RBS had compensated us for this a long time ago instaed of abusing its position of monetary power ...again which they never had in the first place....should all others also the ones who have had their homes posseded on the basis of these router accounts

 

 

I made the PM. aware of what had gone way back in August 2007 ...if the Govt and authorities has acted then RBS would not be in such a bad position as it is now and nor would the Govt...........sorry mate I do not agree what we shoud consider.....no -one considered us.

 

 

I must log off now or I will get angry and the sie team do not like me when I get angry :D:D ....ONly joking site team I understand the situation well

 

sparkie

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Far as I'm concerned the fact that they're huge and have such a highly inflated sense of self worth is all the more reason to ask them to account for their activities. By allowing such activities we condone their actions and only set ourselves up for another bail out the next time one of their great money making schemes fails.

 

The recession, caused by such reckless financial gambling in the first place, is no excuse to allow them to get away with anything else that comes to light. If they go under so be it, all of their legitimate interests will be passed to more trustworthy institutions who it could be argued are more deserving of any bonuses now and in the future.

 

This is the security of the economy we are talking about, I feel it's not a big ask to let grown ups handle such an important task and anyone who isn't up to scratch, entirely reputable and morally responsible should quite rightly have no say in such matters.

 

I understand that the country is struggling and I too have suffered greatly because of it but equally I will never be content to let the kind of practices RBS and others have engaged in to go unaddressed. I fully support those on here who are clearly fighting to get some very serious concerns raised and dealt with in the proper manner and with their persistence and the intervention of the right people the public will come to learn more about the institution they have supported with their hard earned money.

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This is the security of the economy we are talking about, I feel it's not a big ask to let grown ups handle such an important task and anyone who isn't up to scratch, entirely reputable and morally responsible should quite rightly have no say in such matters.

 

I fully support those on here who are clearly fighting to get some very serious concerns raised and dealt with in the proper manner and with their persistence and the intervention of the right people the public will come to learn more about the institution they have supported with their hard earned money.

 

 

Hear, hear!!

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