Jump to content


  • Tweets

  • Posts

    • 1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this.
    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
    • Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself.
    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Court action


maggiejtbg
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6065 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have just logged into your brilliant site.

 

Iam beginning the process of court action. I realise i really need to read everything thouroughly before making this step.

 

Its all very confusing, but i am sure with all your help i will certainely succeed.

 

Once again many thanks to Barty for your quick responce to my letter.

 

Many many thanks

 

Maggie

Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Barty

 

Thanks for your reply i asked on another thread is it better if i fill in the N1 form and then take it with my list of charges to my local county court????

 

As i am trying to retrieve charges from 2 accounts is it better that i submit 2 claims as together they would amount to more than £5,000?

 

i did not know that you could claim O/D excess fee if i add these on then the amount is different from what i submitted to the bank first. Does this make a difference??? and should i add them all on. Cuz it is another £950!!!!!

 

sorry to be a pain in the bum!!!

 

Maggie

Link to post
Share on other sites

Hi

You can add on any charges up to the point of filing your Court claim, so add the o/d excess fees on and any other charges that you have incurred.

 

Filing by N1 at your local Court is the recommended way of doing things on here.

 

I would do two separate claims, one for each account.

 

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

Link to post
Share on other sites

Right then tomorrow is the big day.

 

County court here i come.

 

Once again many many many thanks i have had more help and responce from this site in one day than any other.

 

I will make sure thats the first thing i do when i WIN!!!!! :) and thats DONATE :) to keep you guys going

 

many many thanks yet again

Link to post
Share on other sites

May have to delay court action until next pay day (Aug). Fridge freezer has died, car needs MOT only realised when diid the insurance to-day and hubby's needs an MOT and bloody tax.

 

Do you ever feel it is just not your lucky day.

 

I so wanted to get this sorted before we went away on the 10th. Plus u never no they may have even payed up!!!!!!!!!

 

I'll keep you posted guys.

 

Maggie :smile:

Link to post
Share on other sites

Maggie,

 

This is not a reccomend but due to the lack of funds for one of my claims I went down the financial Ombudsman Route which I got from the site Money Saving Expert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more this is free. But once again its not a reccomend as I have only been doing it 2 weeks now but definatley worth a read.

 

Hope this is of help

Link to post
Share on other sites

Thanks Bebob's

 

I will read it and see how it pans out. I might be able to submit one claim to the court and then wait till pay day to submit the other one.

 

I LOVE!!!!! this site people so friendly and so quick to reply AMAZING I LOVE IT!!!!!!

 

Many many many thanks

 

Maggie

Link to post
Share on other sites

Hi Christiana

I read your thread and what a tuff time you had but you still hung in there and you did it. What did it feel like???

 

My sister in law tells me there has been some news on the T.V today about bank charges have you heard anything????

Link to post
Share on other sites

you do get nervous and worried at times, but when i filed my judgement today i walked out of that court with a smile on my face and a skip in my step :D

 

i think the news today is great, i dont think it will stop people claiming but it will also mean lloyds have to pay quicker which can only be a good thing :D

 

Link to post
Share on other sites

So you have another claim going through then.

 

I think i will have to put the car on a friends drive and do tax and insurance when i get back off holiday so i can at least get one claim started.

 

Good luck for yours :)

Link to post
Share on other sites

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

I dont understand what this section is about do i have to delete anything?????????? What does the £3 mean ??????

 

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

What does this mean????????

Trying to fill in my N1 form and i dont understand the bits in red. Can you help????

 

What do i put any way????

 

Thanks

 

Maggie

Link to post
Share on other sites

Hi Folks

 

Worried about all the new rules :???:

 

Does this mean all new claims to lloyds will be frozen until after the test case.

 

Do we have to use the new POC? Will it all fit onto the N1 form?? Because it is cery lengthy.

 

Thanks

 

Maggie

Link to post
Share on other sites

AND the Claimant claims:

(1) a declaration that the sums totalling £.......... have wrongly been debited from the Account

(2) payment of the said sum of £………… charged by the Bank thereon.

(3) interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £……., and at the daily rate of ………..until judgment or sooner payment.

(4)Court costs of [ xxxx].

 

Hi can anyone help me, what monies do i put into each box??? i know the amount for court fees

Sorry to be a pain

Regards Maggie

Link to post
Share on other sites

AND the Claimant claims:

(1)a declaration that the sums totalling £.......... have wrongly been debited from the Account

(2)payment of the said sum of £………… charged by the Bank thereon.

(3)interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £……., and at the daily rate of ………..until judgment or sooner payment.

(4)Court costs of [ xxxx].

 

Hi can anyone help me, what monies do i put into each box??? i know the amount for court fees

 

Sorry to be a pain

 

Regards Maggie

 

Can anyone please help me with this. I am trying to get it completed so i can submit it tomorrow.

 

I wish there was some way someone could look at what i have done to put my mind at rest.

 

I know im being a pain the butt.:(

 

regards

 

Maggie

Link to post
Share on other sites

AND the Claimant claims:

(1)a declaration that the sums totalling £.......... have wrongly been debited from the Account

(2)payment of the said sum of £………… charged by the Bank thereon.

(3)interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £……., and at the daily rate of ………..until judgment or sooner payment.

(4)Court costs of [ xxxx].

 

Hi can anyone help me, what monies do i put into each box??? i know the amount for court fees

 

Sorry to be a pain

 

Regards Maggie

Link to post
Share on other sites

(1) and (2) are your charges and are the same figure.

 

(3) is the statutory interest total and then the daily rate.

 

You need to complete paragraph 16 with your own figures even though the template does not highlight such in red.

 

This is the first time I have looked at the new POC in any detail, so I will get someone to check my last point above. So wait until you have confirmation until you proceed.

  • Haha 1

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...