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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Office Of Fair Trading Test Case


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Does this also mean therefore that if you are using unlawful charges in a defence against a bank that your case should be suspended also?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I think my original post got lost due to so many listings at the same time.

I am worried and confused now.

The received the "General Form of Judgement or Order" as detailed below and have provided the information as requested by the Judge. I also provided to SCM full details of each charge and how worked out my interest etc as they requested it in a letter several weeks ago. I spoke to the court manager on the 23/7/07 who said Lloyds have failed to file at court a counter scedule and also they have not served anything on me. I even checked again on Tuesday with the court manager who said they definately not received anything.She told me to write to the judge asking for judgement which will be placed in my file that the file which will be given to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement.

I can almost taste the money but will this news today scupper that or as Lloyds failed to meet the deadline imposed by the Judge and it is so far down the line i can breath a sign of relief?

Surely my claim has gone too far and Lloyds cannot ask for anymore time etc???

Reading what Malaga1 wrote above "But the banks will be granted a waiver so they do not have to answer to any more complaints now" i guess this all might relate to any new claims just starting.

It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's

Upon reading the documents on file IT IS ORDERED THAT

1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation.

2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer.

After compliance the District Judge will consider further.

Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service.

 

In your case, i would follow the case managers advice, but i would make sure to use special delivery.

 

It's up to the judge to decide... but I fear, even at this late stage if they apply for a stay it will be granted... However, once the court makes judgement, that'll be that.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Personally, instead of going through the court route, I would now go the financial ombudsman route...

 

FOS are now not accepting new complaints and are suspending investigations into existing complaints.

 

FAQs complaints about bank charges

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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Hi folks, Im due to put bundle in on Tues shall I carry on or are cases already in court system on hold as well

 

Yes.

 

 

Does this also mean therefore that if you are using unlawful charges in a defence against a bank that your case should be suspended also?

 

You can apply for a stay, yes.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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At present the case is very specific to current account overdraft fees. Credit card fees are quite different so you could probably contest a stay, although ultimately it is down to each court as to whether a stay should be ordered. The final ruling may have implications on credit card charges.

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Sorry tomterme being thick as usual carry on or not?

 

Carry on.

 

 

.....

 

In case anyone is wondering, In all cases brought before the court, you should carry on as normal, unless the court orders a stay.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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In your case, i would follow the case managers advice, but i would make sure to use special delivery.

 

It's up to the judge to decide... but I fear, even at this late stage if they apply for a stay it will be granted... However, once the court makes judgement, that'll be that.

I have sent it via special delivery and fax which the court manager has confirmed she has received. I am led to believe that because in my case laike some the allocation questionare was dispensed with so they cannot ask for a stay. If they could i thought it had to be requested within 7 days of service which is stated in the letter i received from the judge. What is the date of service??

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I have sent it via special delivery and fax which the court manager has confirmed she has received. I am led to believe that because in my case laike some the allocation questionare was dispensed with so they cannot ask for a stay. If they could i thought it had to be requested within 7 days of service which is stated in the letter i received from the judge. What is the date of service??

 

they can apply for a stay of judgement on the basis of this test case, but you've done the right thing... no guarantees, but if they don't get their paperwork in order pronto, judgement will be granted in your favour. Just got to wait and stress it out, see what happens:(

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I am really worried for peep's on here [and me] this is a VERY worrying time as the goal-posts have 'seemed' to have changed, although the law remains - as IS :)

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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they can apply for a stay of judgement on the basis of this test case, but you've done the right thing... no guarantees, but if they don't get their paperwork in order pronto, judgement will be granted in your favour. Just got to wait and stress it out, see what happens:(

If you are right and who am i to disagree Lloyds will have to be quick of the mark were my case is concerned. The test case i believe is tomorrow and my case is being put infront of the judge on Monday. Not enough time for them to post a request for a stay. What with being the weekend i think it will work in my favour. I really do hope the judge rules in my favour. I will not only angry but disgusted if Lloyds are granted a stay considering they failed to comply witht he Judges orders. He may be a bit miffed and rule for me anyway.

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I am really worried for peep's on here [and me] this is a VERY worrying time as the goal-posts have 'seemed' to have changed, although the law remains - as IS :)

 

basically, it's not so much the goal posts are being moved, it is that the real game is about to start.

 

Even as we speak, hundreds of soliciters and dozens of barristers are being hired.

 

Go Go the OFT!

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Terrible news, kicking myself as right now I feel as though I've 'missed the boat'. My LBA expires tomorrow but today received a letter that my complaint is on hold until 3rd September, and it's obvious why. WIth that response I can only wait.

I simply cannot bring myself to believe that the banks have voluntarily allowed this to occur unless it somehow favours them. Deals have been done and in time we'll find out the nature of them deals, but I think the party is over. :(

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My previous post seems to have got lost in the mayhem! I was actually trying to say that...we all knew the banks wouldn't take this lying down and we must all have expected them to come up with some devious plan lol! But before we all panic have you noticed the lack of input from the ones with the knowledge(apart from TOMTOM!) We are not screwed yet...as we speak the great ones of this site and Martin Lewis(bless him) are working hard to come up with WHAT THE HELL IS GOING ON! plan. So don't panic all is not lost yet..trust in the people who have helped us this far. :D

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What do you think will happen to people who are getting threatened with defaults just because they had the cheek to claim back their charges.

My son has a claim with the fos and suddenly after 5 years the bank is now asking for his overdraft back. They are also issuing him with a default if he does not pay his overdraft back. Our defence to the bank is that once he has won his claim he will pay back his overdraft, but obviously if the claim is halted by the fos he does not now have the money. Will the bank still go ahead and if so how can we challenge this.

Any one with any ideas.

 

Eileen

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Not much we can all do really.

 

OFT say they will try and get the guts of this sorted ASAP

 

"The OFT considers that a quick determination of this point of principle will assist in securing a clear orderly resolution of the fairness of these charges."

 

No bank in its right mind is going to put up with any court action now as they will just apply for a stay automatically. Any court will grant a stay automatically.

 

I dont think it matters which bank or what types of charges are being claimed the pending precedent will apply for all financial institutions.

 

I do not think the limitations act will come into force as long as you send a letter to bank disputing charges. Court action would not be neccersary as long as you could show a court you made a complaint that would suffice.

 

As an aside I think the companies who reclaim on a no win no fee basis are in trouble now.

Halifax - £2500

Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.

NatWest - Contactual Interest - Won:p

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I've heard all current offers are being honoured but no new offers made.

Hi

I have asked for judgement in my case as Lloyds tsb failed to file at court and serve me a counter claim by 4pm on the 23/7/07. The court manager told me that the judge is likely to rule in my favour on Monday when he is back in as i complied but Lloyds have not. I know there is now a lot of uncertainty but do you think i this test case will not effect me as i don't think Lloyds will be entitled to ask for stay due to non complance and i also don't think they have enough time to sort out any paperwork etc before Monday

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I'm currently at the LBA stage. Now having heard today that repayments are no longer going to be made by Nationwide, Barclays, Bank of Scotland, HBSC etc.. until the OFT have proceeded with their test case against the 6 major banking institutes, I am unsure where I stand with my claim. As it is credit cards I am claiming for and not a current a/c, and MBNA are not included amongst those who are battling it out with the OFT, is it worth me continuing my claim all the way, or should I put a halt on everything until the case has gone to court and a decision has finally been made?

If you have found this post helpful, don't forget to tip my scales

:wink:

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My previous post seems to have got lost in the mayhem! I was actually trying to say that...we all knew the banks wouldn't take this lying down and we must all have expected them to come up with some devious plan lol! But before we all panic have you noticed the lack of input from the ones with the knowledge(apart from TOMTOM!) We are not screwed yet...as we speak the great ones of this site and Martin Lewis(bless him) are working hard to come up with WHAT THE HELL IS GOING ON! plan. So don't panic all is not lost yet..trust in the people who have helped us this far. :D

 

We are not screwed at all, LOL. Calm down, everyone:)

 

I, for one, am going to be launching a F.O.S. complaint tomorrow... business as usual:) I expect a delay, but the actual law on our side is very, very strong.

 

And, the process is now very simple. Much more so than yesterday. Write a complaint letter, and if the OFT wins, get your money back.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Here's the timetable proposed by the OFT

 

1.5 The OFT and the Banks hereby agree on the following proposed timetable,

which all Parties will invite the Court to endorse:

 

(a) Each Bank to file and serve an Acknowledgement of Service within 7 days of service of the OFT’s Claim Form;

 

(b) Each Bank to provide the OFT, by 1 August 2007, with a copy of its personal

current account agreements and price lists in relation to the Relevant Terms

and Relevant Charges encompassed within the Proceedings pursuant to clause 1.3 above, together with:

 

(i) in relation to any historic Relevant Terms or Relevant Charges, a

statement of the dates on which such Relevant Terms or Charges

applied; and

 

(ii) in relation to any replacement Relevant Terms or Relevant Charges, a

statement of the date of such change;

 

© The OFT to serve one composite set of Particulars of Claim relating to the

Relevant Terms or Relevant Charges of each Bank by 31 August 2007;

 

(d) Each Bank (or, if considered appropriate, the Banks together) to serve a

Defence and Counterclaim by 28 September 2007;

 

(e) The OFT to serve a Reply and Defence to Counterclaim by 26 October 2007;

 

(f) The first Case Management Conference (CMC) to be held on the first

available date after service of the Defence and Counterclaim of the Banks; if

the Court permits, the date of the CMC will be arranged through the normal

channels as soon as the Claim Form has been issued;

 

(g) Directions to be sought at the first CMC to deal with the following matters

(unless dealt with earlier, if the Court should so decide):

 

(i) extent and/or timing of evidence by way of witness statements or

otherwise;

 

(ii) extent and/or timing of any disclosure;

 

(iii) listing of trial, including time estimate, with the Parties aiming for a

trial as soon as reasonably practicable;

 

(iv) if appropriate, intervention by any other banks desiring to join the

Proceedings;

(v) if unresolved, the stay of other proceedings in the Courts which raise

the Preliminary Issues and related issues.

 

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