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    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
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Which courts are carrying on????


adam1976brown
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Hi all,

 

I knew I would find it somewhere!! Had another look on the FSA website regarding the 'Test Case' and the start date of the case:

Taken from a section of the announcement.

 

 

Court 'test case'

This court case is being called a 'test case' because the decision will clarify the law on these charges. The court's decision is likely to apply to all existing and future claims against these charges. We believe this will deliver a fair outcome for consumers because, once the test case has established a clear basis for resolving these complaints, firms can deal with them in a fair and consistent way.

The test case is likely to start later this year, but not earlier than October. :rolleyes:

So WHY ARE THE COURTS STAYING NOW WHEN THE 'TEST CASE' HAS NOT EVEN STARTED????? :confused:

Can we use this as a condition to have the stays lifted, the courts are stating during the test case period, yet it has not started!!!!!!:mad:

Now there's an idea!! Any mods advice welcome and do you think it could work.???:cool:

stay fresh peeps

regards chris

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

 

Aldershot & Farnham County Court,

Bishop Auckland County Court,

Blackburn County Court, NEW CLAIMS BEING STAYED

Bow County Court,

Bristol County Court, NEW CLAIMS BEING STAYED

Bury County Court,

Caernarfon County Court,

Chichester County Court,

Croydon County Court,

Gloucestershire Family and Civil Courts,

Grantham County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Ipswich County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Liverpool Civil and Family Court,

Medway County Court,

Milton Keynes County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oxford Combined Court Centre,

Romford County Court,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

St.Helens County Court Merseyside

Stoke-on-Trent Combined Court,

Sunderland County Court,

Thanet County Court,

Warrington and Runcorn County Courts,

Watford County Court,

Wellingborough County Court,

Welshpool and Newton County Court,

West London County Court,

Weymouth and Dorchester Combined Court Centre,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

York County Court

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:

 

Altrincham County Court,

Ashford County Court,

Barnsley County Court,

Bournemouth County Court,

Brighton County Court,

Carlisle Combined Court Centre,

Chester County Court,

Hastings County Court,

Derby Combined Court Centre,

Mansfield County Court,

Morpeth and Berwick County Court,

Rotherham County Court,

Sheffield Laws Courts,

 

All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:

 

Birkenhead County Court,

Blackpool County Court,

Bolton Combined Court Centre,

Bradford County Court,

Canterbury Combined Court Centre,

Exeter Combined County Centre,

Gateshead County Court,

Halifax County Court,

Leicester County Court,

Luton County Court,

Maidstone Combined Court Centre,

Oldham County Court,

Peterborough Combined Court Centre,

Plymouth Combined Court,

Rugby County Court,

Southend County Court,

Taunton County Court,

Telford County Court,

Torquay and Newton Abbot County Court,

Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

Aberdare County Court,

Aberysthwyth County Court,

Accrington County Court,

Aylesbury County Court,

Banbury County Court,

Barnet Civil and Family Courts Centre,

Barnstaple County Court,

Barrow-in-Furness County Court,

Basildon Combined Court,

Basingstoke County Court,

Bath County Court,

Bedford County Court,

Birmingham Civil Justice Centre,

Blackwood County Court,

Bodmin County Court,

Boston County Court,

Brecon Law Courts,

Brentford County Court,

Bridgend Law Courts,

Bromley County Court,

Burnley Combined Court Centre,

Burton-upon-tweed County Court,

Bury St Edmonds County Court,

Buxton County Court,

Cambridge County Court,

Cardiff Civil Justice Centre,

Carmarthen County Court,

Central London County Court,

Chelmsford County Court,

Cheltenham County Court,

Chesterfield County Court,

Chorley County Court,

Clerkenwell and Shoreditch County Court,

Colchester County Court,

Consett County Court,

Conwy and Colwyn County Court,

Coventry Combined Court Centre,

Crewe County Court,

Croyden County Court,

Darlington County Court,

Dartford County Court,

Dewsbury County Court,

Doncaster County Court,

Dudley County Court,

Durham County Court,

Eastbourne County Court,

Edmonton County Court,

Epsom County Court,

Evesham County Court,

Gravesend County Court,

Great Grimsby Combined Court Centre,

Harlow County Court,

Harrogate County Court,

Hartlepool County Court,

Haverfordwest County Court,

Haywards Heath County Court,

Hereford County Court,

High Wycombe County Court,

Horsham County Court,

Huddersfield County Court,

Huntingdon County Court,

Ilford County Court,

Keighley County Court,

Kendall County Court,

Kidderminster County Court,

Kings Lynne County Court,

Kingston-upon-Thames County Court,

Lambeth County Court,

Leigh County Court,

Lewes Combined Court Centre,

Lincoln County Court,

Llanelli County Court,

Llangefni County Court,

Lowestoft County Court,

Ludlow County Court,

Macclesfield County Court,

Manchester County Court (Crown Square)

Manchester County Court (Deansgate)

Melton Moybray County Court,

Merthyr Tydfil Combined Court Centre,

Middlesbrough County Court,

Mold County Court,

Neath and Port Talbot County Court,

Nelson County Court,

Newark County Court,

Newbury County Court,

Newport (Gwent) County Court,

Newport (Isle of Wight) County Court,

Northwich Magistrates and County Court,

Nuneaton County Court,

Oswestry County Court,

Penrith County Court,

Penzance County Court,

Pontefract County Court,

Pontypool County Court,

Pontypridd County Court,

Poole County Court,

Portsmouth Combined Court Centre,

Preston Combined Court Centre,

Rawenstall County Court,

Reading County Court,

Redditch County Court,

Reigate County Court,

Rhyl County Court,

Salisbury Crown and County Court,

Shrewsbury County Court,

Skegness County Court,

Skipton County Court,

South Sheilds County Court,

Southampton Combined Court Centre,

Southend County Court,

Southport County Court,

Southwark County Court,

St Albans County Court,

Stafford Combined Court Centre,

Staines County Court,

Stockport County Court,

Stourbridge County Court,

Stratford-upon-Avon County Court,

Swansea Civil Justice Centre,

Swindon Combined Court,

Tameside County Court,

Tamworth County Court,

Teesside Combined Court Centre,

Trowbridge County Court,

Truro County Court,

Tunbridge Wells County Court,

Uxbridge County Court,

Wakefield County Court,

Walsall Hearing Centre - County Court,

Wandsworth County Court,

Warwick Combined Court Centre,

Whitehaven County Court,

Wigan County Court,

Willesden County Court,

Wolverhampton Combined Court Centre,

Workshop County Court,

Worthing County Court,

Yeovil County Court,

 

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT HOW TO APPLY TO HAVE STAY SET ASIDE

:madgrin:

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1.6 The OFT recognises the desirability of achieving a fair and orderly resolution of the relevant issues and will not object to any request or application for a stay of other court proceedings between the Banks and their customers concerning the Relevant Terms and/or Relevant Charges.

 

From the official notice re the Test Case.

 

So there you have it - handed to the banks on a golden plate.:mad:

 

It also goes on about appeals, but I couldn't get my head round it all. :o

 

It's a pdf document here if you want to have a read (apologies if you already have) :

 

http://oft.gov.uk/shared_oft/press_release_attachments/bankagreement.pdf

 

Mad just doesn't cover it!

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

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Having read through it, you would be forgivento think it had actually been written by the banks, just shows how consumers are never given fair oportunity

:madgrin:

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Just found out from West London County Court that Abbey has applied for stay on my claim. The guy on the phone stressed that it would not automatically be granted (think we all know what that means though:evil:)

 

He said to be prepared to come to the hearing on Friday but I can call back after 4.00 today to see if the stay has been granted. Shall I bother wasting a phone call and ten minutes of my time?????

 

Do we already know the answer??????? :evil:

 

MOB

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Just spoke to Nottingham County Court to get a progress update on my claim. Basically Abbey have acknowledged service and now have 14 days to file a defence. Here's the relevant bit - the lady I spoke to said that once the defence had been submitted by Abbey the claim would be stayed as Nottingham are beginning to stay all claims from now onwards.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Hi Icy glad you took the list over I get to busy on the helpdesk here to update it regularily.

 

So we are looking at Jan 14th the case should be finished by January 23rd and then 28 days more for the ruling so February 20th 2008 is D-day on the claims ruling!

 

If they rule against us can we organise a appeal to the higher courts!?, dont know about you guys but I will have been doing my claim since February 2007 and it will be a year by then so wont want to give up!

 

Heres a fun game to play whilst you pass the time waiting for the OFT and Banks to pull there finger out why not add up your charge interest to February 20th 2008 and also start looking into cost e.g. wasted time, hours put in on the case Kerching!

 

Also you should all remember to still get those bundles in!

 

Cheers everyone Leecabs:)

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ITS OFFICIAL:

GUILDFORD CC ARE STAYING ALL CLAIMS!!!!!!!

Just called them 2 get latest on my case and she wouldnt even tell me if Shabbey had complied with judges orders...... just said Judge Dread sorry Reid had stayed all claims til test case is over!!!! :evil:

sorry 2 be the bearer of bad news!!!

Bonnie :( :( :(

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The stay was granted at West London CC.

 

I've had enough now, think I shall give it a rest until the High Court Case begins then get myself all fired up again.......

 

 

 

 

*has little lie down*

 

 

*changes mind, goes to the pub :p)*

 

xx

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Hi Madoldbat... I'm also mad now too! Can't believe they are allowed to do that 2 days before the court date. Bet Abbey didn't send you their bundle either did they... Would it be worth asking for judgement in your favour because of this.. I'm going to call them tmr and find out if mine has also as surely the judge can't do this without giving us a chance to reject their request?

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Hi leecabs,

Don't know if you've noticed but I keep dropping this subtle hint everytime I post and have for a few days now::p

 

Oh mr bank manager KKKKKKKKKKKERRRRRRRRRRRCHINNNNNNNNNNGGGGGGG thats another £1.26 daily interest earned. lol.:D :D

 

stay fresh peeps

 

regards

chris

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