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    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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FSA To Review Waiver


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I for one will spread the word around and the Letters.

 

Lets show them we are of ONE VOICE and we will be HEARD

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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We could actually do to get some buy-in from some of the 'higher-ups' on this site first - Money, could you use your influence? ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Remeber its not just the internet we can use to spread the message, I have been printing off a few leaflets I put together and dropping them on the counters in my bank putting them up in the local library and leaving them near cash machines.

 

reclaim.jpg

  • Haha 1

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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Hi, I just sent a message to my MP online at WriteToThem.com - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free, I slightly edited the letter again (see below).

 

Cheers

JP

 

Dear Mark Hendrick

 

I am one of your constituents living in Preston. I am writing to highlight the recent (and in my view unjust) arrangement between the OFT, FSA and UK retail banking industry to freeze out further overcharging complaints, whilst a test case is being brought; yet continue to allow the banks to carry on levying their exorbitant penalty charges on customers.

 

The FSA has also allowed the banks to apply for a stay in all court proceedings of this nature until the case has finished. The Banks are now to apply to the Master of Rolls to issue a blanket stay on all court hearings.

 

This will mean that any active claims against banks will be put on hold and will not be processed for what could take several years, if any cases or appeals are indeed to be allowed.

This is an unjust situation for customers, including many of your constituents, who are in the process of reclaiming charges.

 

I, and other people, making similar, claims were not easily able to afford the court fees required to take our claims to the next step and have had to save every spare penny to raise the £120.00 needed so we could take the bank to court. In some cases where the claim was over £5000.00 people have had to stump up £250.00, something that was extremely difficult them, especially considering it was the high cost of these charges that have put them in this position in the first place.

 

I am aware that some have even taken out short-term loans in order to be in a position to take the bank to court. They are now left with no claim, no compensation and are hundreds of pounds out of pocket. Although there may be a slim chance of them being able to recoup some of the court costs, they should be

allowed to continue with their claim and get their charges back, like the thousands of others who have had already had their cases settled.

 

To allow the banks to still charge and not allow the consumer the right to reclaim is contrary to everything the FSA, the OFT and the FOS were set up to do.

The mission statement of The OFT web site states:

  • The OFT is responsible for making markets work well for consumers.
  • We achieve this by promoting and protecting consumer interests
  • Throughout the UK, while ensuring that businesses are fair and competitive

The FSA website states:

  • We have a wide range of rule-making, investigatory and enforcement powers to enable us to meet four statutory objectives summarised as one overall aim: to promote efficient, orderly and fair markets and to help retail consumers achieve a fair deal.

l

 

The FOS Website states:

  • So when we look at a complaint, we give both sides a fair hearing.

One word that appears in all of their statements is fair. Yet their behaviour shows little fairness to the consumer.

 

I'm sure you will agree that these words begin to ring a little hollow when we look at the deal that was reached, behind closed doors and without consultation with any of the organisations representing the millions of consumers affected.

 

It is also arguable that this action could also interfere with rights under the EHCR directly, and as enacted in the Human Rights Act 1998.

 

Art.6 1 of the Convention states: “In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”

In my view, it is unreasonable to allow an indeterminate stay that depends on unconnected litigation to the immediate case, between other parties who have no relation to the parties in the immediate case.

 

I understand that there is to be a review two months into the process; the FSA have already accused the banks of lying and deception for the way

they are communicating with customers with bank charges complaints, please see

this article from The Times from 27/07/07 at the following www address

http://business.timesonline.co.uk/tol/business/money/consumer_affairs/article2153695.ece

I sincerely hope that you will do whatever is within the powers of your office to help us in persuading the FSA to amend this unfair and biased agreement so that the consumer can be allowed to continue to fight for what is rightfully theirs.

Yours sincerely,

 

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Excellent stuff kog!

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Guys/Gals

 

It's great that you're posting these letters to MPs and the regulators - but now we effectively have templates for this in te thread, could I suggest that people refrain from quoting the whole letter in their posts, please? It makes the threads over-long and harder to navigate (and therefore read) for others - thanks!

 

Mac :D

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Good point Macboy, but I for example have edited the letter so that it is from a different point of view, which may apply to some people and gives another option.

 

I agree that if it is exactly the same that it should not be posted over and over :)

 

JP

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Thanks Mac - I like to do my bit

 

If anyone has any ideas I could use to create a leaflet, then lets hear them.

 

What we need is a something easily distributed on the net and off the net with a message thats to the point and eye catching.

 

Chain letters are a great method for getting a message sent out, chain email would be great, send it to friends asking them to send it on to their friends and so on and so on

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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from what I can see jjppcc, you've edited it to personal taste, not to provide an option (people will choose to mention whether they can/can't afford the court fees for themselves) - which is fine, but I think we have enough samples on the thread now. ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Share on other sites

No Objections to the letter so i'll find the addresses to the fsa and oft and post it up here. People power xx

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kog

 

I think what you've done is great already - the only thing I would change would be to make a more specific statement by including CAG and MSE URLs, as opposed to suggesting a Google search; which could in my view lead some people into the arms of the 'no-win-no-fee' ambulance-chasers, who pay to advertise on Google and other search engines.

 

If you need any help with putting it into a distributable format let me know - I'm able to convert most filetypes into PDF format, which is a great way of distributing stuff like this!

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I was going to do that but wasn't sure if it might upset someone on CAG. But my next batch will include CAG.

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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OFT

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

 

FSA

The Financial Services Authority

25 The North Colonnade

Canary Wharf

London

E14 5HS

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kog/All

 

Have PM'ed a Moderator with regard to mentioning the CAG URL on kog's leaflet; and also to consider providing a sticky in which to store it and the letter template(s). I'll keep you posted.

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Remeber its not just the internet we can use to spread the message, I have been printing off a few leaflets I put together and dropping them on the counters in my bank putting them up in the local library and leaving them near cash machines.

 

reclaim.jpg

 

 

wpush them under the banks doors when they are closed on sundays, fax them to the bankx also

TOTALLY debt free as of 2007, Fantastic,

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push them under the banks doors when they are closed on sundays, fax them to the banks also

 

Not sure if that's going to achieve too much, BBMan? They'll only bin them before they open - the bank staff are merely doing the bidding of their fat-cat bosses, they dont make the rules.

 

I think the best way is for people to put them in shops, libraries, post offices etc., where they have permission. Even consider (now that we seem to finally be getting a little bit of a summer!) doing a little leafleting of our own neighbourhoods? :D

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

I will print some of the leaflets off - thanks Kog it's a brilliant idea.

 

I don't get why there is only a few of us on this thread :confused: I will start emailing message boards that I belong to and my contact addresses.

 

I will hit the libraries, Dr's waiting rooms etc.

Have you heard from the mods yet Mac, would be great if we could have the CAG link on the leaflet.

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They have acted wilfully and contemptuously towards me and dressed it up as incompetence. :mad:

 

Doesn't is say something about how the banks are regulated when they actually dress things UP as incompetence.

 

How Angela Knight can argue against proper regulation of this industry I do not know - she clearly must get very little sleep at night.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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BTW: Typo in the last paragraph on the flyer.

 

Also, did you draw the cartoon yourself?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I didn't draw the cartoon, but it could easily be removed with a click of a button.

 

It would be nice to have something similar in its place, I will try and produce something similar myself.

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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Jenny,

sorry for the late reply, I'm only on this PC from 9-5 ( works) Your letter looks great, thanks for your help.

Kog, whilst your leaflet looks great and you have some great ideas. I was thinking more along ther lines of getting the FSA ruling overturned. Thousands of people are aware of the charges but we need to get this ruling by the FSA overturned. That is what the letters to the MP/FSA/Financial services consumer panel are all about. Could you design a leaflet asking people to send a letter to the above to get this ruling overturned?

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Originally Posted by MacBoy

They have acted wilfully and contemptuously towards me and dressed it up as incompetence.

Doesn't is say something about how the banks are regulated when they actually dress things UP as incompetence.

 

It speaks volumes, Dave!

 

Moneyhelp - I'll let you know if I receive anything from the Mod I PM'ed - or perhaps the appearance of Dave is as a result of that? :D

 

On the question of the cartoon - I really like the idea of the higwayman cartoon - extremely eyecatching and effective. Even if there are likely to be potential issues wtih copyright with this image, surely we have a cartoonist among our number who could draw something along similar 'Highwayaman' lines?

 

I'd be more than happy to then take the image and kog's text and put it into DTP to get something professional made up.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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