Dee V GE Money/First National

[Guest deep]

Hi all hope somebody can help

 

Just recieved response from First National / GE Money to LBA for £380 claim and query on account.

 

"Due to the length of time since the account was closed I am unable to determine the reason for the query registered on the account, I have therefore removed the query from the credit file records" Does this mean they have updated Credit Reference Agencies Files?

 

" As per my previous letter I am unable to agree to any refund of fees applied to the account" Previous letter stated blah blah - "As the OFT ruling did not include loan products, unfortunately these fees are valid and will not be removed." Next stage would be to file at court, However as I find it difficult to get to my court I have previously used MCOL but now MCOL are staying all cases defended, for all penalty charges not just bank accounts. Is it worth me going to my local court to file or is likely it will be stayed as well when defended. Unsettled to continue now as most courts staying awaiting result of test case. This seems really unfair for credit card and other loan cases when OFT case is only Banks, what are your thoughts please.

and advice

Kindest regards

 

 

Dee

Dee

[Guest deep]

bumpity bumpity bump, boiiiiing please

 

Regards

 

Dee

[Chris_w]

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

 

have a look here if your court is staying claims or carrying on as normal

[Chris_w]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

also look at this

 

I thik you should go ahead with your claim se the N1 and stick to any court instructions and timescales

[Chris_w]

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/107582-oft-test-case-what.html

 

if you are still worried about filing read this also

[Guest deep]

Thanks Chris

 

My court is Teesside Combined Court and as yet is untested for stays.

 

So I am lobbing one in on Tuesday to test the water.

 

Kindest regards

 

Dee

[Chris_w]

good luck i'm sure you will get the result you want

 

best regards

 

chris

[Guest deep]

Will update post, particularly for interest of Teesside Court

 

Thankyou

 

Kindest regards

 

Dee

[Guest deep]

Hi

 

Going to do N1 Form tonight.

 

What POC do I use for N1 claim (Cant find one in library for loan company)and is it an updated one after the OFT test case.

 

Hope someone can come along and advise please.

 

Kindest regards

 

Dee

[Chris_w]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

you could use this and just alter it to show that it was a credit agreement. Also you could use some parts of the new POC's that you feel are relevant, then just post it on here if you require some more help.

[Guest deep]

Hi all

 

Unfortunately did not put N1 in last week as I didnt have funds until end of month.

 

I have tried to do my POC so it is evidently clear it is for A CC Claim.

 

Can any one advise me of the wording to use for "Brief details of claim" section so that it is apparant it is a CC Claim.

 

As yet it is not know if my court - Teeside combined court are staying claims. Does this mean that if it accepted by them when I take it in, will they let me know there and then if it will be stayed, and if not if I pay my fee can the court then order a stay at a later day.

 

Any advise appreciated

 

Kindest regards

 

 

Dee

[Chris_w]

Money claim for return of penalty charges applied to the Claimants CC account by the Defendant

 

 

Keep it simple Deep try this as your POC should spell out the rest

 

As for stays the court I'm not sure, but you could always ask at the court what there stance is. They should have an idea what the DG's are doing

[Guest deep]

Hi

 

 

2 letters received from court

 

 

1. Notice of Issue deemed to be served by 16th Sept

 

2. Acknowledgement of service has been filed. Defendant has 28 days from date of service o file a defence. Attached with Acknowledgement of Service by First National that they intend to defend all of this claim. Both dated 13th September.

 

I haven,t done a Loan claim before only Current account and CC. Both settled as soon as I filed at court.

 

Is their a link for a court bundle for loans?

 

Do I need to prepare this now.?

 

What will happen now?

 

Any help appreciated.

 

 

Kindest regards

 

Dee

[Guest deep]

Bumipity bumpity boooooing, please

 

 

Regards

 

Dee

[Guest deep]

Anybody there?

 

Anybody there? (Think that was an echo)

 

Seriously can anybody advise as post above.

 

 

Kindest regards

 

 

Dee

[Chris_w]

Hi Dee I Have had a good look around and can;t find anything specific for loans. However I did find this, I think it will do the job. The legal argument is the same you just need to change any reference to a bank account and show it as a credit/loan agreement then include all the other relevant evidance to support your argument. I hope this helps.

 

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-

library/111522-advanced-court-bundle.html

[Guest deep]

Thanks Chris

 

Do I need to prepare my bundle now?

 

Kindest regards

Dee

[Chris_w]

Prepare it but don't print it until you are instructed to provide it. It will cost a fortune in ink etc. there is still a chance they will settle;)

[Guest deep]

Hi Chris

 

Thanks for your reply, was starting to feel a bit lonely in this forum.

 

If I get stuck with bundle can I shout for you please.

 

I have never got to court bundle stage before as my other claims have always been settled as soon as I started claim. This was before the OFT test case though.

 

What should I expect to happen now?

 

 

Any advice greatly appreciated.

 

Kindest regards

 

Dee

[Chris_w]

Hi Dee

 

From what I have read you will be instructed to supply copies of your bundle. You take two to court IE yours and the courts then you post one to the defendants sols. Their sols should do the same, so you should get a copy of their bundle. the bundles should contain everything that you and them will rely on in court.

 

You should Write to their sols while you are waiting for a court date and try and get them to settle, this is done to show the court that you have tryed everything to settle out of court and not waste the courts time. This will add some weight to your argument.

 

Keep a close eye on dates and court directions, If they don't keep to the courts timescales write to the court and try and get the defence set aside.

 

You can always give me a shout and i'll do my best to help:)

[Chris_w]

Have a read of this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Chris_w]

Have a good read throughv some of these

 

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/

[Guest deep]

Thanks Chris

 

think I am getting a bit confused.

 

First National Acknowledged with intention to defend claim on 13th September 2007. they have 28 days to file defence. Which will take up to 11th October. I haven,t heard anything at all as yet. How long will I have to prepare my court bundle when they do file there defence.

 

Kindest regards

 

 

Dee

[Chris_w]

I think it's two weeks but I have read people getting caught out and only having a weekend to rush one together. So I suggest you get it ready, read it, read it again, and learn it.

[Parkvale]

You have loads of time. They have to file their defence. The court will advise you that they have submitted their defence. and advise you of the next stage. They will give you plenty of time. You can always ring the court to ask their advice. Good luck.