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    • no don't call them. you say they DONT mention at all the other times of usage? usually it will say byelaw bla bla  and in the statement say and XXX other times counted to [no.] being TIC if you plead guity and attend which you MUST do
    • Thank you for clearing that up BazzaS.   I am under the assumption that the other offences are TIC given the fact that I admitted the period of use (5 months) in my first letter which gave my explanation of events. In response to my first letter, they decided to prosecute me for the single offence (under the byelaws).    I will call them to double check on this though.     
    • Thank you for your help. I do understand and I can see how it looks to tax credits however they aren’t telling me exactly what evidence they have. When I called them last week (haven’t spoke to the compliance team since) he said there is strong evidence but didn’t say what and then asked me what doctors he uses? I said I have no idea as I don’t.   do you think I should contact them again and explain everything again and also about the universal credit claim and what they advised? Just feel I’m gonna be in the wrong no matter what I do now as it’s either do a joint claim but he ain’t here in that capacity or do a single claim but risk it being investigated again due to him using this address.
    • How much (practical, not just academic) criminal law did your two law degrees cover?   In this context, TIC : “taken into consideration”.   If they ask about the others and you admit them and ask for them to be taken into consideration, then they can’t come after you for them later, they will be disposed of at the time the specimen charge is heard.   If they don’t ask about them and you offer them, they might offer to have them TIC, or it might persuade them not to offer an administrative settlement. There is a theoretical downside to not coughing to them, though.   If TfL prosecute you for one offence and don’t ask about any TIC, then you only get prosecuted for that one. There is then the theoretical risk they could come after you (within 6 months of the offence) for any other offences committed, if they discover them. If they are TIC you are protected from this.
    • They are charging me for one use essentially i.e. being in a compulsory ticket area without a ticket. What do you mean by TIC?
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Did a quick search, but nothing returned, maybe will take a few days, I will certainly look again.

It has a drop down menu for what type of case it was, I was tempted by several options...fraud, robbery, theft LOL ! :-)

Unfortunately I don't believe all cases are put on the database, as it says on the website:

 

Not all cases which come before the Sheriff Courts will be reported on this site. Only where there is a significant point of law or particular public interest will the details be published.

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Quote:

Not all cases which come before the Sheriff Courts will be reported on this site. Only where there is a significant point of law or particular public interest will the details be published.

 

 

...but our cases are of 'particular public interest' don't you think ? :-)


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Quote:

 

...but our cases are of 'particular public interest' don't you think ? :-)

 

totally!!

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lightbulb moment. I was wondering about the significance of the Judges question had I cashed the cheque, and I replied the monies were paid direct into my account. By paying straight into my account I realise the Bank could argue I had accepted the settlement. If it had been a cheque I would have had the option not to cash it if I disputed the amount.

What do you think? In future cases should we request payment by cheque?


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Hi and firstly congrats on your first result. I notice that your second action is for over £2000 are you sending your prelim letter for the full amount then splitting it down later if or when court action becomes necessary?


Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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lightbulb moment. I was wondering about the significance of the Judges question had I cashed the cheque, and I replied the monies were paid direct into my account. By paying straight into my account I realise the Bank could argue I had accepted the settlement. If it had been a cheque I would have had the option not to cash it if I disputed the amount.

What do you think? In future cases should we request payment by cheque?

 

fruitycar, the point I meant was that simply because they paid it straight into your account meant you couldn't accept or decline, basically if they want to put £xxx into your account you haven't accepted nothing (until you spend it I guess). If you havent spent it then as far as anyone could be concerned how could you possibly have accepted it???.

 

If, on the other hand, they had sent a cheque and you had deposited it to your account, this would be different!!.

 

Cheers

Marko

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I am not sure that even spending it would be an admision of accepting the offer. How could they prove that you knew the money was from them? I am sure I read somewhere on here that a judge rulled that you are not obliged to watch your statements so therefore presumably you wouldnt neccesarily know they had credited your account?


Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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How could they prove that you knew the money was from them?

 

it just appears on my statement as 'cash'.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Yeah but that assumes you check your statements which i dont think your are obliged to do?


Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guess it wouldn't be worth the risk trying to argue that point in court as they would probably think it "reasonable" you should know that £xxx appearing in your account isn't Santa come early!.

 

Swings and roundabouts on both sides of the coin I think, although the fact is if you have spent some or all of the money or just even withdrawn it, then they will be quick to note that and will no doubt take great pleasure in letting the judge know this if you did decide to go back and challenge them about the 8%.

 

The only way out of that I reckon could be to say that you were expecting a deposit from somewhere else and you thought that was it, though this could just open up another can of worms so to speak!.

 

End of the day fruitycar, I guess you have to decide whether you can take the court on in their decision which is a tall order to be honest, though if you can possibly quote other similar cases which have went to court and successfully won their case with 8% interest (although I don't know of many which have actually went to court!) then this may be enough to convince a judge to rule in favour of you - unless of course you get the same judge as last time :???: :???: :???:

 

Cheers

Marko

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Hi folks,

 

I'm confused. When a bank owes us over £750 are we doomed to lose out ebcause our small courts (in Scotland) don't allow us to pursue larger sums in such courts? Can we break teh claim down into separate claims for 1)returned DD charges; 2)unpaid SOs charges; 3)fines for goign over agreed overdraft etc? Sure it would take longer but can it be done to enable us to recoup all our losses?

 

I definitely want to reclaim such charges btu do we reclaim all such penalty charges or just the unfair part (over £12 as OFT has suggested that sum is fair)?

 

Having great difficulty here following instructions and finding my way around the forums.

 

Unfortunately, you're dealign with a dyslexic.


Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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Hello vital, don't forget you have the option of doing a summary cause, upto £1500? What you have suggested would be okay, but would take longer.


06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Oops! What exactly is a "summary cause"?

 

I understand that breakign the claims up would take longer unless they could maybe be "run" at the same time but surely it would be worth taking that time (having waited 6 years already it's all relative isn't it?) to get every penny back from the banks.

 

If the courts don't allow us the same redress as it does customers in England, maybe we can pursue the judicial system for racial discrimination. LOL!

 

Only kidding.

 

So what if the calculated charges owed add up to over £1,500, as they may well do, and we don't break it down into separate claims? Does the bank keep the difference?


Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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you can break them down, and yes it does take longer.

 

Other options include bringing the case in England, as most of the banks HQs are actually there. This means though that if it goes to court you have to attend in England.

 

Summary cause is similar - I don;t know, but read this site and you will find it. In fact you'll find these have been covered many many times before.

 

Check out the FAQs, and the Scotland section.

 

http://www.consumeractiongroup.co.uk/forum/scotland/

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

Above all, read, and ye shall find the answers ye seek


BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Thank you Giveitback, I will preuse the site you give at some point when my head is clearer. I wouldn't understand a word it said tonight. Need a good sleep first.

 

I'm exhausted. Had no more than a couple of broken hours sleep per night for last fthree weeks or so.

 

I think these matters are best attended to when the mind is clear.

 

Thanks to yourself, Caro, Mairi and Martin, I am feeling more confident and positive this evening. You really are truly good, generous people and I hope you all know that your help and time really is so much appreciated.

 

I'm sure I speak for many when I type in the above acknowledgement.


Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4634 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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