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    • Do I send the solicitor a CPR 31.14 form  Or just a letter saying the limited company does not exist so no one to sue
    • are we getting there now .thks DEFENCE  The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. the claimant replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made   on 19/11/2018 the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated  1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details  and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 2-the  Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or  money in advance  3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is the claiment has yet to  produced a copy of any legal assignment of this debt 4 It is therefore  not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has reached the amount claimed for  b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
    • There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source.    An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
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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 4637 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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