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Showing content with the highest reputation on 15/12/06 in all areas

  1. Due to the stubborn arrogance of our friends at Sechiari, Lloyds still owe me £100. Two charges that were imposed since the issue of my last claim that they would'nt include in the last settlement, plus a charge from 2004 that I somehow missed and left out of the previous claim. Am I going to let them get away with keeping so much as a penny of my money? Er.... NO! Sending prelim to Martin Orton today along with this, which I just HAD to get out of my system! AHHHHHHH......... Thats better! Don't get me wrong, I'm not naive or arrogant enough to think that one half decent letter will do anything to change their policy, but
    1 point
  2. Hi folks, just thought I'd let you all know that I claimed against LTSB via Moneyclaim Online in England for total amount of £4700. I have just rec'd offer of full settlement today. I live in Edinburgh and thought I'd claim through the English courts as the small claim limit there is £5000. Claiming a number of times (£750 a time) through the Scottish courts didn't appeal to me. I hired an English address for correspondence (mail boxes etc) but still put my home address on the claim form, you can do this as long and you put your English address in the correspondence address section. It is a rule that all claimants must have and English
    1 point
  3. Hello People Thank you all for the information that is held on this website. I promise that from my first thread that I will pay this site a donation once I have kicked GE Capitals A55! I might as well tell you the story from start to finish so you know where I am at. In a galaxy far far away............. (music.....derr derr....) In April 2006 we were quite happily living our lives from one day to the next. But at the end of April our Landlord decided he wanted us out by the end of May 2006 because he was selling up (I now know he was in breach of our tenancy agreement but that is by the by). Not only that my job was bein
    1 point
  4. Cheers Steve, i skipped the kettle and settled for a beer I will keep people updated with my progress, but already expecting it to go to court as to not get my hopes up for an easy settlement. Are you with HSBC yourself? I see you havent had your payment as yet.
    1 point
  5. Hi, Unfortunately, you are unable to save a hardcopy of a completed N1 claim form (not for want of trying!!!), the hmcs site just doesn't let you. Although I knew exactly what amounts I wished to be refunded, I chose to follow someones advise, and leave the amounts claimed boxes on the N1 form blank and simply filled in the following information in the Value section of the form: Claimant does not expect claim to exceed £5000. Charges: £xxxxxx Interest on charges: £xxxx County Courts Section 69: £xxxxxx PAYMENT IS TO BE MADE BY CHEQUE I've then entered the amounts relating to my claim (as per my schedule of charges) in
    1 point
  6. Hi, Right first things first - sit down, take a deep breath and put the kettle on - you have NOT messed up . . . The fact that you have sent you first letter in this was is really inmaterial . . allow them 14 days to respond (which is usally doybtful) and then send your second LBA (Letter Before Action) recorded delivery and again allow 14 days for a response !! here's a link to the 2nd letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html As far as the address, sending to your local branch is absolutely fine, they will only forward to the correct office anyway - however to sp
    1 point
  7. Really well done Beninnes. Have replied to your PM.
    1 point
  8. Hmmm, DLC did exactly what Maxibon said. I told them I was sending in details and they gave me a week or so to do so....... They've started phoning again now though. Even after receiving my letters/mails not to phone. They also have made various threats of legal action while not owning the debt. I pointed out this was impossible so they said they would send someone round. I said fine but I have a video camera to film them. Bit disappointed they haven't turned up.
    1 point
  9. would just like to add that if you are claiming a large amount it may be better to split it into summary cause of which the upper limit is 1500 it saves time for you and for the courts. this is the route i have gone down successfully so far. it is quite straight forward and much the same as claiming through small claims except you have a small risk of if you lose and the judge was in a particularly bad mood he could allocate cost to the other side of up to £750. however i have been assured on several occasions by my local court that a judge would not "normally" do this to a lay person (someone representing themselves).
    1 point
  10. Hi, Muggins It's 28 days from when it was DEEMED served, which would probably be 18 November - your court papers will tell you. So that's 16 December - tomorrow, in fact! Tehy will be late but it will be worth calling the Court to find if they have filed a defence probably on Wednesday. Westy
    1 point
  11. You'll get a letter from the court at each stage of the claim, I thin I rec'd about 5 in total. As I said, LTSB Solicitors sent claim direct to me but even then I think I only rec'd 2 letters from them. Def try and get your sister to help you out. It is only an address for correspondence to be served, nothing more.
    1 point
  12. Not necessary in the court or bank copies of your bundles
    1 point
  13. What did their email say to you, after you had ordered the item? The wording is quite important. If it was just "we have received your order", simply an acknowledgement, then they can argue that they have not accepted your offer to purchase the televisions and no contract is in place. If this is the case, there's absolutely nothing you can do (Most retailers are pretty hot on this now, after the Kodak camera case a few years ago where Kodak got the price wrong and labelled digital cameras at £100 rather than £329 - they ended up settling all orders). If they took your money and confirmed your order, then there is an arg
    1 point
  14. Correct, UNLESS in your contract with the original service provider there is a clause stipulating that they can charge collection fees if the debt is passed onto a collection agency. In this instance you will still be able to claim them back but on a slightly different point of law, basically the same one that applies to bank charges (the amount must be a reasonable reflection of their actual costs in collecting the debt, and if not the whole charge is unenforceable). If there is no such clause, then your argument is simply that you have no contract with them that allows them to impose any charges whatsoever, thus the charges are unlawf
    1 point
  15. Hi and welcome to the site, Firstly, well done on your A levels. You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how stupid they
    1 point
  16. Yep, thats the one - the Birmingham Colmore Row address
    1 point
  17. I take it that you sent the request to your branch, did you send it recorded delivery? If you did start the 40 day timescale from the day it was delivered, you can go onto the Royal Mail Website to find out when and where. Has the cheque been cashed yet? If it has then start then start the 40 day timescale from when it was cashed. In either case write to the Data Controller at lloyds TSB, you can get the address from the Information Commissioner website, telling them that the clock is ticking and that you will report them to the Information Commissioner for not complying with your SAR. That woman is really talking a load of b******s
    1 point
  18. If alec trencher is your real name then you need a user name that does not give away your real identity. (We know that the banks do read these threads). Send me a PM (private message) telling me your new usename and I will get it changed over for you. Regards, Rooster.
    1 point
  19. Bob have a look at this. Thanks to my collegues for their support with this. 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
    1 point
  20. Hi PP Your best replying to there offer by post (recorded). Something along these lines should do it They will then do one of two things 1) Recind their offer of £750 2) Give you the £750 and you then pursue them for the rest You can also keep adding charges to your claim right up until you file in court. Once you've filed your claim you have to pay to amend it (£35 i think) skb
    1 point
  21. very!! also there is a harassment letter in the templates section asking them not to contact you and that you will only deal with them in writing. Try that one as well, you should then be left alone (we hope)!
    1 point
  22. Something along the lines of: skb
    1 point
  23. IMHO if you are going to enter and estimated amount you should enter a claim on the N1 (if it gets that far) for non compliance with the DPA for the missing statements. Also there should be and simple statement that upon producing of the relevant data you will amend the claim accordingly. JMHO Glenn
    1 point
  24. Hi Nicky I don't want to build your hopes up but I think it's unlikely you will have to wait that long. They don't want (and almost certainly won't) to go to court but they will push you as hard as they can to see if you'll bottle it. Natwest and Cobbetts are notorious for using every delaying and intimidation tactic in the book so just stick with it. Paul
    1 point
  25. rakibear, read here: Step-By-Step Instructions start with step 5, what happens after you send you lba. the mcol is very easy to follow. as long as you have sent the prelim, and lba with 14 days between, you are ready for step 5 and onwards. do, send a letter as it says in step 5 c. you can revise your breakdown up to this point (before you actually claim) but after that, it would cost. so add the further charge on, with a polite paragraph in your rejection of settlement letter. have you considered what i said about putting all three together - or does that not work out? my instincts tell me you are trying to move too fast
    1 point
  26. i had 2 months missing and continued my claim whilst still trying to get the missing statements. they turned up just before i did my n1 form. work out the average then enter that figure as estimated. if you want reworded forms to include estimated amounts pm me and ill forward a mail from someone who passed it on to me
    1 point
  27. Hi Rach. Don't be nervous.....Be elated. You've got the upper hand over the bank at last. The bank won't take you to court....You're taking THEM. Provided your claim is less than £5000 (£750 in Scotland) then it will be allocated to the small claims court, which means that you basically pay your own costs. Incidentally, when you win, you can add the court costs to your claim. Good luck with your claim. Regards, Rooster.
    1 point
  28. OK, but make sure you get a reciept. good luck and remember they are just bullies. Try and get a good nights sleep.
    1 point
  29. Hi, Don't worry, there are lots of people on this site who will be able to help you sort this mess out and you may even come out in profit. For the moment, DO NOT ADMIT TO OWING ANY MONEY ON THE ACCOUNT THE DEBT COLLECTION AGENCY IS TRYING TO COLLECT. It is likely that they are giving it one final hard push because it is approaching the 6-year statute of limitations, after which it is legally unenforceable provided you do not admit you owe the money. Secondly, a couple of questions to ensure I understand your situation properly: 1) Are you saying that excessive charges, which you hope to claim back, were placed on the loa
    1 point
  30. First the DCA has to own the debt as only the creditor can take legal action Second. There is no point taking the debtor to court if they are paying the maximum already. It only hacks off the Judge which is not a good idea. Third. The DCAs scour the credit reports looking for details on debtors where details of property deals etc indicate that they do have money to pay their debts.
    1 point
  31. Assuming its the same in Ireland as England, no pre-action protocols apply Directions relates to a proposed timetable of events. The following is an example of some Directions ordered by a judge. You can use these as a guidance and change the dates to suit. Note that normally the exchange of documents takes place 14 days before trial. These directions differ in that they order exchange 14 days from reeipt of the order. This could speed things up for you and give you longer to assess their full defence. Do make sure that you do not propose anything that you are not able to comply with. . If this was simply an
    1 point
  32. it shouldn't matter as they already have been served by the court and are well aware of the court fee. it really is to fix it in your mind what your total is: charges, plus 8% interest, plus court fee. so if they come up with an offer of anything less than that - like drugs - just say no. if they come up with any offer less than 100% you are only 1 letter away from a full offer - read babs 5k+ offer today. your day is coming soon!
    1 point
  33. Capital Bank Group - Car Finance Collections and Recoveries Dept Tel: 0800 015 3618 Fax: 01224 872 309 Email: Group_Payments_Centre@BankofScotland.co.uk Just some more details. Hope they are of some use to someone. marty
    1 point
  34. Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my clai
    1 point
  35. Your more than welcome swamped thanks for the rep feedback Give me a shout when your ready to write up the defence and I'll give you a hand with it. Just PM me we will have to submit the defence before the SAR comes back though but it shouldnt be a problem.
    1 point
  36. Think this thread will need to be moved straightaway!!! Sent SAR to GE Capital on 30th October. Spent the last two weeks avoiding calls from them from their "call centre's" wanting to discuss my account. Got home from work today to find all my statements as requested. The kind person who sent them had already highlighted the "late payment letters" and included a very nice letter that went along the lines of "we think you are wrong, but hey ho, we will as a gesture of goodwill, of course, refund all charges going back to 2002 and they will appear as a credit on your next statment". A total of £135.00!! Without threats or anything!! How
    1 point
  37. Hi all, Can anyone help with my post above of yesterday at 22.21pm I need to get this sorted as time is ticking and not sure what the best course of action is. Karnevil if you are about please see above?
    1 point
  38. Cheers Enough's Enough. They should get it this morning (Bank Holidays and all that). Have already prepared the schedule plus the 8% - an extra £450 in interest, as I don't think they'll break the mould and settle any earlier than in the past. Thank You Nightstar. I've just gone for the Paid Referrals and Unpaids Out. Will keep everyone informed of progress.
    1 point
  39. Hi Eunice, GE Money have just refunded all of my charges after sending my initial claim letter. £254 in total. The money will appear as a credit in my account. It may be that rather than create a backlog of cases, someone has had the foresight to refund the smaller claims to avoid further costs to them in admin.
    1 point
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