Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others. I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment. First of all the cast. The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two. On the fron

(edited) LOL!

If like me, you have always found the mathematical formula's that the government have specified for calculating APRs and early settlement figures pretty complicated. There is a tool from the OFT that will calculate them for you. Its called DualCalc and its available as a free download from here: index Happy calculating, buggerlugs:-)

Having read all the reports I can find and the clear-headed advice in the sticky about the test case my thoughts are thus: Complaints to FOS right now, pretty much a waste of time. The only possible use is to put a stake in the ground that you can count your six years back from so that you don't lose out on claiming any past charges as time rolls on, whilst waiting for the ruling of the high court. County Court claims, CARRY ON! although the banks will almost certainly ask for a stay, it is I believe up to the district judge, and even if the judge grants a stay you can apply to have it lifted. I'm not sure on what grounds yet but I

sounds good to me will do just that will give both your scales a click.

sowerby, ring the court tomorrow, they may extend the deadline by a day or two, less paperwork for them, let's hope the cheque comes tomorrow, keep us posted.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have a read here

lets pray you get the cheque tomorrow-could you not ask the court to extend aq by a couple of days??????????!!!!!!!!!!!!!!!!!!!! explain to them what the problem is. might be worth a go-especially with postal strike being in force really want to help but dont know what to advise

Hi Ja-De Lovely Medals thank you . When I say Im looking after the kiddies , I am and Im not. I have 3 daughters 1 son.(my baby) The daughter (youngest) who has gone to Bangalore leaves her 2 boys at her other sisters (middle) when she goes to work so she is having them for most of the day but I thought that because they (boys) will naturally miss their Mum that I should have them from about 4ish. They live with me anyway so rather than having them sleeping at their Aunties its best if they still come home to their own beds. Ive got 10 grankids altogether. 5+5. the youngest one is 7wks and the eldest is 13. So you s

Nope looks fine

I really do hope you hear something soon overflow. Poor you, having to look after your 2 grandsons, & it being the school holidays as well, I love my 2 grandchildren to bits, but I don't think I could look after them 24-7, not anymore. In my opinion I think that you deserve a medal, so here you go. (I looked for 5 - 1 for each week, but could only find 4).

Any news today overflow?? hope so i really do xxx

Hold tight, await to see what paperwork there do gather together, and send you, thats if there have any, you are seeking proof that there own the said debt, its up to them to prove that you owe the money, as for there kind or is that **** offer to pay 75% less, don't even contact them regarding that, as that might indicate that you except there is a debt owed, dont do anything, there have times scales to get any documentaion to you, should there not, then the debt becomes enforceseable, you state even that the debt might be over 6 years old, then this would result in it been status barred anyway. Just wait for now, confirm nothing about the

And his...

Oh Tez you do make me laugh!!! Reckon you been on the strobger!!!Very brave of you to try a quote I say. Even if I dont end up getting the charges back I'm 300% more pc literate than when I joined this site!!! Thanks to your thread I now know that my 50 pages or so is adequate - woopeee!!! Australian Default Report (2 pages) go to Courtbundles for dummies thread - Post 130 and PM jowalshy - he/she should email it to you.

Bankruptcy - What is Bankruptcy? What happens when you become bankrupt? : Directgov - Money, tax and benefits You may also wish to call National Debtline who will give you free advice on debt matters. National Debtline FREEPHONE: 0808 808 4000 Monday to Friday 9am to 9pm Saturday 9.30am to 1pm 24-hour voicemail. Please leave a message to request an information pack or factsheet

Um... no, it is a long road to get a reposession... I would call up the national debt line or CCCS to be honest... but the basic truth is no judge will reposses a home for a single months arrears, when it is clear you'll be able to repay the arrears over the life of the mortgage.

Well done, But you have not set a precedent - this happening the whole time. If it were me I would draw out what they paid in lovely cash then they cannot touch it

hi its okay and your not a pain its better to ask then get it wrong yes send schedule of charges and attach to your letter the paragragh is optional but dont add if you dont intend to go through with it have a read around some of the threads they can be helpful and have a look in these Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !! Example Step-By-Step Instructions these you help you understand a bit more about reclaiming your charges back but worrys or questions just shout and somebody will come and answer them Frequently Asked Questions

Thanks PD. Ok chief if you ever decide to post again, LOL, I will tell you how to send a pm (private message) and then you can get your name changed!

Its ok. No problem. Any charges entitled Total charges are fully reclaimable. They are usually for going over your overdraft. Have a read of this thread Charges description on statements - Please Read just to put your mind at rest.

Yes, the current limit is the one you need anyway. Was it a Lloyds account or TSB originally, just out of interest?

Hi Mich. I'm sorry to hear you're being hounded by the weather (preferable to being hounded by a DCA?). I wondered if it might be easier to peg the kids on the line, fully clothed the next time it rains? Hope things improve. Best wishes

Hi Mich Just to let you know debt collector's are not allowed to enter your property either through an open window, or even through the gate. If they dont leave you can actually call the police. The only one's that can come in through an open window is a Baliff, but only if you have a county court order and haven't paid this order. Hope this sets your mind at rest I too am in the same boat, and even though i get down at times, just remember there is worse things going on in this world than being in debt. Best wishes Fran

welcome anytime. Glad i'm of some use at times lol take it easy be safe jgg

Noodle, in the first instance I would report the credit/debit card as lost, then cut it up, that way if they try and take a payments the bank won't authorise it! The bank/credit card company will then issue you with a new card.

Why settle for anything less that the FULL ammount? Write yourself a note on what you want to say - read it to them if nessasary. You want 100% returned or you will continue with your claim through the courts. You will get it all back, they are just trying it on with you - don't let them fob you off. Good luck and stay calm and possitive.

Ah thanks MH The whole process has it's ups and downs I know. We feel empowered and then we doubt ourselves... it's all a bit of a rollercoaster. I have looked further into claiming the APR rate on credit cards and it does seems that if you hold out to the end you will get it... it's just that the whole thing takes so long and there are so many things to remember. And I must admit... I did get it with my Egg card after turning down the 8%... and my Halifax card (but that one was won by default cos they didn't defend). All these wins and I still have nothing to show for it... I am just paying off debt with any settlement

well done Doo. Yeah, took the offer they gave me, charges, court fee, 8% interest + all purchase interest they've charged me. Was quite happy with that. it certainly makes a refreshing change for women to be stalking me anyway!

Wellllll, just got off the phone with the Law Society. As I suspected Horwich Farrelly ISN'T a real person at all. Now unfortunately it is perfectly acceptable for the letters to be signed EITHER by an individual solicitor OR with the firms name. As long as the letter contains all the required information about the firm, ie partners, address and regulated by The Law Society. Also the lack of listed solicitors/lawyers at Robinson Ways office is also acceptable, how I have no idea, but this is what I have been told. So at the end of the day these letters are acceptable, even though they do appear to be a little odd. Sor

Hi Peter This is a VERY interesting thread & for which many thanks. I have a question relating to Direction 3 (in Post #1) - "(a) Is the case intended to be contested to and at trial." If the bank answers 'yes' to that does it commit them to actually attending Court and defending, or can they still force you all the way to the Court door (filing bundle etc etc) and then settle out of Court just before the hearing? If the answer to my question is 'yes, they can', then I can't see that anything has changed. On the other hand if the answer is 'No, they can't', is the intention of that direction to force the bank to

just as a matter of interest how do you get a snot????????????????? lol

gone

I see you've partly made it in here! The threads will be merged as I speak! Thanks for your help Dusary. Cheers

Just to let you know that while you have been holidaying, your friend MR Maynard has been busy penning the odd article or two. I picked this one up from another thread started by Pmcfhc where Mr Maynard states that Westcot are owned by Equifax. No conflicts of interest there then. He then goes on to state that "Everyone is much more professional today, compared with the industrys former grubby image". What planet is he on? He also gives breakdowns on how much debts are bought for. Untitled

CONGRATULATIONS..!! Well done, that is fantastic, and the timing is perfect. Hopefully things will start looking up for you now.

Are we talking about the Halifax here?

off to bed all night CM

Hi, I'm responding to the PM you recently sent me. Have I read correctly that the issue date on the claim form is the 2nd July? If that is the case, the defence does not need to be submitted this week. The time period that you are given is 5 days for service of the claim and then a further 28 days to file the AoS and defence. I would strongly suggest telephoning the Court to confirm the submission date, the number is on the right hand side of the front page of your claim form, in very small writing. Regards, Laiste.

Seeing as though Wescot Credit is owned by Equifax, you'd thought they'd know better.

Tears of happiness are good and I am happy to help. This site is magnificent for this sort of thing. I have always had the sort of outlook that I was not going to let someone browbeat me and I am more than happy to pass that on. You are a star and sometimes it just takes someone else to tell you to make you realise. It's the very least I can do to be one of those who tells you. Anyway, I know you are right about FOS, I always was like a bull in a china shop. Keep up the good work.

you can add any new charges upto the point where u file ur claim with the court

Hi Paul and welcome to the site and good luck with your claim. If you have any worries, just shout and someone will help you. Here are the e-mail addresses:- (although not many get any respnose from them) Useful Contacts; Rachel Tomlinson racheltomlinson@hsbc.com Debbie Daubney debbiedaubney@hsbc.com Kate Eaves kateeaves@hsbc.com Alan Burden alanburden@hsbc.com You can send a nudge letter to DG every 10 days or so in the hope of getting them to settle. Here is the link for some templates:- http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html Let us know when you get a cour

Your address Date DCA ADDRESS Dear Sir / Madam RE: FORMAL COMPLAINT UNDER CONSUMER CREDIT ACT 2006 Thank you for your letter dated XXX, in which you stated “we will immediately commence legal action”. Please note, i deny that i owe any debt to your company or your clients. I note that the original creditor has already confirmed that they do not hold any credit agreement for this account. As you are very well aware, falsely implying that legal proceedings lie in relation to a debt is against the OFT Debt Collection Guidelines. I place you under notice that you have no legal or contractual right, or co

You can take them to court in England. Its a doddle check this out ~~~> http://www.consumeractiongroup.co.uk/forum/capital-one/85127-mrs-stevokenevo-capital-one.html

The S.A.R - (Subject Access Request) cost 10 quid and should be sent to the original lender. I will dig out a template for you. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Clownells and Hamptons are just the same bunch so write to Clownells asking for a copy of their complaints procedure.

As Dave rightly pointed out it's now time to get TS on the case with this one. So basically they are chasing a stat barred debt and refuse to give you any reasons why. Hmm I'd be inclined to S.A.R - (Subject Access Request) Co-Op and see exactly what has gone on. Also on another note, I'd say that the enclosed CCA does comply anyway as there are a number of prescribed terms missing.

See my new thread on t & c,s when I work out how to send them all folks!!!!! Leech

Just a quick point with regards to notice of assignments from DCA's. If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges). Even if the amount doesn't include charges but is misstated it is still invalid. If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice). The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419 P.S Thanks go to Laiste for pointing this out.

Hiya Guys and Girls, Just me putting in a mention and a copy of the latest letter I have sent to The Lowell Portfolio Group. I sent 1 copy e-mail to Lowell Financial, and 1 copy by recorded letter to Lowell Portfolio 1 Ltd. Here is the letter and I still have had no reply. Mr Nigel Beaven To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement in my previous letter dated 01/02/07, and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under