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Empire Strikes Back

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Everything posted by Empire Strikes Back

  1. Hi JMio Thanks for that I have rung them and been told that it can take up to 14days for the cheque to reach me!? told them I wont be signing the form from the court to say it has been paid until I have got the cheque and its been cleared and if its not with me by 9th June I shall be continuing with the claim. Hope yours goes well will keep a watch on your thread
  2. I too have received an offer from Crap 1 they have now decided to give me a full refund after a lot of haggling. so hang in there yours will come in the end. They are supposed to have sent the cheque on 25th May but have not received it yet. Do you have an e-mail address for them as I want to give them a reminder or else I shall continue with the claim, cant look it up as I dont have on-line accounting with them
  3. Thanks for that guys, will post a letter off today stating that i will be carrying on, keep you posted
  4. After sending a LBA and hearing nothing from MBNA I have filed a claim through MCOL for £738 + INT, this was served on them on 25th May. Have received a letter from mbna offering a goodwill payment of £250.00 to clear my account balance and a cheque for £50.00. This letter was dated the same as the court service date so has obviously crossed. What should 1 do now, just ignore this letter and wait until they reply to the claim or write and accept the £300 as part payment and tell them that as I have already filed the claim I shall still be continuing with the claim for the rest
  5. Hi Its not gone as far as to be overdue yet as Cap 1 put in a defence and then offered the settlement, I have had a form from the court to sign to say this has been settled but as I havent got the cheque yet I will give Cap 1 until Friday and if it still hasnt arrived I will tick the "I wish to proceed with the claim" box on the form. Will keep you posted.
  6. CONGRATULATIONS Tinkerbell! We had that same rude letter,but who has got the last laugh now? we reminded crap one how there £200 limit became £2400 dept see our thread,they wrote to the court to say it had been settled on 24th may but we havant recieved payment yet,so our claim continues until we do recieve a cheque
  7. Thanks for all your comments, yep it is difficult to put a figure on all the stress these things cause, opening the bank statements to find that you have been [EDIT] of £575 of hard earned money in one month, having to explain to creditors why they havent been paid because the bank got there first, the list goes on and on, I realise that you cant put a price on somethings like relationships etc, which also suffer, but then again why should the Banks get away with stealing our money and making our lives a misery through their actions. I shall be looking into the compensation side of things a bit further and will keep you posted on what I decide.I have been writing to Lloyds for months now, they dont have the decency to write back, the local branch now just seems to pass everthing on to be answered by the infamous David Just, who,when he does bother to reply, sends out the standard computer generated letters1 (Then again I suppose that is justified as rumour has it that he is indeed a machine)
  8. Thanks for your comments still not sure how to deal with this, we dont really want to do a seperate claim for charges and compensation as as hopefully the charges on the claim may make the bank acknowledge the compensation claim, but if it has to be done that way we will. Really want to try and keep it under the 15k but could only do this by asking for an unspecified amount for compensation which you cant do online. Have asked the Court and CAB but they couldnt help, any mods out there that could have pm?
  9. Am now ready to take Lloyds to Court, my claim is for just over £18,000 which is Penalty charges, Vampress Interest on Penalties and the 8% int on the two.I had my own business but owing to these charges I have had to sell it.My business account still has a £16.500 overdraft on it . I have already put in a court claim for another account which was closed a few years ago and have been offered a setllement, now the bank have told me they will be closing our business account and want the overdraft cleared. I feel that I should be entitled to claim some compensation as the charges forced me to sell my business, leaving my wife and I unemployed. I dont know how to go about it though, with the amount in question I wouldnt be able to use the moneyclaim or Fast track system. my penalty charges are 13,500 and the interest charges deducted are just over 2k so could shave a bit off this to keep it under 15k before the 8% int but then asking for compensation on top would raise this above fast track limit. or would it work out if I dont mention a compensation figure on the claim form and just let the court or Lloyds come up with a figure. Has anyone else claimed compensation from their bank and how did you go about it. Would be really pleased to have any suggestions on this. These charges are for the last 6 years only, god knows how much I have given these leeches over the years! I would like to put a LBA in to the bank on 6/6/6 as I think that is a good date for the little and not so little devils at Lloyds Bank. As soon as I receive payment from the closed account claim I would like to make a donation by cheque, so if any mods could give me details on how donate by cheque.
  10. I am being given a full refund of the charges claimed, this was the first court claim I did and Crap 1 have said that I didnt mention taking off the default in my claim of particulars, but they have said that there is nothing to stop me going for this after I have received the refund. Going to ring the court on Tues to see if I did or didnt put in for the default removal, have taken copies of all the particulars of claim except this one! If I havent put down for the def removal I will tell Crap 1 that I will still be persuing this and maybe they will remove it without further Court action!!
  11. Hi, update egg filed there defence and counterclaim but havent paid the fee they have until june 2nd to do so
  12. Hi Sent my DPA request to Richard Cooke, Data Protection Officer, Citi Cards,Citi Financial Europe plc, PObox 54, Salford, Manchester, M5 3BP. These guys try there hardest to make life difficult with their delaying tatics, I had to send them 2 forms of ID, photocopy passport, driving licence, recent utility bill etc and also wanted me to fill out a form, told them to stuff their form but sent the ID, reminding them they had only a certain amount of days left for compliance. We didnt get all the statements so filed a claim estimating the amounts that were missing. Best of luck, you will need it with them! Bewarer if they offer you a refund like they did with me, when I spoke to them turned out they were offering £25.00, on yer bike!.
  13. Well done brill,we had one as well but note no 5 condition
  14. Have approached Debt collection Ag about the default, they say they cant do it without the ok from Citi, and citi up until now have refused, so have taken the court action against Citi so hopfully they will be made to give the ok to the DCA if it gets as far as court.
  15. Citi Cards refund offer was for £25.00, when I had finished laughing I told the guy from Citi that I would have to decline his offer! I have since issued a claim through Moneyclaim and have this morning received a defence from Citi. They are stating amongst other things that they sold the debt which was at around £1800, which was made up of mostly charges, to a debt collector for £400. I paid the total money owing to the debt collector as they told me they would remove the default iF I paid it off, I needed to do this as I wanted to re-mortgage and couldnt with the default there. After that it went t..ts up, the debt had been paid but no default removed. Citi are now stating in their defence that we should be suing the debt collector as Citi sold it to them for less than we are claiming from them.Wot! If any mods want this defence pm to them I will do, makes interesting reading. Am waiting for the Court Allocation to arrive now before the ball starts rolling. Has anyone else had a defence from Citi Cards, I have had a read through but everyone else seems to have been paid off before this stage. My claim is for just over £1500. .
  16. On the last day possible Egg have sent in their defence so are now waiting on the Allocation questionairre. On the bottom of their defence letter they are going for a counterclaim which reads:- "In the event that the Court finds that the default charges levied on the Claimant do constitute an unfair penalty and are thus enforceable, the Defendant counterclaims for the actual cost to the Defendant of dealing with the Claimant's breach of contract in exceeding his credit limit, such costs to be assessed by the court. The defendant counterclaims further for all and any other sums which may be due and payable by the Claimant to the Defendant as at the date of judgement." Anyone else had this on their Defence from Egg, any mods out there who would like a copy of the defence let me know and I can scan it and pm you. Ayone had any money back from them yet
  17. Received letter from bank's solicitors today Martineau Johnson - containing an offer to "make a contribution" etc, and a Defence. One thing in the defence bothers us, that is "The Unfair Contracts Terms Act 1997, and the Unfair Terms in Consumer Contracts Regulations only relate to those contracting as consumers, and so do not apply to you as a business customer. s15 of the Supply of Goods and Services Act onlly applies where there is an implied term as to the consideration; it is not relevant where, as in this case, there are specific terms concerning those charges, as set out in the Bank's charging leaflet." Anyone else throw any light on this. We know we put 1977 and 1997.
  18. Me too, the same solicitor acknowledged yesterday, but als have had a letter from the solicitors saying that i have not provided details of the individual charges! did you send a spreadsheet in with your court claim, dont know if I should send the solicitors a copy of spreadsheet. Will keep and eye on everyone in the same stage
  19. Have been reading through the faqs but cant find if anyone sent their spreadsheets with their court claim. Have had a letter from Lloyds solicitors asking for details of the individual charges, should I send them a copy of the spreadsheet, they are saying they are unable to respond fully to the claim because of this, dont want to get as far as court and have them say we have witheld information asked for.
  20. Sorry Spiceskull, this isnt the larger claim that we discussed earlier in the thread, this is a smaller one for £4k against Lloyds for another of our accounts that I need the help with.
  21. Have received an acknowledgement of Service re our claim with Lloyds signed by someone from Martineau Johnson Solicitors. Have also had a letter from these solicitors it says "We are unable to respond fully to the claim as you have not provided details of the individual charges which you are claiming. We would therefore be grateful if you could please let us have these details as a matter of urgency." Not sure what they mean by this, should we have enclosed a copy of the spreadsheet with the charges on when we filed the claim with the court. should we now send a copy of the spreadsheet to these solicitors if so do we include the column with the 8% interest. We just put the amount owed in charges on the Moneyclaim form. When we reply to them is now the time to mention the McNamara tape or should we wait and do it in court if it gets that far
  22. Hi all,complained to information commissioner but not had any replys yet,Started on moneyclaim for charges Crap one have acknowledged claim 2 days before deadline,
  23. Hi all, Lloyds have acknowledged claim 2 days before deadline,This is for our smaller claim.
  24. Have phoned Hillesden and they have said that it was them that entered the default on my credit file, I have asked them to remove it and they said that they can't without permisison from Citi Cards, why they need Citi's permission to take it off when Citi didnt put it on in the first place is beyond me! So then spoke to Andy Smith of Citi who said he will liase with Hillesden with a view to resolving this. Supposed to ring me back and let me know whats happening but hasnt yet. Thinking if I dont hear anything I will start the Court Action as even though they have offered a refund they are not doing anything about removing the default which was part of my claim. Any views anyone?
  25. Thanks for your help. The original claim was for a refund of charges AND the removal of the default. Citi have only offered a refund and not the removal of the default. We are going to ring Hillesden to find out if it was them or Citi that have entered this default. If it is Citi then we can go down the road of informing Experian etc, as we have it in black and white that Citi didnt isuue it. If it Hillesden then I suppose we accept the offer of a refund from Citi and fight Hillesden to get the default removed. Does that sound right to you guys!
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