I have two cases sitting with Birmingham County Court against Bank of Scotland. After reading up on this site (as I did all along whilst starting my claims) the advice to apply for the stay to be removed was carefully followed. I have recently recieved correspondence from the Court advising me that: The application to remove the stay should be made in accordance with CPR Part 23 using form N244. Any application for permission to amend the Particulars of Claim should be made at the same time. in the light of the decision of the Supreme Court in The Office of Fair Trading (respondents) v Abbey National plc & others (appellants) [2009] UKSC 6 the Particulars of Claim will require amendment if the Claimant intends to pursue the claim. A draft of the proposed amendment should accompany the application notice. Unless the claimant is fee exempt, the applications will attract a court fee. (surprise surpirse) My Question: What happens now. Should I bother to apply for the removal and amendment? Any help advice appreciated.

Morning, Can anyone help clarify for me or explain what I do next as the order is somewhat vague and I'm a little confused. I have had both of my bank charge claims against my bank stayed by my local county court (who hasn't eh?) Therefore I decided to fight two defaults that are a direct result of excessive bank charges on my overdraft/account. I no longer bank with this bank. The bank cannot produce the default notices or a copy of my original signed agreement. I issued a claim against the bank under the Data Protection Act for immediate removal of the default. Namely: A default and termination of an overdraft agreement which has been completed unlawfully and not within the prescribed form required by the Consumer Credit Act 1974. No credit agreement provided that complies with the act, the defendant cannot seek to rely on enforcement in the form of a termination notice. Defualt Notice or other, as a requirement of the CCA 1974 The Default issued against the claimant by the defendant is therefore unlawful and inaccurate. The claimant seeks an order for the removal of the default notice and any other prejudicial information from Credit Reference Agencies. The claim was undefended by the bank and I won by default and asked that the court issue a judgement in this regard. Following this they have sent me an order which I am confused about. it reads: Upon considering this matter: IT IS ORDERED THAT The Claimant must identify the specific date that he wished the court to make an order upon which supporting evidence before the order he seeks under the Data Protection Act can be made. So what proof should I send and what is the date they the judge is refering to? Please help. G:confused:

I too have been kept waiting by the FOS (what am I saying I am still waiting) Why do we sit here patiently fuming? Why does it take so long for a response and closure on an open case? and why do they seem so biased towards the organisations they are there to protect consumers from? Might have something to do with the way they are funded? They are also giving very bad customer service and are supposedly a shinning example to the rogues in the financial services sector on how to treat consumers fairly, expedite complaints promptly and without bias. FOS sucks. Maybe an expensive re-brand/rename is in order: FOS - Financial Obstruction Service? Must look up the word 'independent' and explain to them the concept. Bypass them, if you are confident in your case - stand up, go straight to court!

I think but I'm not 100% sure that.... When HBOS eventually get brought out by Lloyds all legal actions and claims will continue. By being sold - Lloyds inherit the claims and actions and as such face corporate responsibility for the mountain of bank charge claims that HBOS have already avoided. As a damage limitation exercise the amount of interest that all these stayed claims are clocking up must have been considered and written off as cost effective?

Bump - Mods can you help?

Birmingham County Court are hearing all cases so my two claim of bank charges are being heard (November) and my data protection/CCA removal of defaults case also being heard! HBOS are going to be very busy defending. Wish me luck. G

I have two cases against BofS one has been allocated to the small claims track and is to be heard in November (Good) The other is over the £5k threshold and although the BofS applied for a stay pending OFT decision I objected and won and I also asked that this case be taken through the small claims court despite the amount as it is the same as my other claim against them - just for more money on the reclaim of bank charges. I have today received a notice that the judge wants a 30 min allocation hearing and I need some help and advice. I have filled in allocation questionaires for both cases previously. What documentation do I need to send out and prepare in advance? What should my stance be at the hearing? What can I expect? All help much appreciated. Thanks

Good luck with it hope you get the cash mate. I've had to resort to taking them to court under the data protection act and cca for issuing a default against me unlawfully. They can't provide any copy documentation so I think I'm in with a good chance. Haven't received the date of the hearing as yet but they have been issued with my court papers - so in true HBOS style they are bound to defend and write to me within the next two weeks. Strange how they always respond to legal action and never to general correspondence. Also be careful with HBOS especially if you have any other debts with them such as overdraft or a credit card balance they always insist that those balances are settled out of the money you are going to get before they pay you anything that is left. Be warned. I'm waiting for confirmation that my claim against them for £9k has been stayed by the court. I suspect the rate that interest is clocking up that by the time they eventually settle my claim sometime in 2009 it is likely to be nearly £11k. I can't use the hardship clause so I suspect I will have to wait it out. Keep me posted! G

Lowell, Will always issue a default against you and that is hard to get removed as I am finding out. You best bet would be to write to them as outlined by ODC, NEVER talk to them or call them directly deal with them only in writing. They have purchased the debt as T-Mobile have sold it off and claimed the debt against tax relief. Lowell have a whole library of threatening letters, ignore them all, write to them as outlined and offer what you can afford to pay and stick to your weekly/monthly amount don't let them force you into paying more if you can't afford it. if it takes a year to clear it takes a year. To force you to pay Lowell (or T Mobile) would have to take you through the County Court and your offer of a small regular amount would be looked on favourably. They don't take you to court as its probably commerically not worth their while, they want to resort to good old fashioned scare tactics. Sad but true. There is also lots of advice on this site concerning transfer of deed of assignment (T-Mobile selling the debt to Lowell) ask to see the deed and a copy of your true, signed agreement when you opened the account with T-Mobile. Don't worry, everything will be OK, read as much as you can on here, knowledge is power! Good Luck. G

Becareful what you send them as attached to the questionaire of outgoings is a Data Ptotection release form which in signing you authorise them to share any data you give them with other organisations. They will make sure that your 'debts' are broadcast internally across the finance system to other third party organisations. Making yourself a hardship case now in their eyes might have implications further along the road. Good luck

How much proof are you having to give them to substantiate your hardship case? I suppose if you are still banking with them they can readily see your income and outgoings. I did think about trying to get creative and tell them that my circumstances have changed and my partner has left and my income has reduced, would I have to substantiate? (It's not the case) I don't bank with HBOS anymore so they don't have ready access to my finanaces. I also save substantial amounts each month and I guess they could see this. Good luck with your claim mate - let you know how I get on in court.

daviet1976, Forget Financial Ombudmans Service (FOS) takes way too long, they currently have a backlog of complaints going back nearly a year. The courts system is the only remedy. My claim against HBOS is for £9,500 and so far they have ignored and refused to budge on every aspect including SAR (They sent statements but that's it) and also a CPA they only responded when I issued proceedings and only then to issue a blanket stay pending the OFT (another long wait) the powers that be in HBOS must be laughing themselves silly at Bureaucracy which is unable to cope. Not so much red tape as a red straight jacket for Consumers rights everywhere. I can't claim to be a hardship case as I'm in fulltime employment and earning a good salary, so that option for me is a non-starter. I have however accepted that my claim for charges and default removal is going to be stayed by the County Court. I have therefore issued new proceedings under the DPA and CCA for failure to supply vital documentation and I'm claiming that their issue of a defualt notice against me was unlawful and therefore not worth the paper it is written on (should they ever prove they sent me one in the first instance) Forget ICO and FOS - get litigious and take them through the courts - in the six months I have been writing and have felt the HBOS cold shoulder it is the ONLY threat that they understand or are prepared to respond to. I have twenty three standard holding letters over a four month period advising me that they are dealing with my complaints - yet they never do. I have only ever recieved one specific piece of correspondence dealing with my complaints. keep copies of everything, record postage and delivery and take everything at face value. I'll keep you posted. Good luck with your claim. Gymguy

Ever felt that the powers that be are biased against you? I have written extensively to the Information Commissioners Office and the FOS. Today I called to find out where my complaint is in the waiting list to be dealt with. (I orginially wrote to both organisations in July) I was informed today that they currently are experiencing a major backlog of complaints and mine is in a long queue for a case adjudicator to begin reviewing. I am told I could experience a delay of up to a year before they will get to my case! A YEAR - this cannot be right can it? It looks now as if the courts are the only speedy resolve in getting my data protection and CCA issues heard. Both the Information Commissioners Office and the FOS have told me if I commence legal proceedings then they won't be able to look at my complaints (like I'm really going to wait a whole year)is the courts system as slow? This cannot be fair and equitable can it? It seems totally biased towards the financial institutions. How long have you guys been waiting?

Hey Caro, Treid that letter you suggested with experian a couple of months ago. I got back the usual drivel, that they have reassured by their client etc etc....in other words go away... Decided not to wait for the OFT to sort out the bank charges issue and I issued court proceeding today against the bank for failure to supply default notice and that the default notice is unlawful. Worth the £75 to file. I await to see what happens next! I'm following the advice and links already put on here by Car2403, I'll keep you posted. My claim for fees still stands and I wait in line with ever one else but now my new claim is all about the incorrect data and unlawful default. G

I read somewhere that the judge hearing the OFT test case was getting totally frustrated with the amount of time it was all taking. He even went as far as to comment on a £45 FEE HSBC charged a customer for going overdrawn, even going as far as mentioning wow that's the highest yet. He should cast his eyes over my claim I have a couple of £75 that the BofS imposed! I suspect that by next sumner this will be over and we can all start the process again. the interest clocking up though is going to be huge.I bet they are hoping that the court will agree that a fee of £15 per transaction is fair and some of the interest waiting time will be written off to their legality of £15 per transaction. Am I right in assuming that when Lloyds TSB finally complete their acquisition of HBOS all debt liability passes to them. I would hate to start the process off for a second time. My claim is currently with the court in Birmingham I have objected to a blanket stay as applied for by the BofS. So we will see. I suspect I am also going to join the long line of people waiting. If they do stay my claim I am going to issue proceedings the very next day against BofS for removal of the default as it is unlawful and incorrectly applied. Don't care how many £75 I have to shell out. They are going to get what's coming to them. Grrrr......