Hi to all need your help yet again please I received a General Form of Judgement from the Court on Friday, which orders 1. Allocation Hearing is required to consider whether the Claimant's claim is statute barred on the grounds of limitation. 2. Hearing listed for 25th February 12.15 pm estimated time 45min. I have re read my copy of the Credit Agreement, and it states that the secured loan was for 10yrs and also shows that their was a legal charge placed on our property at the time it was taken out. Am I right in saying that this means the loan would come under the 12yrs (sealed contract) and not 6 yrs of the Limatation Act 1980 for status barred contracts. Any help regarding how I can argue the status barred order would really help as I am not to familar with this particular Act Thanks LynnStatute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980. In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money. For bank charges claims you can claim as far back as 1st Jan 1995.

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Signed an thanks

What about everyone doing an individual stand outside their own bank, on the same day. We could ask the banks customers to sign a petion if they feel bank chargers are unfair. We could have the petion as a Corporate petion with C A Gs logo make if look offical, then the signitures collected could be forwarded to Site Team for further use. We could also pass to their customer a flyer offically designed of course by the CAG, explaing what we are about. Just nocking a few ideas around.

Yes, especially thanks to you and other CAGs who set me on the right track in the first place, my fight still goes on, and on and on. I am still learning, thanks to discussions on threads like this, I will not give up now having got so far with it. You are so clever at reasoning out the statements that have been made on threads, and you make such sence when dissecting them, making a lot of it crystal clear. Have you been doing a law course??? Watching with great interest and thanks again for your very much appreciated imput. Lynn

Priority One, have we found our Joanna Lumbley at last? thanks for starting the tread, I for one am fighting back at the establishment Regards and thanks for all your imput, love the way you dissect, so easy to understand.

Caro, Im with you all the way, I beleive we should lobby MP's as you said everyone of them agreed that the charges were unfair. If we work quickley we could affect the outcome of who is elected next. It's a pity we don,t have someone like Joanne Lumbley behind us. It we all stick together we can change things to our advantage. Lobby Lobby and Lobby. Media Media Media, keep talking about it keep on at the banks, lets stand up for our rights and I for one am fed up to the back teeth of the "establishment " they are all in the old boys network, and just one day they will fall quicker than they rose in their ranks. Remeber those on the way up, because on the way down they won't want to know you. Lynn

Good mornign to all, Have been reading all your post over night as I have been stayed by the Courts for the 6th time pending the outcome of the above cases. A & L have been trying since October 2006 for an unsecured loan of £15,000, on my last visit to Court in July 09 the Judge yet again asked A&L to produce the original Credit Agreement, and they have continually ignored his requests. It looks as though I will have to re consider my case in light of HHJudge Waksman ruling. I have had so much support right from the beginning from CAGs Slick,Priority One, and many others, (you know who you are) so it looks like Im going to have to call on you all again for advice in the very near future. In the mean time I will have to give my full attention to all comments on this thread, you are all so good at putting your case forward. I have come so far, and would really not want to give in now, as due to go back to Court in April 2010 Thanks to everyone for all their support throughout the last 3 yrs, my life would be nothing without you guys. Happy Nerw Year Lynn

Well done, oh, I am so happy for you, have a great Christmas I'm sure you are going to have a really good year next year Lynn

Subbing I have a CCA claim that I have been in Court with since October 2006 with A & L Have attended Court 5 times so far, at last attendance the Judge stayed my case pending the case in Cheshire and has set a side a date for sometime in April 2010. I think he has done this so he does not set a presidance. Anyway interesting thread will keep wagching with interest. Good luck to all Lynn

Firsty, send a Subject Access Request straight away, send it signed for (proof of delivery) they have 40 days to send SAR to you.Put this in motion asap. £10 cheque or P O for the S A R is required. Secondly send for a request of consumer credit agreement, ask for the terms and conditions that were applied at the time the loan was taken out. Again recorded delivery Cost £1 00 cheque or PO. Thirdly send a harresment letter below. Dear Sir /Madam Ref Account No Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully DO NOT SIGN This will get you of on the right foot, Post up details when you receive info asked for.

Hi Bozalt. Im outraged that Shoosmiths have said this letter was in error. I'm even more annoyed with my self for not saying to you not to negotiate with them. Having siad that it can only go in your favour that you have tried to find a solution to gthe problem.They are playing games. If you decide to continue with the case I will try to help you from now on. Shoosmiths seem to send different representatives for the Court cases, I had five different ones so far, the Judge commented last time am I going to get you the next time in Court as I have a different person everytime and no one knows whats going on. Even told the Solicitor to get a grip. I will pm you a letter I sent to Shoosmiths, put in the relevent details that you need to know. Send a copy of your Shoosmiths letter to the Court Manager,claim Number clearly marked, and ask that they attach the copy letter to your file for future referal should it be required. Send recorded and signed for both letters

wonderman and ryde, like I said a few posts back all Solicitors, Judges etc are all part of the establishment, old boys school etc. I could cry with anger and outrage they are getting away with murder. Watching your comments with great interest. Bach

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This lot, including the Judge is all part of the establishement,Old boyu club Im outraged at the outcome but I for one am not giving up. Lynn

eagleforms, lots of people watch and feed this thread. Believe it or not I am one of them, its been a great debate. and spurred on by us all. Iv been a victim too, but I have quietly watched and supported these guys every step of the way. I do have a brain, I may not offer anything at present, but am taking notes for the future, and have been watching from the beginning with the greatist of interest, and addicted to the thread. Quite ones are the ones to watch !!! regards lynn

Hi guys, anymore bedtime reading, fully awake and waiting for more. bring it on. Lynn

Hi Im looking for some help and advise again please. I have received this morning G E,s copy of their allocation questionair from Eversheds Solicitors acting on behalf of G E. This is in relation to my claim for PPI initially through First National Bank 1999. They have now stated costs of £5,000 - £6 000. They have stated that this claim be struck out in its entirety as the it is statute barred on the grounds of limitation whether by section,2 5, or 9 of the Limitations Act 1980. Like all of us on here most of us have no money, I am no exception. The court waived my fee initally due to circumstances. Where does this leave me if I go ahead with he case.? I have one day left before I have to file my A/Q. Can anyone please throw any informatiion in to the case before I decide whether I pull out now, or go ahead with the Claim.? Thanks and Regards Lynn.

Can you tell me which court you will be attending. It's just that having attended Birmingham on the last 6 occasions (the same subject as yourself ) the Judge ordered that the case be put aside untill the ruling at Chester County Court in October and April 2010. On my last visit the Judge said that due to in competance and lack of following practice direction, that he would have to reveiw Shoosmiths costs in favour of the Defendant. Shoosmith's also never seem to use the same solicitors to attend their court case's hense none of them no as much as they should about the case Regards Lynn

Hi, Can you tell me which court you will be attending. It's just that having attended Birmingham on the last 6 occasions (the same subject as yourself ) the Judge ordered that the case be put aside untill the ruling at Chester County Court in October and April 2010. On my last visit the Judge said that due to in competance and lack of following practice direction, that he would have to reveiw Shoosmiths costs in favour of the Defendant. Shoosmith's also never seem to use the same solicitors to attend their court case'shense none of them no as much as they should about the case Regards Lynn

I first stated the claim after I received my S A Request information in November 2006. I have now been writing to First National Bank now owned by G E since 17th November 2006, requesting the repayment of PPI. They have not and will not budge. My last letter to them was 3rd October 2009. This they have not replied to. For 3yrs we have been writing on and off to G E / First National However, in their letter dated 26th February 2009, they state "that they have securely destroyed out files as it was settled over 6 yrs ago." I have all my S A Information relating to the loan and all correspondance from G E and myself since November 2006. I filed the PPI claim with the Court on 20th October 2009. The court fee was waived due to my circumstances. The defence that G E filed says " it is averred that the claim is staute barred on the grounds of limitation whether by section 2,5,or 9 of the Limitation Act 1080" and on this basis the Clamaint has no real prospect of succedding on the claim. Regards Lynn and thanks for taking a look at this for me.

Thanks that too was a great help, how come you are so knowledgeable? Regards Lynn

If I withdrawn from the Court case now before I file my Allocation Questionair, where would this leave me as regards having to pay £200 back to GE which they have asked for, for filling their A/Q. My court fee was waived due to my circumstances at the initial start of the Claim, where would that leave me with paying back this GE fee of £200. IS IT RIGHT THAT THIS WOULD NOW BE STATUTE BARRED, EVEN THOUGH I HAVE BEEN WRITING AND RECEIVING LETTERS FROM THEM FOR THE LAST 3 YRS. Please help need to know if it is to late to go down the F O S route as suggested buy Alanalana. Thanks Lynn Hello and thanks so much for your reply, Iv only just this second seen it. I will read the 32 of the Limitations Act 1980 and post back to you. I was getting quite desperate untill I saw your reply so thanks for your imput, its really appreciated. The Court waived my fee for me to put this through the Court, due to my circumstances. GE have applied a £200 fee for them filling their Allocation Questionair. I was wondering how this will effect me as I have,nt a bean to pay them. Should I still go ahead or am I going to get myself in to a lot of financial trouble. Thanks again Lynn Have just read the 32 of the Limitations Act 1980 and it was just what I needed to know. Thanks so much

Congratulations, and well done, every win helps. Regards Lynn

Hi, first thing you need to do if you haven't already, send a Subject Access Request for all the information they hold on you. Send it recorded and signed for,enclose £10 postal order. They have 40 days to send you all the infomation they hold on you. DO NOT SIGN YOUR NAME AS YOU WOULD NORMALY Secondly, send £1.00 - P O recorded and signed for requesting a copy of the signed credit agreement. (CCA) Consumer credit agreement. plus the terms and condition pertaining to the said loan at the time it was taken out. DO NOT SIGN YOUR NAME They have 12 day plus 2 to forward a copy to you. You,ll find these letters in the template letters. Thirdly I know you are sick to death with it and really want some closher on the problem. But its not that easy to plough your way throught the legalities of the promblem, but you are on the right site here for loads of very good advice. Finnally, I have been fighting a Student Loan for my Son with HSBC for over 3 yrs. I don,t here anything from their Solicitors now, they have passed it to their in house collection service, I here nothing from them for 9 months then I might get a D C A letter, so I just give the same answers and they disappear for anoth yr. They have told us they cannot produce a CCA so as far as Im concerned thats the end of the matter. I realise that your problem is tottally different from my Son, but the above information will set you of on the right track, then when you receive you CCA re[ply we can all have a look at it for you. Please do not spend money just yet on a Solicitor, untill you have a bit more information, Don,t give up, and don,t get depressed with it, with all the help on here from these good folks we can work through it with you. Regard and keep smiling Lynn