As slick said worth a try nothing to lose best of luck

I have a meeting with my bank manager on Monday. I feel that Santander should (maybe) accept some responsibility in allowing transactions to go through when funds were not available. How many people check their balance every time they pay for petrol etc (no large purchases)? I do believe I am being exploited here. Maybe I am naive, but right now I am working to pay Santander costs, and unable to pay bills etc.

Are you mad its your responsibility to make sure funds there bank has 2 choices pay the item which means your over an overdraft limit and will pay a charge or return it and then there will be a charge . Its not up to the bank to manage the account thats your job . You say how many people check their bank account well your supposed to and in my view its your fault tnot theirs all they are doing is trying to make as much money out of you as they can . You have no valid reason to get any money back at all Id ask for it as its worth a try but dont be surprised if they say no they have no reason to give it back if its their error yes you may have a case but its not .

I d love to know on what basis youd ask for the charges back business account reclaims are worse than personal I cant see any reasons in what you say to try to force santander to pay them back as its your errors not theirs ...id love to get mine back sorry cant be any more help apart from saying switch banks ....regards Gary

Thank you.

credit paid into my credit card account was misprocessed as £20 instead of £2000

this led to items for my business being declined i didnt get stock pre xmas so i couldnt sell it .

I was offered £200 by bank refused

took them to court

ive been told to replead my claim as this case was stayed some years ago as it involved other things which have been dropped now but im proceeding with "claim for loss of profits / damages call it what you like ."

However my poc on this aspect was rubbish hence judge says i have to replead .

So I need bullet points which Ill expand on ie

Is this breach of contract as they havent processed right

Is it negligence ?

What rules or regulations have they broken

What cases can I use Durkin Kopraher (sorry if ive spelt wrong ) etc

Please I need this done this week sorry to be pain

Regards Gaz

case discontinued by solicitors can i claim as litigent in person for travel to hearing for paperwork time etc as its small claim and its been going on 4 years .....many thanks for al help especially Andyorch

Regards gaz

ok thanks Andy for your and everyone elses help in this matter Regards Gaz:-)....................................................

Thanks yep Im using those paras regards

you must use anything and everything to succeed at stopping their application for SJ. If you do lose then anything not used

would be considered as " if only I had said .........." If you do succeed the claim proceeds and you will have plenty of time to focus on points of detail.

Thanks Andy very helpful and thought provoking regards gaz

thanks Andy thats a good start I look forward to receiving any other juicy bits about "enforcement using reconstituted agreement " when they have admitted they havent got it due to time elapsed regards Gaz

yes 100% correct

yes i am

never mind at least you tried Pru

2 weeks yet Gaz as you can see I'm inundated at the moment with more urgent claims that need action now.Lets have a look at it next week.

Thats fine Andy you should make a full time job of this and get paid !!!

Regards Gaz

Dear Andy isnt a lot of time left if you give me some bullet points I can add meat ?

Yes Andy need I think someone eloquent to put it right format and get all points over that i need in there I tend to waffle a lot

sent you pm Andy

Hi Gaz, I have found my Terms & Conditions from 1998 - will they help? Shall I post them up on here?

Pru

Dear Pru that would be helpful to see even if its 1 year out but im sure other people would like to see too and it my help me regards gary

Ok, I will have a look when I get back home...

did yu have chance to look yet regards Gaz

Hi Andy see my comments re *******************

Ok Gaz so in essence you did submit a defence be it an holding defence. Ok you have a couple of options:-

You can file a Witness Statement yourself in opposition to the SJ application (very important you refer to the DJs stay and request for disclosure).************** yes i understand that

Alternatively or both you can make application to strike out/set a side their application. CPR 24 PD 2. On the grounds that they have failed to disclose failed to follow the DJ order of xx xxx xxxx**************** yes follow that too

3) The application notice or the evidence contained or referred to in it or served with it must –

(a) identify concisely any point of law or provision in a document on which the applicant relies, and/or

(b) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue or (as the case may be) of successfully defending the claim or issue to which the application relates,*********** are you talking about what they should have done or what I should do as it says defending the claim as Im defending etc bit confused here

regards Gaz

sorry

I said I had asked claimant on several occasions to supply information under S77/78 inc true copy of executed agreement and terms and conditions at time and all records inc transcripts telephone conversations , manual intervention , default notices copies statements any other documents that they may rely o in court .

I also put claimant on strict "proof of claim " i asked for true copy of executed agreement containing prescribed terms signed in prescribed manner by both debtor and creditor etc

I used template for here when I did it many years ago ..

.I also said if these documents received I reserved right to amend my defence etc

This is brief summary

judge without hearing stated claim stayed until claimant provided all information id asked for

There was no acknowledgement of service it was just notice of hearing re application to remove stay and for summary judgmement application

sorry being dim but whats an AOS ?

Hi Andy Yes 3 year stay as I wasnt able to submit defence as my requests under s77/78 hadnt been answered so the good old judge he was a nice chap said case stayed until the claimant did satisfy them Regards Gaz

yes next month