Hi Thx for reply and again well done. P.O.C are particulars of claim. Enjoy your winnings!

Hi Dave Well done!!! really pleased for you. As you can see from my posts I`m in same boat. Did you use a lawyer? any chance you could PM me your P.O.Cs Cheers The Dr

I note that in clause 48 the judge is presumably directly refering to the Durkin case and states his treatment was "Clearly outrageous". Hopefully this will be reflected when it is presented to the Supreme court shortly

Hi Had (after 2 years) final adjudication on complaint about default registered by Santander (as usual) on penalty charges whilst awaiting Supreme court verdict. As I had been previously warned by a now ex caseworker, the service has a policy of not overturning defaults and my experience seems to verify this. I was claiming using court references and clause 13.6 of banking code of conduct (Defaults only added when there is no existing dispute on account) The bank claimed that the dispute ended on the day they rejected my original claim, and did not regard my 2 and a half year court case with them constituted a dispute. Incredibly the FOS upheld this. The FOS also claimed that 13.6 was ambiguous and that they probably meant to say that it only applied to cases of fraud. I`m appalled the ombudsman can simply add his own caveats to a clearly stated freely given commitment in order to find in favour of his client. The fact that the bank had lost all litigation before the SC verdict, and never successfully defended their Terms/Conditions/ or Charges was, in the FOS`s view no justification for withholding payment until due legal process was complete. Hope this is helpful to anyone in same situation.

Hi Can`t answer specific points but hope this helps. FOS have given their final assesment on my default (bank charges). The "service" rarely overturns defaults and my experience is that they will go to any length to uphold one. If you can prove the correct procedure wasn`t followed you would have a good case in court if you can get representation. From 1st adjudication to final took 18 months so I would certainly refer your complaint back as soon as possible. One piece of good news, there is a case which has just been heard (verdict pending as I write) which covers a large chunk of your issues. Search the forum for Brandon v Amex. Very best of luck to you

Hi, try Googleing : Kpohraror v Woolwich Building Good luck

Hi Donal All defaults require a notice of intention with at least 14 days notice irrespective of whether it`s a current account credit card etc. Incredibly, as these are life changing documents, no proof of despatch or delivery is needed. Sadly from what you say it sounds as though the default reference is correct and unless you can prove that correct proceedure wasn`t followed, for the time being at least, you`re stuck. A ray of hope I can give you is there`s a couple of cases coming up that affect defaults, Brandon vs Amex is being heard any day now by the Court of Appeal and Durkin vs HFC is being heard in the Supreme court next month so keep an eye on the forum. I wish you the very best Regards

Hi My ex wife and myself had a (disputed) default on our old joint account. Her`s was removed bcause the only traceable notice came to my address, the bank have confirmed in writing this was their mistake. As they have admitted the defaulting proceedure was flawed does anyone know if this is grounds to have mine removed? It seems a tad unfair I`m stigmatised (I was abroad when notice was sent and default applied) as sole offender. Secondly, if above isn`t reason for removal, my ex is unhappy that her file shows her as having me as a financial associate, thinks it`s affecting her rating, and is pondering demanding the bank remove all adverse data based on their admision. Anyone had similair experiences or ideas? Thanks in anticipation