Jump to content
Twitter - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'

Banking on change

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    112

  • Joined

  • Last visited

 Content Type 

Everything posted by Banking on change

  1. Banking on change
    Hello All, I've just discovered something that I believe is huge and many of you could be in a similar position. Last year we were taken to court by Lowell and I tried everything to defend against their SD. The judge wasn't interested and gave them the order they wanted ie bankruptcy. I wrote to Lowell warning them that we could prove they had no actual standing (another story). So far they have taken no action. Not even responded to my letters (I used the three step process as detailed elsewhere on the web). Here's the kicker We did a subject access on Lloyds and got a tone of data. Going through our statements I found a substantial balance transfer from one of our cards (non Lloyds) to another card (the Lloyds one). The amount transferred was well in excess of the outstanding balance on the Lloyds card by several thousand pounds. So you would expect the card balance to revert to zero and the extra credit to show right? Okay on the statement for the month of the actual transfer it does indeed show the several thousand pounds as a refund from Southend bla bla bla. Now at this point our balance on the card for spending is zero and we spend 2K that month. The following month the balance is the 2k we spent but our credit has vanished. The credit was more than double what we spent. Not only that but when I added up the sum of our spend plus the available balance it was 2k short of the cards credit limit!! Huhhh? Am I going to have fun with this or what. After what Lloyds and Lowell put us through both financially and emotionally I'm out for justice!!! if you ever did a balance transfer, especially if you transferred more that the debt on the receiving card, go back and check the numbers. In our case not only did they lose our cash, we then paid a very high interest plus ppi every month for 18 months on money we never borrowed!! I will let you know what the cowboys say once I hear from them.
  2. Banking on change
    Hi Mould We already lost the SD hearing remember. had a BAD judge! And the cost to appeal in the high Court is A Whopping £235 which we do not have this close to Christmas. However, Lowwel and co don't know what's coming. I have a plan which I can't say too much about now for fear of snooping trolls. I'm sure you understand my good man. Needless to say though I will be back once said plan has been deployed and shall share with you and all what happens. Have a great Xmas Mould and all Best wishes for 2014 PS I hope you have some positive progress with your health too Mould. Take care of yourself.
  3. Banking on change
    Okay a new development Having a sort out before Christmas and have just come across a letter sent to a DCA in 2011 with a CCA request and photocopy of a postal order. So it seems that as well as sending Lloyds a CCA we also sent one of their many DCA's a CCA too. That means that we have now requested this info at least 3 times and each time there has been no response. It looks like what they do is leave it a few years then try again hoping you have lost the initial CCA request. So very important lesson learned. From now on I'm creating a folder specifically to file CCA requests and proof of postage receipts. I wonder what lowell will make of this latest revelation. So far even after two emails and a phone call to BW Legal requesting their intentions they have not let us know if they intend to break their promise (not to go for bankruptcy before supplying the CCA) and keep repeating they are awaiting instructions from their client!!! Come on Lowell how hard can it be to decide if you really have a case??? Mmmmm
  4. Banking on change
    Mould, so sorry to hear you are struggling with your health. Take care of yourself my friend. Wish you well!! Mjt thanks for that. I did ask the judge at the end of the hearing if we could appeal and he said yes. So I really just need to know the form required. I'll have a read of Mould's advice to wendyboats and hopefully its in there somewhere. I thought the appeal went to a higher court and therefore a higher judge?
  5. Banking on change
    Bless you Mould Mmmm get his permission to appeal his decision. Aghhh he was horrid to my wife, the thought of asking his permission makes me sick. Do I have to do this? I'm under the impression I only have 14 days from the hearing which will make Monday the deadline. Am I able to request more time or is the document I need to submit to the court simple to complete. By the way I agree with your view that the SD in indeed the beginning of enforcement because it is requesting, no insisting "pay up or else!" Seems like enforcement to me. Have a wonderful week end Mould
  6. Banking on change
    Can any one tell me what form I need to appeal the judges decision. I've looked everywhere online but can't find a definite answer. I need a form to challenge the judge for err at law and it needs to be on by Monday!
  7. Banking on change
    Hi UB I take your point but personally I disagree (but with the disclaimer that I'm learning lol) My understanding is that the cca is a statute law? If so it clearly states that a creditor may not pursue a debtor until it has fulfilled the obligation to supply the docs requested under the relevant sections. So clearly until lowell or any other DCA have these docs in their possession any action taken is contrary to the law. If we look at the time frame given to produce ie 12 + 2 one would also think that they need the docs in their possession to comply as requesting these from the original creditor who has (washed their hands of the matter) is clearly going to cause a problem. The irony is, from what I've learn recently, our legal system is based on the old Admiralty law which governed ships and is therefore contract law. Yet in our case no contract was produced! No default notice re the contract was produced. Mmmmm I've also since googled the judge in question and found him accused of failing to admit important docs in another case where a chap faced bankruptcy due to a much bigger case against the Shell company where the guys house was built on a contaminated land (reported by Channel 4 program) The plot thickens.
  8. Banking on change
    Hi UB They've had over a year to comply lol I'm confused, I thought the legislation stated that they cannot pursue any debt where the CCA has not been complied with. To me this reads as it should not even enter a court until the docs have been supplied. "If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement" You cannot enter the correct amount on an SD without the required info and having found some old statements showing substantial ppi the amount on the SD is obviously wrong. And in Brandon v Amex I think the appeal was upheld due to a faulty DN. Neither Lloyds nor Lowells have even produced a DN Cheers
  9. Banking on change
    Mould You are a diamond!! Re your comment: "In relation to your second paragraph above, my opinion would be that you contact the creditor direct and make your reasonable offer to him in writing. Forget trying to negotiate through his instructed sols." I'm not sure I follow what you mean by make a reasonable offer. I'm not looking to make them any offer, I'm looking to challenge their win re my set-aside being refused. So I'm going to file an appeal. Any guidance on this would be very much appreciated. It has to be done by Monday I believe. I wish to argue that the judge was err at law as there was no CCA, no default notice and ppi on the account.
  10. Banking on change
    Okay just read the wendyboats case. Mould you mentioned the ppi being a potential for appeal. My wife was (and is) self-employed Has previous medical issue (lifelong) Never requested PPI Clearly a miss-sold policy In our case the ppi is substantial, over £50 per month for about 3 years I think. Just looked at a statement and horrified to read: automatic dd payment of 208.26 Payment Protection of 54.09 interest 154.10 In other words exactly what the bank probably loves, an account going nowhere and netting them over £200 every month for doing nothing!!!!
  11. Banking on change
    Excellent thanks guys!!
  12. Banking on change
    We have now decided to CCA every account we've had over the past 10 years. Can anyone advise if each account needs a separate CCA or can we put all accounts from an individual bank on one document to keep it simple? Also the CCA templates all specify a postal order, can we substitute a cheque? And if we can put multiple accounts on one doc do wee need to add £1 per account? Thanks guys (DCA's take note - When you cast the first stone expect some rocks to come your way lol)
  13. Banking on change
    thanks UB There has to be something very wrong in a judge reviewing his own decisions at appeal. I'm sick of this and I refuse to lay down and die. So if that did happen I would make a complaint against the judge. It's nuts that any person could hear a case against themselves. Surely prejudice/conflict of interest is an obvious argument against this. Surely if a judge makes a ruling that is err in law, and then rules in his own favor in an appeal (making the error twice) the law society or whatever their governing body is must look at it?? Any way no intention of giving in and more than willing to personally protest (peacefully) outside the court. I will do what ever it takes to bring attention to the actions of this judge. At the end of the day if Lowell make us bankrupt and the judge is complicit in this, I have nothing else to lose. Our case was no different to Gf2K and he won his so there has to be something wrong with any case where there is no CCA and the judge rules for Lowells. Is there any way to get access to statistics on this? So BW and Lowell if you are watching this thread (probably) take note, I will fight you all the way and then some!!! When a man has nothing else to lose this is when he is most dangerous.
  14. Banking on change
    Yet More Proof of the Judge Lottery!! Yesterday I consulted a solicitor in my area. I explained what happened last week and he looked at the case. After reviewing the case he said "Who was the judge?" I said "Can't remember I'll look at the court order." Whilst I searched throught my docs to find it he replied, "Was it judge *********." He was spot on! I said "oh he has a reputation then", to which he replied "I can't comment." Mmmmmm say no more. Our case was as I though, very tight but we were unfortunate enough to have one of those judges. Like I said earlier the decision was made before we entered the room. So on direction of the solicitor I read the CCA 1974 again. He suggested appealing on a point of err at law. The act is legislation right, and therefore a statutory law, and clearly states if the original CCA is not produced the claimant is not entitled, while the default continues, to enforce the agreement. "(6)If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement; " Any thoughts on wording our appeal? Thanks
  15. Banking on change
    Well done Remzz great result
  16. Banking on change
    Hi dx100uk I'm certainly not sharing my phone number which was first pm. I've never had an issue with pm's on any other forum and my total pm's since joining in 2006 are a grand total of 3! I'm more than happy to share but as we are currently facing a petition I'm concerned about the other side viewing this forum to see what's going on, as was gforce2K which is why we entered into pm. Once the results are in I'd be more than happy to share.
  17. Banking on change
    Tried to PM you but your box is full You need to clear it to communicate any further Cheers
  18. Banking on change
    Ohh the set aside docs probably won't tell you much. They appear to follow a format ie you turned up, the other side turned up. The judge listened to both sides and READ THE DOCUMENTATION (yeh right) What really matters to others here is what did the judge say re your points v the other side, what did he or she take into consideration and how did they sum up their conclusion. Again well done, it's a great victory and a shot across Lowell's ******** Enjoy Gforce2K PS let's talk again, there are ways to protect yourself.
  19. Banking on change
    Well done I'm positively thrilled for you!!!! Brilliant! I'm gona have a beer to celebrate your victory tonight ; ) Yes!!
  20. Banking on change
    Sent you PM
  21. Banking on change
    Yes a copy of the CCA was requested. I thought we just sent SAR but my wife remembers dealing with this herself because of my illness in 2010 /2011. She sent CCA but using template from another source not the CAG one. The SAR wasn't sent until 2012. With regard to the default notice if it was served it would have been in 2010 and as I mentioned earlier I was very sick. But reading the info you refer to (s.136 & 196 of the Law of Property Act 1925) if I understand correctly, and it's very complex for a non legal like me, it seems the default notice would need to have been hand delivered or sent by registered post. If that's correct Lloyds will have a record of it and we can SAR them again. I don't remember signing for anything from Lloyds since or including 2010 and neither does my wife. Could this be the reason Lloyds didn't respond to the SAR, because they would be required to send a copy of the default notice and they don't have it? I'm sorry I can't be more accurate at the moment regarding the default notice. I will get another SAR out to Lloyds tomorrow or is there something I can send that has a shorter time frame for reply as a SAR is 40 days. I remember reading something about a discovery request or something like that when you are going to court but the other party refuse to provide documents requested. Should I resend the CCA request again and do recorded delivery? And should I point out that a CCA was requested previously and they failed to respond? Thanks again guys!!
  22. Banking on change
    Thanks. I'm on it today!
  23. Banking on change
    The Mould, thank you so much for your support. You have no idea how much it mean to have people like you prepared to help! Answers below to your questions. 1. Did you make a s.77 /78 Request to your original creditor, and if so, did he comply with it? We sent more than one letter requesting information, the final one being a full SAR in which we requested amongst other things the original CCA. They did not comply. 2. When your original creditor sold/assigned the agreement, did the new owner/assignee comply with your s.77/78 Request? They promised to supply the required docs in October. When we went to court they had not supplied any docs. In court the solicitor representing told the judge that lloyds the original creditor were not interested in supplying the documentation and had washed their hands of the matter. I was amazed that he actually said this! 3. Did you receive a Notice of assignment from the original creditor to inform you that he had sold the agreement? No but how do you prove that? 4. Did your original creditor serve a statutory and valid default notice upon you? I'm not sure about this. You see at the time this all went pear shaped I was very ill and my wife was trying to cope on her own. 5. Were you in communications with your original creditor as regards any missed payments? If so, were any new agreements made with him for you to pay at a reduced rate for a temporary period? We explained that due to situations beyond our control we couldn't pay at the time. There were no discussions about any alternative arrangements. They handed it off to a solicitor who wrote to us then the next thing we knew Lowwels had the account and immediately threatened us with SD. I'm not 100% but I think the SD might be wrongly served. 1. I thought the person named on the SD had to be contactable? I was never able to speak to him only someone who sounded like a junior (had to put me on hold to ask questions). 2. The SD was sent by bike courier without an envelope so our data was not protected. 6. What was the reason as to why you made an application to act as lay representative for your wife? My wife's work means she has a duty to protect her mental health or she can't work. She is also not as good as I am in legal situations and I had done all the research etc so I was prepared with the required argument. I tried to steer her but the judge kept talking over me and when my wife did ask any questions they were just steamrollered over with counter questions all from the judge. The solicitor never had to get involved other than to agree the costs and make his comment about Lloyds washing their hands of the situation! The judge never considered our legal argument, was just of the mind that if you borrow you pay. Didn't care how much we borrowed. Didn't care about anything really just had his mind already made up. 7. Do you own property? If so, is it jointly owned and is the debt a joint debt of both you and your wife’s alleged as due and owing? Yes we have a few properties (supposed to be our pension) but they are probably all in negative equity (one is minus 50K). The debt is in my wife's name and the properties unfortunately are all in her name bar one.
  24. Banking on change
    Hi mjt2013 I really appreciate your input and I know you weren't criticysing me for wishing to represent my wife. Not sure how we negotiate though with nothing to negotiate with. We barely scrape by. We have a handful of properties all in neg equity. For example a flat we bought in 2004 for about £169k is now valued at £120k We have no savings, no pension, no fancy car so I don't really know where they are going to get their money from by making my wife bankrupt. We feel trapped and have been since the property bust. Our intention to refurbish and sell in 2008 was the beginning of all this trouble. Our capital including borrowed money was locked in the properties and we then couldn't sell due to the housing market. No way out! We've been trying to hang on in hope of a recovery
  25. Banking on change
    Hi Gfoce2K I'm sad to say we lost our set aside. The judge was very bias. Read the update following my link above. The only advice I can give you is take your bank statements if you can prove there is a discrepancy in the amounts. The judge in our case asked for statements but we didn't have them. He was very much of the view, you borrowed money and you need to repay it but he didn't care at all for the OFT guidance that Lowell need to provide evidence that they have accurate data. I naively thought we would address the legal position of using SD's to collect debts and the OFT guidance against this but the judge didn't even listen to this argument. If you can afford a solicitor, get one. I wish you luck and hope you get a better result.

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:- 923 Finchley Road
London NW11 7PE

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...