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neilstapley350

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  1. Would the Bank fodders template be written into Section G as is or would you say see attachment print off a copy and attach to the form ****Sorry ignor this just re read yout post **************
  2. After reading other threads it appears it is a standrd defence. Main question now, in the template for Section G do I still need to add the request regarding the small claims track "I am respectfully requesting that my claim be allocated to the small claims track" and "Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track" As the case has already been alocated to it.
  3. Hi recieved the AQ today and it appears to be a standard 9 point but not quite sure. It reads as follows (Although slightly shortened). 1. The Defendant Lloyds TSB Bank plc ........ Claiment customer at the bank at all material time. 2. By opening an acc with the bank the customer enters into a comercial arggrement with the bank for the provision of banking services the bank is ientitled to a part of this agreement to charge for these serivces. 3. By maintaining an account in creditor in within any limit agreed with the bank, the customer may avoid most or all of these charges.............if the bank makes a payment or returns payment as specified int the leaflet and makes a charge in accordance with the terms of the contract. 4. There is no breach of contact......... 5. The customer is given advanced warning of charges....... 6. The charges are fair and reasonable.......denied that they are unlawful 7. The customer is notified in plainintelligible language........The charge are terms which relate to the price payable by the customer for a service provided by the customer by the bank and pursuant to regulation 6 of the Unfair terms in consumer contracts and not subject the assesment of fairness. 8. In the premises 8.1 The charges are for banking services, and are not damages nor a penalty; 8.2 The bank is entitled by contract to impose hese charges which are fair and reasonable; 8.3 it is denied that the charges are unlawfull or contravene and staturte or regulation. 9. The claiments claim is denied in its entirety. It is further denied that the claiment is entitled to the sum claimed to any sum from the bank. Is this just there standard defence and carry on with the template for section G of AQ. Does anyone have old letters that say that the charges are to cover the banks costs as the more recent letters do not state this in them.
  4. Thanks just been looking through a few threads so it seems there are better ways cheers
  5. Please HELP!!!!!!!! Need some info in a company called Spectrum Financial services based in west yorkshire who deal with debt management. My sister has just started using them to help and they have just charged £1500 (in three monthly installments) before they will release the debt management plan to her creditors is this allowed. She is still getting nasty calls from the likes of LloydsTSB and Halifax regarding missed payments etc although spectrum has said that this normal but she is very worried and scared that spectrum and not as honest as they seem also there was a report on them and last Tuesdays BBC watchdog program
  6. Settled in full *****£3657.18***** ___________________________________________________________ 09/09/06 - Preliminary letter sent 12/08/06 - standard halifax response received 20/09/06 - offer from Halifax for £959 25/09/06 - LBA sent 09/10/06 - MCOL done (£3178.81 Charges + £358.37 Interest) 10/10/06 - MCOL notice of issue recieved (Claim deemed served 15/10/06) 14/10/06 - MCOL notice of acknowledgemt confirming Halifax intend to defend (Dated 12/10/06) 17/10/06 - Settled in full £3657.18
  7. Well in throws of taking on the Halifax so lets have a go at these Buggers. Hi I have had a capitol one account with various charges over the past 3 years. Last year I got into financial difficulty and defaulted on the payments. My account was passed to a debt recover agency. After regular monthly payments the account has new been passed back to Capitol One I want to try and claim back the charges does anyone think this is a bit cheeky considering that I had defaulted on them or shall I go ahead and try any way.
  8. Hopefully. Been looking through the other threads and it seems that it happens with in a week give or take a few days so fingers crossed. __________________________________________________ 09/09/06 - Preliminary letter sent 12/08/06 - standard halifax response received 20/09/06 - offer from Halifax for £959 25/09/06 - LBA sent 09/10/06 - MCOL done (£3178.81 Charges + £358.37 Interest) 10/10/06 - MCOL notice of issue recieved (Claim deemed served 15/10/06) 14/10/06 - MCOL notice of acknowledgemt confirming Halifax intend to defend (Dated 12/10/06)
  9. Recieved Acknowledgeemt of reciept yesterday morning from MCOL and yes you guessed it Halifax are going to defend the case. __________________________________________________ 09/09/06 - Preliminary letter sent 12/08/06 - standard halifax response received 20/09/06 - offer from Halifax for £959 25/09/06 - LBA sent 09/10/06 - MCOL done (£3178.81 Charges + £358.37 Interest) 10/10/06 - MCOL notice of issue recieved (Claim deemed served 15/10/06) 14/10/06 - MCOL notice of acknowledgemt confirming Halifax intend to defend (Dated 12/10/06)
  10. I am have started the money claim today and in the template in the particulars of claim it mentions that I will send another copy of the list of charges. Do I need to do this ? Since the LBA letter was sent the figure has changed as more charges have been applied to the account.
  11. Start the money claim today and I unsure weather to raise the claim against Halifax or HBOS.
  12. Starting this thread on behalf of my sister who is currently being screwed by LloydsTSB. She arranged a loan with LloydsTSB while she was pregnant at the time she told that if needed they would be able to arrange to to lower the payments while she was on maternity. When it came to requesting this LloydsTSB refused causing her and her partner to get into financial difficulties on top this LloydsTSB started applying charges and have applyed a default notice on her credit report which she will be starting to process to reclaim them back. Also my sister has now arranged an IVA (Individual Volentary agreement) to try and elivate the financial situaion during this LloydsTSB has withdrawn £600 from acount in addition to the IVA payments that she is making. Can they do this? Any help with this matter or being pointed in the right direction will help.
  13. Well they are sticking true to the timetable recieved a letter to today offering £956 as a gesture of goodwill, which of course I am not excepting. I have a few questions. 1) Can I merge the reject letter and the LBA letter. 2) Can I include in the schedule of charges the charges that have not yet been applied but know will be applied at the end of the month.
  14. Well recieved the expected response and the expected leaflet well two infact one from the branch saying they have requested information about my account also saying and I quote. "THESE CHARGES ONLY PARTIALLY COVER THE COSTS WE INCUR AND COMPARE FAVOURABLY WITH OUT COMPETITORS" Would really like like to now how much it really costs them if they charge me £63 to pay £1.70 train ticket. They also know this is not going to go away as they have also given me reference number for futher correspondance. Do I ignor the letters and continue with the 14 days or shall I respond?
  15. Well still no statements and its been nearly 4 weeks now. Called them today regarding it and they gave me the usual response of been lost in the post. They have re-ordered yarda yarda yarda. They will have recieved the prem letter today so let the fight begin.
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