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bennyowen

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Everything posted by bennyowen

  1. folkynewey, Avoid Welcome finance if you can. Not a good company to deal with. They are quick and happy to give you a loan but headache later. The advertised deals are not real - there are catches. I will call them Loan Shark with a viper's sting.
  2. stevvieboi, Apart from the interests (which I am not sure), if you have paid any penalty charges in the past as a result of late/missed payments, you can claim them back.
  3. I don't think it is anything to do with holidays. The courts seem to be resisting the idea of bringing the banks to book. I don't know whether to call this preferential treatment.
  4. You should not add new charges to the spreadsheet at this stage. It is better to complete this case and then start a new one. All sorts of problems will be introduced. I will suggest that you manually subtract what they have paid from the total claim and request the balance. Don't worry about few pounds and pence of interest added.
  5. PR Girl If the debt is made up of outrageous penalty charges then start off by requesting your statements from the bank. Use the SAR letter in the library. They may become one of your debtors! Letter Templates Library: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/
  6. Cetelem UK Limited is not owned by Halifax as at today's date. It is the financial company attached to Land Of Leather. Formerly called: Halifax Cetelem Credit Limited. Details from Company House today below: CETELEM (UK) LIMITED LEO HOUSE RAILWAY APPROACH WALLINGTON SURREY SM6 0XX Company No. 03610034 Send your claim request to Cetelem if they made the charges against you. Otherwise send it to CFS.
  7. The fine at burnley, S&B Parking, is excessive and unenforceable. If I were the defendant, I would pursue an appeal. £90 for a parking fine paid within 28 days but £150 after. The case fall foul of UTCCR 1999.
  8. Did you join your partner in signing the loan agreement? If yes, then it is a joint liability for payment. On default, both of you are equally liable and you cannot remove your own name until the full loan is paid. If the loan is not secured on the property, they cannot have a charge on your partner's home. Ask more questions if you are in any doubt about anything.
  9. lisa11 I am not sure what you stated in your particulars of claim. Also, I am not sure you submitted the schedule of claim for charges (spreadsheet) as part of your claim. Remember that the spreadsheet is the breakdown of all the charges you are claiming. In your particulars of claim, you would have indicated your reason for wanting your money back. Please let us know the wording of the particulars of claim exactly as you submitted it but without the personal details. And also confirm if you submitted your spreadsheet. Also, write the wording of the court letter without personal details. We will then be able to understand the court letter sent to you and provide valuable advice.
  10. Harvey32, Do not panic because a lot of people have not had a similar experience. However, the evidence exist that you submitted your bundle. The court may be overloaded with paperwork and may have misplaced your bundle. When you call them tomorrow, ask them if they require another copy of the bundle they misplaced.
  11. The ground for arguing a parking charge issued by private companies is simple. The charge imposed for breach of car park terms and conditions is unfair, pursuant to The Unfair Terms in Consumer Contracts Regulation 1999 (UTCCR 1999), specifically paragraph 1(e) of Schedule 2 “requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation.” My suggestion is for janon to request cancellation on the disability ground in the first instance. If they insist on enforcing the charge, come back to the forum with their response. We will then draft a final letter containing UTCCR 1999 Schedule 2 (1)(e) as shown above. Do not be intimidated by these private parking companies. I recommend the law kit called: Fight A Motoring Ticket Kit by Jeanette Miller (available to buy in this forum)
  12. bennyowen

    Me v Abbey

    Mark71 I would suggest you go ahead with the second stage of your request - LETTER BEFORE ACTION (LBA). After the 14 days required for the LBA elapses, you can progress the case to court as normal. However, be aware that the case may then be put on hold by the court as a result of the proposed test case. At least when the test case is finally won, you will already have your case in the court process rather than starting.
  13. chrissie12, You can claim your money back even when you are in debt. When you win your claim, the bank will deduct the amount of your claim from the total amount you owe them. That will be a breather for your current debt problem. You have to start with your first letter called SAR. Don't be afraid of the current problems the banks are putting in the way of claimants. It will only take time, the money will be refunded. The length of time will give you more interest if the matter gets to court, which will certainly happen if they do not settle in time. Good luck
  14. joice, The money is rightly yours like evryone else here. Don't be bullied to a surrender. Everyone here is with you. If FOS cannot perform, be patient for the D-Day, the banks will surely loss the fight. They can only delay.
  15. mrsdepp, Make sure you keep to the payment arrangement you planned. Try to avoid giving out telephone numbers to these companies and insist on written response. The following link will show you a link to a template. Amend the template to suit your need: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html
  16. BerryN Different rules apply depending on whether the ticket was issued by a Local Authority Warden or a private company. If a private company issued, you can challenge the ticket using UTCCR 1999 1(e). The company is expected to charge for its actual cost of your default. You got into a contract with the company for using the car park area operated by the company. The company is not expected to profit from your default - the law forbids that. Read (UTCCR 1999): Statutory Instrument 1999 No. 2083 UTCCR 1999 1(e): requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation; The Local Authority ticket takes a different approach, I am not sure of that. Good luck
  17. A letter, fax or e-mail (if you have it) will be more suitable. You should be able to keep a copy of all your communication with the bank. Telephone calls do not meet that need well.
  18. In my opinion, if they offer all charges back plus court cost plus 8% statutory interest, that will be cool. I have not seen a lot of people getting contractual interest, however some people are getting it paid before court hearing date.
  19. I will suggest you take the wasted cost breakdown with you to court. You must not forget that the case may not be heard in court if they settle before court date. Prepare the wasted cost for after the settlement, before or after the hearing date.
  20. Full report is here too: http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf
  21. Here is the link: http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf
  22. RedCEL, The following link will help you at this stage: http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523
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