This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Stop Press Max Cliiford feels sent an email, this is not his forte so must represent bankers

The case will be heard before a circuit judge and then presumably appealed in the Court of Appeal. I emailed Max Clifford on Wednesday, we live in hope. I intend to seek publicity next week and am considering which media to use, press or television.Would like to have slogan short enough for T Shirt and also to be used as a email address. Happy for site to CAG moderators to contact me it is the last chance saloon and must be done properly. Even if I am only the face of a national campaign I will be happy just to close this argument for good. Will keep my eye out for the best logo but need to decide quickly. Is Martin Lewis all talk or will he join in, who knows.

Thanks for not shooting me down, there are a lot of comments on here but it needs someone to stand up, i will be selling T Shirts and Car Stickers initially to raise what someone has put at £50k and someone else £250k. All surplus money will go to childrens ward at two hospitals. I used Section 5 UTTCR and Section 140 CCA Act. I have to put together a top legal team and fund it because the Nasty Bank have decided quite rightly this is the alternative test case. anyone attempting to lift a stay or issuing a fresh claim is wasting their time because the banks will threaten huge costs and the Nasty Bank have told ne they will throw more money at my case because of the ramifications. I now need to either find a publicist or some media contacts. If I don't contact the national press or television they will soon seek me out so I am up for being the face of the alternative line to the OFT but if do not have the right team or funding I and ultimately everyone else will end up like England when we faced Germany and this will be dead for all of us. My Particulars of Claim therefore is templated everywhere but only the Govan Law Centre has had a go and that is not English Law which is where it must be tested. I await the decision of the Southend Circuit Judge to give me my date in open court, I am happy for anyone to turn up and support me. This case can be won and we can restore the status quo so long as my team is good enough and I have paid them. For my sinns apart from anything else I have stated I am also an Accredited Mediator affiliated to ADR Chambers in London and they can assist me in fining the right team but I must find the right price and be funded somewhere so anyone want to find me a good slogan which will fit on a T Shirt and as many offers to purchase or any other backing on offer thanks and I will try and keep the site informed however it is not my site and I cannot steal the sites thunder especially as they do a good job so posts will be toned down and whilst not trying to ignore anyone responses will be limited.

This is not my site its the moderator, my one and only comment is to someone who wants everyone to put in a kitty and have someone stand up, i am standing up and the story ends there. If the moderator wants to go with this he will contact me if he does not he wont. It is presumably me in the echo it will get publicity as it rolls on. I have a QC who has worded a press realease and represented me in court and will do so further down the line. its simple someone stands up and is shot down or walks tall, end of. This is it the argument that so many including Martin Lewis is now being aired in England and Scotland with at the end of a day a result, what that result is we will all know at some stage and then the chat and hype ends once and for all finito. Sone wont like it some will but matter closed real soon. If I win I get £4k and my few remaining cases, others were paid out prduces income spread between advisers, if I lose end of me, if I am prepared to do this you may not wish to support me but dont knock me for bringing an argument raging since the supreme court with lots of hot air and no gusto. Just wish me luck, i probably need it.

Please tell me if you do not want me to post on here. In 2006 I was assisting clients and sent a message which did not really go anywhere, in 2007 I set up and regulated a CMC but did not ask for money up front. As a few remaining cases are stayed I have tried to lift them but the dreaded threat of financial costs to the client emerged. I am not afraid of publicity or standing up and being counted so in March using the new arguments I issued a claim against the Nasty Bank as an individual and if I fall it is me that gets stung with monsterous legal bills. I intend to seek funding and go public and if there are any surplus funds or I win and get costs I have already arranged donations to two Childrens Wards Neptune in Southend and Rays of Sunshine in Kings College. I have a grandson born at 24 weeks and one pound six ounces who survived but has never left these two wards and I agree that 60 million people in the country throwing in a quid would do nicely for the charities and fund my case. It has been deemed by Cobblers to be a test case and their "key" witness whoever that is wants to avoid 20 days in September because his wife is having a baby, lets hope it doesn't need my charities. I will publicly seek financial help because if I win you all get paid and if I lose you do too. My case is not ill fated such as the OFT and i will be asking for all claims by banks against individuals for debts made up partially or wholly by bank charges to be stayed pending a high court test case. The trial which is where we are will be held in Southend County Court circa September/October with the loser going straight to the Court of Appeal then Supreme Court and European Court. If I have the money and public backing I will not walk away, be coerced, frightened or paid off. While cases have been stayed I have assisted clients with Defences for repossessions and County Court Claims in Essex on an hourly rate with glowing success. All clients come not from advertising but articles written about me in the local press and word of mouth. I have a small staff of 5 including me. Please forgive me if the powers that be do not want this post I can talk offline. My mobile is still operable, my landline has changed. Bank charge reclaims are dead unless someone makes one huge last ditch effort, it aint gonna be anyone else so **** or bust it is me. Perhaps a moderator wants to discuss this before I do my press release edited by my barrister. I have not used this site to feather my nest only to see updates during the stay to see if anyone knew any more than me when further announcements were being made on lifting of stays.

Please consider signing the above petition located on the number 10 downing street website. The threshold for bankruptcy was raised to £200 in 1976 and £750 in 1986 and has not been raised since. Most tenancy agreements state that the agreement ends upon bankruptcy. Some sensitive jobs and many homes are lost on bankruptcy. The purpose of this petition is to stop the abuse of the system by councils who will bankrupt an individual if he or she falls behind with payments and has their instalment agreement withdrawn and cannot pay the whole balance remaining in one lump sum. It will help others out who are pursued for sums between £750 and £5000. If there is a legitimate claim against a creditor for mis selling, unfair charges or associated arguments the answer to many questions on this site is no you should not go bankrupt nor should you take out an IVA. If you want to reclaim money that a bank owe you and there is no debt you should pay £10 for statements under the relevant legislations, however if you are pursued for a debt that includes charges then you should not pay £10 because you require the information for your benefit not theirs. The onus on a claimant or creditor is to prove their case, a creditor that does not provide all statements showing how you went from zero upon openiong to where you are today has not substatiated his claim.

Loans.co.uk Ltd have issied redundancy notices to their staff and if redirecting you they may be buying time. They are being served Part 20 notices under directions of a District Judge to be added to a claim.

Bought car April 03 financed by GMAC, got into arrears and had a summons for repo, appeared in court and Judge made posession order suspended on basis debt was repaid at the rate of £200 per month. Sent cheque on Nat West bank account, it bounced, did not konw, Nat West were the only bank that levied charges with a policy not to send out confirmation letters. GMAC failed to contact me or represent cheque. At a much later date got SAR documants which at the time said "04/04 reviewed chase customer either for replacement funds or issue out for recovery" "05/04 £200 cheque bounced we are chasing a replacement payment" the vehicle was repossesed on 6/04/06 with no contact or prior warning. Next entries were "09/05 reviewed seems vehicle was reposssessed on 6/4 good result". I could ask if I had a claim against Nat West but my real issue is this, the purchase price included interest over 5 years, if they rebated interest and rebated the amount recieved for the vehicle and advised me of the shortfall then I would have contacted them and arranged some sort of repayment, they insist that the full interest is payable. I was not advised what the proceeds of the sale was, I did check my credit file last year and GMAC is shown as settled so i assumed they did rebalte the interest and sold the vehilce and the shortfall if any was not significant and was written off. This week I recieved a letter from DLC acting on behalf of Hillsden claimingthey bought a debt on 1 July 2008 from GMAC for £3948.45. There has been no contact from GMAC since the day the vehicle was repossessed apart from the response to the SAR request on 11 October 2006. Can they charge interest to March 08, could they repossess without contacting me and as Nat West had a policy to bounce items and not inform account holders by post and there is an OFT case to decide if this was a penalty charge by the bank, [obviously there was a bank charge] are they partially responsible for the debt and loss of the vehicle. I was of the opinion they took the car back due to arrears, sold it and were not out of pocket so I was going to put it down to experience and as time went by forgot all about it and was happy to let it go, what now.

Thanks for the feedback, I just think that the landlord could have accepted that rent would be paid by benefit and there would be a delay in getting backdated payments while the benefit claim was processed. The other issues of safety he should have known about and will have to redress the situation before he relets.

The council state that glass panels in the internal doors are unsafe and wiring is old in the meter and fuse box area and to the kitchen and bathroom and not up to standard and that until work is done they will not allow the landlord to relet, the landlord is going to be ordered to make good these issues while I am still in occupation. Was or is the letting agent or the landlord culpable at the point of letting and was or am I in any danger if the property is not up to the standard required on health and safety grounds. The property was rented with a panoramic sea view the width of the living room and this is reflected in the rent, can I be compensated if the view is totally blocked by scaffolding for 50 days because repairs to the roof are undertaken by a scaffolder who has a financial interest in one of the properties in the block and he does the repair in his spare time to save on costs when his only real qualification is as a scaffolder and not a roofer. Rent is only in arrears while a benefit claim is processed and once benefit is recieved rent arrears would be cleared and future rent covered. Can the landlord apply for a court order when he knows that by any hearing date rent arrears will have been cleared. Should an electrical certificate be in place and if there is one how often should it be renewed. The property clearly should not have been let under health and safety rules and the council are taking that up, I have an issue with the rent reflecting a view I lost for a period of time and I have been honest with the landlord about financial difficulties and the benefit application. Has the landlord breached the tenancy agreement at the outset on health and safety issues. If so what remedial action can be taken. I intend to stay if possible. Sorry if this was or is unclear, hopefully this is more understandable.

I moved into a flat on 2 March 2007, the flat was offered by a letting agent. I did not have any tgood references but had savings so i paid 6 months up front and one months deposit to the agent and obtained a receipt. This opened the door to a tenancy without references. The landlord dismissed the agent after the agreement was signed to avoid commission on rent up front. After 6 months the landlord was besidehimself trying to get me to sign another 6 months agreement which then became a rolling agreement. I need to give one moths notice and he needs to give two months. Rent was paid at a maximus 3 days early or two days late untill March when financial difficulties ensued. I have since applied for benefits. There are 6 flats on 3 floors and i am on the first floor so at the middle level, at the turn of the year we had leaks and advised that repairs would be done soon. I pay above the odds because it is a seafront location with full estuary views. In March scaffolding was erected totally blocking the view, the scaffolding compnay is run by the owner of one of the flats and the scaffolder did the repair work in his spare time. The scaffolding was removed after 50 days. I complained to my landlord when he returned from his 6 week break to his holiday home on the continent and he derided my complaint, he then advised me that he would not accept benefit claimants. Rent die on 2 May was not paid and he asked me at the end of May to leave at the end of the week and he would set the deposit against the rent, i contacted the council who said his letter was not a NTQ, They contacted him and he then issued another one which was also deemed not to be a valid NTQ. The first asked me to leave on 2 July, the second on 2 August and then he employed a company called Landlord Action who will apply on 10 July for a repossession order yet have asked me to leave on 2 Sep. The council visited my flat and found some problems. There should be three doors between the hall/lounge, hall/kitchen & kitchen/lounge, one is missing the other two have full length panes of glass considered to be unsafe, the electic wiring is old and there is no cross bonding in the kitchen and bathroom, there is no eveidence of earthing and the fuses are not clearly labelled, i dont know what all this means other than the council have stated they will not allow the landlord to relet until they are satisfied the work has been completed to there satisfaction, no one has been to do a gas or electric annual check so theremay not be certificates if required. I have made a claim in writing for compensation for the scaffolding blocking my view and advised the landlord of the councils inspection. Where do I stand, was the property let lawfully and is the landlord in breach of the tenancy agreement in respect of safety issues, is the agent in any way liable, who holds my deposit and can i claim compensation. In respect of the rent it has not been paid on 2 may, 2 june & 2 july and benefit claim will be finalised shortly.

There are 2 cases, they have yet to apply to set aside the £170, judgment stands but they did acknowledge the claim in time from the county court but sent the acknowledgement to the High Court Queens Bench Division. The second case refers to the wife which is a seperate case and the defence was served on the 28th day. An allocation questionnaire has now been recieved.

SOUTHEND COUNTY COURT CLAIM 6SS01955 DEFENCE 1 This defence is filed and served without prejudice to the defendant's case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges [and interest theron] referred to in the particulars of claim or any other sums. In the event that the claimant does not properly particularise his claim then the defendant will apply to strike out the claim and/or summary judgement in respect of the same. 2 On allocation the defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. 3 The claimant's claim is based in contract. Despite this and contrary to CPR part 16 PD paragraphs 7.3-7.5, the particulars of claim do not plead full and necessary particulars concerning the contract between the claimant and the defendant. In the circumstances [pending the proper particularisation of the claim] no admissions are made as to whether there is [or has been] a contract between the claimant and the defendant. The remainder of this defence is pleaded without prejudice to this non admission. 4 Save that no admissions are made as to the date when the account referred to was opened, it is admitted that the claimant holds the account referred to with the defendant. 5 In relation to the allegation that the bank charges amount to an unforceable penalty the defendant pleads as follow: 5.1 In order for the claimant to sustain a claim that the charges debited by the defendant are in the nature of a penalty he will need to plead and prove [a] the clause pursuant to which the charges were applied; that the charges were applied due to a breach of contract by the claimant; and [c] identifying in each case the particular breach of contract [by reference to appropriate term of the contract] that the charge related to. As presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of the charges referred to in the particulars of claim have been applied pursuant to an unenforceable penalty clause. 5.2 Until such time as the claimant pleads the matter referred to in paragraph 5.1 above the defendant is unable to plead to the claim brought against it and therefore [pending the provision of full and proper particulars of the claim] at this stage denies that any of the charges have been applied pursuant to unenforceable penalty clauses. 6 In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable pursuant to the 'unfair contract terms in consumer regulations 1999 [the regulations]. 6.1 The claimant is required to identify the contractual provisions that he alleges are unenforceable by reference to the regulations. Until such time as these provisions are identified the defendant cannot [save as appears below] plead to the allegation referred to in paragraph 6 above. The defendant therefore reserves it's right to plead further to the allegation once [and if] the claimant identifies the relevant contractual provisions. 6.2 In relation to the case of the claimant that the contractual provisions are unenforceable pursuant to the regulations the claimant pleads as followes: 6.2.1 Schedule 2 to the regulations is an 'indicative and non exhaustive list of terms which may be regarded as unfair' [emphasis supplied]. 6.2.2 If the claimant is to rely upon paragraph 1[e] of schedule 2 to the regulations then he is required to plead and prove in relation to each bank charge that he seeks to recover the matters referred to in paragraph 5 above and all facts and matters relied upon in alleging that the sums paid are disproportionately high. 6.2.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions [whatever they are alleged to be-see paragraph 1 above] falls foul of the regulations and in particular paragraph 1[e] of schedule 2. 6.3 The defendant is therefore unable [save as appears below] to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. The defendant reserves its right to plead further to this allegation once [and if] the particulars referred to in paragraph 5 above are provided]. 6.4 Without prejudice to paragraph 6 it is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adequacy [or otherwise] of consideration paid under a contract for services is not an issue to be judges by reference to principles of fairness under the regulations. 7 It is denied [for all of these reasons pleaded above] that the defendant is liable to the claimant in the sum claimed as alleged or at all. Statement of Truth The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement. Full name: Lynsey Clare Burgoyne Name of defendants solictor's firm: Cobbetts LLP, Ship Canal House, King Street, Manchester M2 4WB [rEF: lcb/rr1362.100] Signed L C Burgoyne Defendant's Solicitor Dated this 24th May 2006

They will agree to pay in full before the expiry of the 28 days, trust me on this

Acknowledgement for £170 sent to High Court Queens Division, County Court unaware of this.

If it helps my experience of debt collectors who buy debts from third parties write letters which they feel will intimidate the recipient to the extant that they will reply and this confirms the 'debtor' still lives there and may even agree to make repayments. The solution which seems to work is to ignore the letters completely, they will keep writing every month or so and then even though the letters continue the gaps between them become longer and longer. I had a dispute with HSBC in 1998 and the same happened, I did move in 2000 and they found my new address late last year, I complained to the ombudsman that I had not been contacted since 1999 until the present time and as I had not heard from them for 6 years the debt was statute barred. HSBC in response to the ombudsmans letter wrote to me suggesting that I had a right to advise them of my change of address but as it was so long since thay had contacted me they had decided as a matter of goodwill to write off what they claimed was a £16k debt. They did not respond to my points that the electoral roll and my credit file showed my move from 2000 and the company that had bought the debt presumable lost out although I doubt if they really paid a lot for it. Debt collectors will NOT in the mainstream personally visit although the odd one will if they recieve no response from other forms of contact such as correspondence. My advice is if they have charged fees which are now deemed unlawfull AND clear the debt with a little bit left over for you then go for it but if you will still owe after reducing the debt then unless they do take it further letting sleeping dogs lie is a good adage. This is as they say only my own personal opinion unless you know better and somewhere along the line someone will have had different repercussions but most will go the way I have provided information on.

but having done that they write at a later date with 50% settlement, nastywest, bilklays & louse tsbface 7 claims from me, all acknowledged lets see what happens on 24 May, seeking a solicitor to make a test case.

Natwest had default judgment £170 + court fee on 10th May, visited bank to collect, branch refused to pay and legal representatives paid £35 to make an application to set aside and defend in full.

Abbey are taking a pal for between £250 & £400 three times a month, taking £700 next month, placed him on debt management scheme to 'help' him out.

What happens if they cancel the agreement through arrears and refuse to accept an offer to settle in full after allowing for rebate of interest and then via the court repossess and sell. Can they demand the shortfall including interest for 2 years in the future and if not could they repossess if they were offered full settlement after interest was adjusted for early settlement. Thanks

Hi Dave I have watched your site with interest and pursued 7 accounts which are mainly mine or my wife's, one belongs to a ltd company I do book keeping for and am compny secretary and another is a trading as business account for tthe same client as a sole trader. I have asked for statements on sevral other accounts. I have issued 6 small claims in the last 2 weeks on the above 7, the other one was Barclaycard which was returned by the court because I needed to put PLC after their name, I contacted Barclaycard to confirm their tilte was Plc rather than Ltd and they assumed I was issunig for the return of charges. They had already turned down my previous claim but refunded £420 without discussing the matter with me even though a letter suggested that they would only make a partial refund if I agreed a confidentiality clause. I refused but they refunded anyway. I was advised their title was Plc but asked not to issue and a further refund was made of £292 which was my total claim. A week later they reduced my credit limit from £1750 to £1700 but reversed that decision when I adived them that further action would be taken. LLoyds TSB & Barclays have defended and my £300 overdraft has been reduced to zero, I noticed this online but have yet to recieve written confirmation. I have contacted Radio 4 and left a message on their feedback line for a proper transcript of the interview with Peter MacNamara and will find him and subpoena him if necessary. Before the Woolf changes in 2000 I used to offer a small claims service to locals in trouble mainly as defendants as a litigation friend for a nominal sum. I understand that this site is exploding out of all proportion, it will do because of the vast number of victims, my experiences are such that i believe many can do this themselves but many need help. I have offered my services on my local paper on a no win no fee basis with a rider that individuals can do it for themselves free of charge, many have contacted me to suggest they would rather accept help and pay a commission or suggest they would rather have help from the outset. Would the operators of this forum be interested in accepting a commission on cases that I deal with and would any other individuals capable of dealing with these cases throughout the country be interested in doing the same and setting up a network. Apart from assisting locals I would be prepared to represent anyone in court who did it themselves but needed help on the day for a nominal sum of £100 which is equivalent to a days pay plus 2nd class rail fare and overnight accomodation if necessary in a travelodge although I would be prepared to stay in someones house if they could offfer accomodation. A network of paid advisors is cheaper than solicitors, I asked mine if he would be interested in representing a test case and he wanted £750 just to read up on it, as all cases are virtually the same relying on the same evidence there is not much reading to do. I and hopefully others can provide a public service at cheap rates and keep this site up and running and even publicise it in local publications. I know that if the claimant is a business interest can be charged at 8% above base bank rates and I have chosen to choose the Bank of England Base Rates which incidentally I have going back to the first one in 1694 although I wont need that one much, does this apply to consumer claims, this has nothing to do with section 69 upon issue of a claim. Would Dave like to contact me and air his views on this, I have a daytime and evening telephone number if he wishes to chat and it would be interesting for Dave to have feedback on this from members.