In for a penny!!!

[doo]

Yep, gonna be around for quite a while yet, but we may all end up twiddling our thumbs if all our bank cases get stayed because of the OFT. Do we know if this is definately gonna happen?

[sea-sidelady]

The courts are still continuing the claims.

 

Look at this...

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107696-what-courts-carrying.html?highlight=carrying+on

[sallysas]

'Never let the truth get in the way of a good story' then. Birmingham courts were open for business as usual yesterday. Course we could be lazy and do nothing untill test case is over but that could take months and I bet there would be no lovely 8% on top when finding in all our favours.

[sallysas]

Well, I filed at court and they have said they intend to defend (but they said that last time). They have till the middle of this month when I am on holiday so perhaps I will be checking my balance and have a lovely surprise. Mind you I am going back very slightly over the 6 year period. Will be lovely money whenever it arrives.

[kennythecelt]

Best of luck Sally and enjoy your hols when they come!!!!

[sallysas]

Thanks Kenny. Off to Cropredy folk festival on Thursday and then to the Forest of Dean camping till august bank holiday. The sun is shining, we shall be with friends and my eldest is coming to the Forest for a few days break from his basic army training. Being in Scotland I suppose holidays are behind you now. My Sarah wants me to take her to a 'proper' motorbike weekend in August next year near Inverness. Why not?

[kennythecelt]

Sounds lovelt, been to Forrest of Dean and really enjoyed it!

Sun ain't shining up here just now though, although we have been really lucky up till recently!

 

You will enjoy Inverness and the area around it. Try to tour the Black Isle area, not that far away.

[**Tilly**]

hope the weather stays fine for you sally cropredy

is lovely in the summer but im sure you will have a good hols what ever the weather

[sallysas]

They have also sent me 15 duplicate statements instead of going back to whenever. Will be sending them a stern letter giving them 28 days (which seems ample time to me) to provide information requested.

[sallysas]

Back off holidays and AQ has to be returned by 28th. For the 1st time ever I have received a copy of a defence from their solicitors which states they will be asking for a stay. Just going to file draft orders as normal and appeal if necessary. Hope I get a good judge.............

[sea-sidelady]

They do seem to be sending out a standard defence.

 

Have you checked to see if your local court is staying claims.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

[sallysas]

Yes, on a case by case basis. In your expert opinion, should I add something to section 'G' asking for stay not to be considered (under human rights etc.) to pre-empt their doing so as I don't want to fork out £35 (which I can't claim back!!).

 

Have you had a good holiday?

[sea-sidelady]

Have you looked here, as everything you need for section G is in it.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

Although you probably have it.

 

Congrats on turning platinum

 

I havnt had a holiday this year, too much personal stuff at home, but cyprus next year.. :D

[sallysas]

Platinium. I hadn't even noticed, when did that happen?

 

So I just amend GaryH's excellent argument as I thought. Having been on hoilday I now feel very stale.

[sea-sidelady]

Dont worry, it wont take you too long to get back into the swing of things!!

[sallysas]

Too true, too true. Been sat here for a few hours beavering away with letters. Still trying to get data for my 3rd and last claim - EVER - against Halifax.

[kennythecelt]

Hi Sally.

Hope you had a nice holiday, congrats on platinum and good luck!!

 

Nice to have you back!

[sallysas]

Ahhhh, thanks. Can't wait to get back on top with my paperwork and then hopefully be useful to other cagers.

[kennythecelt]

Ah, but you are definitely uselful to all caggers!!!!!

[sallysas]

Had a default notice from Visa yesterday giving me till the 18th to cough up over £230 pounds to bring account into line. No warning leter prior to this and I am making regular payments via cccs. Naturally I rang them and their employee at the other end said I was supposed to make extra payments to bring account up to date. She said they had waved charges all this time but that did not cover the arrears I owed (HEY?) so if I do not cough up they will be passing my account to an outside agency. My statements had told me the amounts I was supposed to make she said but I stated that the amount I could afford had been reached by agreement via cccs. I told her they could not do this as the account is in dispute but she just ignored me. My N1 has been served now (is this why they are reacting) so can anyone tell me how to proceed now. Have sent e-mail to cccs keeping them up to date on this. Thanks in advance, Sally

[overflow]

Hi Sally

 

Seeing as youve already served your N1 I wouldnt worry.Just go with the timescale once youve recieved the Notice of Issue.

 

Even though they ignored you about the default , I wouldnt worry too much about that either.

Dont think the Court would look too kindly on them passing your account over, as long as you have the proof that you have made arrangements to pay whatever and you have kept your side of the agreement then I think you should be ok.

If your worried though you could always inform the Court of the letter youve had and see if they could offer any advice about it.

 

Good Luck anyway with your claim.

 

Regards

[sallysas]

Can anyone point me in the right direction for 'account in dispute letter' as I'm being 'slow' this morning....................... :-?

[**Tilly**]

hi sally have found this it might be what your looking for

S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.

[sallysas]

Ahhhh, thank you. I looked at this (only had one cuppa) and thought it didn't apply. WELL YOU CAN AMEND IT DUMMY. Will compose letter over the weekend adding and amending this in. Will also copy court into correspondance. Oh what joy..............

 

Postman has delivered letter for claim against bank a/c today so another 28 days countdown begins. Could do with some money for Christmas too.

[sallysas]

I am writing in response to your letter of xxxxxxxxx 2007.

You know by now that I have made a claim to the courts about your unfair bank charges as I have received an Acknowledgement of Service from the court indicating that you have until xxxxx 2007 to file a defence.

Your letter states that I must make a payment of £xxx.xx before xxxx2007. Since 2005 you have been receiving regular payments via the CCCS who have the responsibility of ensuring all my debtors have a fair share of the money I have available to clear my debts. I am therefore not in a position to increase my payments to you at the present time. May I point out that in December 2006 and January 2007 you charged me £80 in overlimit and late fees without prior notice as the agreement between us apparently needed to be reviewed. The review was subsequently dealt with by the CCCS and yourselves but this figure has obviously been included in the arrears of £xxx.xx mentioned in your letter and I take the view that far from assisting me in reducing my debt you have managed to increase it given that the CCCS are currently making payments of £6.00 per month.

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that as I am disputing the sum owed you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

 

This is the letter I am proposing to send off next week Will it do and would you, dear readers, also send off Notice pursuant to s.10 of The Data Protection Act 1998 as well. I will naturally be sending off copy of my letter and Halifax's for the courts information.