CAG Flyer A4.pdf

CAG Flyer A5

CAG Flyer A5.pdf

have been was the name of a town called THURLES written in capital letters. does this affect the

agreement in any way

I was reading some threads re- PPI charges and how to reclaim and calculate etc.

I put an SAR request and I received 2 parcels of paper work as my bank account goes back to 1999 - one of the first direct customers.

I was going to through my paperwork and realised that the gentleman who prepared the papers for my request; wrote me a letter stating that:

"He was unable to find any documents/statements for "february 2005 and May 2005 (inclusive) and apologising"

I am very concerned with his response.

Is anyone able to help me what I should do?

Thanks

Sorry to post on a new thread, but no-one has replied to my original one and I need help on this!

I had a stay put on my HSBC case, I put an application in to remove it without a hearing and the judge has come back to say he is will give me a hearing.

As a result I have no idea what to expect! The main thing apart from the letter I wrote is I believe I need to evidence that HSBC are still settling cases. I hope that even 3 or 4 case will be enough to give me the edge. Has anyone had settlement letters or been settled in the last few weeks? The more recent the better I guess?

Anyone got any pearls for me?

Thanks,

Penfold

i think he is wrong to lead people to think more people get paid out befor court than after, Its my experience that people are scared to push banks and lose out, The banks do force people to issue court action because more often than not they dont pay out just on the letters. so Martin please please dont tell people its easy, as its not as easy as you say. Thats why the court system is in meltdown. So get off your soap box and tell it like it really is

URGENT MESSAGE:

Have you all seen this: http://www.actionfraud.police.uk/what-is-fraud., this is possibly one of the best web pages on the internet, it defines each and almost every type of fraud there is (....so far as we know...!!)

More importantly it gives EVERYONE the chance to IMMEDIATELY report a possible or actual fraud which has taken place and which they have suffered (not just financially) from.

I cannot put into words how strongly I recommend everyone who has had dealings with Swift/Kestrel/Swift Advances or whatever other incarnations have come out of Arcadia House, including J W Godfrey, Swift Legal Services and any other 'associates' of this despicable organisation, or indeed all/any other financial institution that is treating you unfairly,to lodge a complaint via this website.

The website is devoted to dealing with the Crime of Fraud and will provide you with an almost immediate Crime Reference number, which can of course be tendered as evidence in a Court. It may be useful to many people, especially when you consider that Criminal Law always takes precedence over Civil Law.

As always

Best wishes to all

Dougal

If you are suffering from hardship and have started the process you should make sure your bank is aware that you are suffering from hardship. If you are about to do your preliminary letter you should point out in that letter that you are suffering from financial hardship and therefore the bank has a duty under the FSA waiver agreement to process your claim. Give a brief outline of your circumstances and provide evidence if required.

If your bank refuses to process your claim you should report them immediately to the FSA. This is a clear breach of the waiver agreement and the FSA are currently reviewing the waiver. The more evidence they have of the banks abusing the waiver the more likely the FSA will lift the waiver.

If the bank processes your claim they should write to you within 8 weeks telling you of the outcome of their enquiry. If the result is unsatisfactory you can then take your complaint to the Ombudsman.

The waiver agreement does not apply to the courts. The FSA does not have the power to compel the courts to do anything. Thus the courts are not obliged to lift stays on the grounds of hardship, although, they are obliged to consider cases on the individual merits and some courts may be persuaded to lift stays where a stay would cause hardship.

Can anyone tell me if I can go after LLoyds even though my case was originally stayed. Has the situation changed?

Would really appreciate advice.

Thank you

If you have a case in progress, or you have just won/lost one could you post details below. A link to your thread would be good too.

It would be good to have such details as,

What stage are you at,

How long has the process taken from applying to where you are now,

If possible, could you post any letters or judgments you have received.

A link to your thread would be useful.

A reminder.

Although the banks have a ongoing test case with OFT there are a number of reasons why you should continue to claim at court now.

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Although we believe once you start your claim you should still be able to claim these, don't take any chances. Take your claim to court now and those charges are protected.

When the stays are finally lifted, you will be one of the first in the queue to get paid.

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

Thank you for any help you can give

Lex

I've received a General Form of Judgement by post between myself and Alliance & Leicester (Santander) from my local county court.

It is ordered that

1. The claim be stayed generally.

2. Either party may apply to remove the stay on application to the court

It's been a while since I started this case off and have forgot about it since the Supreme court ruling.

Is there anything I should be doing or is everything lost!

Strikeback.

I've received a General Form of Judgement by post between myself and Alliance & Leicester (Santander) from my local county court.

It is ordered that

1. The claim be stayed generally.

2. Either party may apply to remove the stay on application to the court

It's been a while since I started this case off and have forgot about it since the Supreme court ruling.

Is there anything I should be doing or is everything lost!

Strikeback.

What I say, will have no legal implications whatsoever, there will not be a change in the law, and my comments will melt away like a snowman in summertime.

It me when I see lenders blatantly abusing Section 78 disclosure requirements. Yet again I've received DIFFERENT supposedly 'TRUE COPIES' of an executed agreement where the interest rates/APR's do not match up. For those in the legal profession............. I've even received TTC on an assumed £1500 credit limit for agreements PRE 1999!!!! I'll let you decide if that's correct. These problems tend to come to light once proceedings have been issued for different reasons.

Just waiting to see how our applications to amend POC's will go especially when the solicitors acting on behalf of the lenders see absolutely nothing wrong in providing these different documents.

In principle, Carey was correct, but it has unleashed the worse in some lenders so I'm beginnning to change my position slightly.

That's my moan for the day.

want to appeal it. (permission for leave to appeal, appeal then reinstate it into the claim),

due to the fact that the charges are being disputed,

& liability lays with the bank for misinforming the customer into making decisions that caused them to incur a substantial amount of charges.

then, the usual harassment and nastiness, refusal to sort the situation out when they are liable.

can anyone please advise:

1. any relevant sections of case law/terms and conditions that this breach could be supported by

2. any other cases where this has happened and claimant has won, references and on what basis.

3. any OFT information, data protection, parliament statutes for breaches of t&c's

4. i have original agreement if you want to look at that too.

also any grounds to include for appealing it due to charges not simply being "unfair" and overruled by the OFT test case at supreme court but actual messing around by the bank causing these charges then not willing to put it right, just trying to get the charges situation struck out, would this breach they have caused fall under the charges part of a claim? i would think so.

I had a claim against G E Money for charges on a Burtons Store Card which was put on hold by my local court pending the bank charges Test Case. That was last year and I haven't heard anything about it since.

I have a thread which explains it all in the Store cards section:

Penny v G.E. Money

I would be grateful if anyone could have a look at it and offer some much needed advice cos I have been stuck with what to do with this for a while.

Thanks,

Penny.

its my first time i have used the site so be gental with me i dont now were to start but hear i go

back in 1999 i was charged o/d fees i made a complaint to barclays to refund the charges and i then asked for then to send out documents in which they did since the complaint i had not recived a responce and as this went on it past my mind untill it came to light in the press i rang them up and they had said it had been put on hold i then chased this up again and they said they could not find the account detais

and said this coplaint had now been closed i went to the branch with the letters from the documents to prove this account was held hear she photo copied and sent it of

during this time a new complaints number was given but they got mixed up in the complaints and put them all together

i also added some things i had discoverd whilst looking through the documents is that

they had my surname spelt wrong

i had rang barclaycall to tell them i had reduced a sto from 100 pound to 25 pound

this had not been carried out and it made me go over drawn

my post code was wrong

and it also says that i wsitched 10.000 from savings to current i have never had 10.000 in me accounts

i recived a letter saying this matter has now been dealt with and no refund is due but nothing about the errors they made just pointed out the sc ruleing

i also told them that when my pay was put in it was taken up in charges i was offerd 2 resolve loans

but at the time i think i was taken advantage of as the charges kept been put on and the bank manager was just no help at all and this became personal and she offerd no help at all i know her name still as this was in 1999 /02

thanks for any help

Can anyone clarify the following for me??

On the 22 Aug 07 i received a letter form the solicitors representing Lloyds TSB offeriing a goodwill gesture for the full amount. Within this letter it also stated the OFT test case and that within the near future all cases will be stayed until the test case completion.

On the 30 Aug 07 i received a letter stating that the case had been stayed though i originally refused there first request.

As i had not heard anything from the either parties i contacted the solictors today and they have stated that due to the test case being proven in favour of the banks this case was effectively over. Even though the bank had offered to pay me the sum and i had formally accepted. To me this was obviously not a goodwill gesture in the first place...

Is this right?

I have had a court case against tsb for unlawful bank charges, which has been stayed for over 2 years. I have been harrassed by Lloyds for years for a debt of £800, which I have refused to pay as the court case against them is for more (over £1000).

I have never heard back from the court since.

I have told them, their debt collectors Phoenix Recoveries and their solicitors Bryan Carter's 2 years ago that I have a case that has been stayed.

However after not hearing from them for months I have now recieved a court claim in the post from Northampton court (mcol).

I'm not sure what to do now, I know i need to defend the claim, but not sure what i need to write, is there a standard defence for being sued for an account that is in dispute due to tsb staying a hearing?

Or do i request for a strike out also on these grounds?

Do i need to write to the solicitors to ask for all details that will be used in court?

Also as i have not heard from them for months surely they cannot start litigation so soon, I believed that they had to prove that they had exhausted all avenues before starting litigation.

Also on their claim form it says i have agreed to pay monthly installments which is false.

If anyone could help or point me in the right direction it would be very much appreicated.

Dan.

Needing some advice about a bank charges claim I have/had.

Because of my job, I was often away from home and so to try to reclaim my bank charges I used a reclaims firm - FinancialClaims UK - to do this on my behalf. Their fee was 10% and I began my claim against HBoS in May 2007.

Almost 2 years later, the claim was filed as a hardship case after I was made redundant. FinClaims sent me the forms, which I filled in and handed them to my bank. FinClaims also challenged HBoS under a breach of the Banking Code.

All seemed well, until the Supreme Court ruling came through and HBoS denied my claim. I enquired this with the claims firm who told me that they had filed my case under UTCCR but in light of the SC ruling they would now pursue under Hardship and the British Banking code - something they were already supposed to have done.

That was in January this year. Since then I have seen or heard nothing - no letter, no email, no phone call. I've tried sending them emails, phoning them, writing to them at their office address in Feltham. Nothing in response.

I suspect the company has done a runner in the wake of the SC verdict. Their original website is still active, but if you browse to the homepage it redirects to another website under the company name. Using Google's cache I was able to browse the original site, but when you click on the homepage link, the original site displays a message "the financial claims service and this website are no longer running."

I've no idea now what has happened with my claim; whether it is dead following HBoS throwing it out after the ruling, or if FinClaims have filed it in court and its sitting in some court 'Intray'.

Further investigation suggests FinClaims were a subsidiary of the solicitor Robert Brand & Co, London and seemingly a [problem] to harvest bank account details if some online reports are accurate. FinClaims are/were registered in the British Virgin Islands but have MoJ licence and Data Protection licence, both of which I checked out before signing up.

Thankfully, I never paid FinClaims any money up front but its annoying to think I've wasted 3 years with this firm. Even if i restarted my claim - either on my own, or through a claims firm - I'll have lost 3 years worth of charges reclaiming. I've complained about FinClaims to the Ministry of Justice and Trading Standards in Hounslow, and asked for more information about Robert Brand from the Law Society/Legal Complaints Service but I'm not expecting anything to come from it. I'm also considering informing the police as to the perceived [problem].

But, i suppose, after all the above, this post comes down to asking the question: Can I begin the reclaims process again?

I'd really appreciate some advice on where to restart things now. Should I write to bank telling them that I would be happy to settle out of court if they were to refund all charges in my original claim [including the 8% interest I added back in 2007] PLUS additional interest that I've been deprived of since their request to have the case stayed when in actual fact they had no right doing so?

Or...

Should I contact court and get stay lifted and update particulars of claim to add more interest on??

Some pointers of how to proceed would be most helpful.

After the judgement of the case is made public on Weds 25th November what action should I pursue in order to get my claim resolved.

As outlined in our last letter, the bank recently told us that hereon in it proposed to 'defend' complaints that its default charges were illegal or unlawful as it did not believe that it had done anything wrong, nor that any refund of those fees was warranted. However, in response to our enquiries, the bank undertook to provide fuller details/evidence to support its position once it had obtained advice from its external legal advisers.

By way of further explanation the legal action brought by the OFT against the banks is to determine whether it has the power to investigate default fees levied on personal bank account customers. Whilst the judge found in favour of the OFT at the hearing in April 2008, the banks subsequently appealed that decision and the matter has been referred to the Court of Appeal. Because business accounts do not form part of the current OFT investigation, as industry regulator the FSA instructed banks to resume dealing with such complaints. It is for this reason that we have been able to consider complaints about default fees on business accounts.

I acknowledge that you contend the default fees levied by the bank are disproportionate to the cost it incurs of performing the task - your argument therefore appears to be that by acting in this manner the bank is charging a penalty and thus is breaching 'common law'. However, the gist of the bank's initial response is that at the OFT High Court hearing in April 2008, the judge expressed the opinion that such charges would not be considered to be penalties; it follows that the bank is of the opinion that it has not breached common law, nor done anything unlawful. Consequently, its argument appears to be that there is no requirement for what it charges to approximate to its costs.

Nevertheless, until we have received and considered the bank's submission in detail, it is not possible to assess properly the validity of those arguments. In the circumstances the purpose of our last letter was to make all those customers so affected aware of the bank's stance given the effect it undoubtedly will have on the resolution of their complaint. We will keep you updated as matters develop.

Mel

So its bundle time for me.

pete

Last week, I was diagnosed with terminal Lung Cancer, and given 3-4 months to live.

As these card debts are un-secured, will the debt die with me, or will my Sister, be hounded for payment, as I live with her?