disclosure on closed bank account & varied T&Cs

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

It worked. A few more.

[CleverClogs]

Re: disclosure on closed bank account & varied T&Cs

If sounds as if the DCA is Triton Credit Services, who are the in-house momzers for RBS (83% owned by the taxpayer).

[Celestine]

Re: disclosure on closed bank account & varied T&Cs

OK, they've uploaded but unfortunately in some the writing is too small to read!!

Can you email them to me at admin@legalbeagles.info and I'll see if I can get them uploaded in a more legible format!?

Most importantly, we need to see your defence and their POC (particulars of claim) against you.

xxx

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Thank you, Celestine, Springer Spaniel, Labman, Gorang..........I am listening to the music on children in need, it making me more relaxed.............I have posted the T&C if someone could take a look I would be very grateful... going to get a early night.......I have imaginations of the barrisitor and the Judge (who dose not like these types of Claim) having tea and a chat about how to bring this to an end and get it to Trial fast..I don't know how this is fair when one party dose not have access to Legal advice to put both parties on the same footing............

[Celestine]

Re: disclosure on closed bank account & varied T&Cs

No worries, Boxer, get some rest, but get onto emailing me those docs tomorrow if you can, ESPECIALLY the court docs, your WS/Defence/Their POC etc.

Also well done for going along today, very brave, but do call the court tomorrow to try and ascertain what happened?

xxx

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

You do not need a solicitor to instruct Counsel if using the Bar Direct Access Scheme. You simply instruct suitable Counsel yourself, hence you get high quality legal advice at lower cost.

[labman]

Re: disclosure on closed bank account & varied T&Cs

I think this is what Springer is talking about:

Find A Barrister - Public Access Scheme - Barristers offering legal advice and services, find lawyers, public direct access barrister, law, law firm, compensation, solicitor, legal claim, litigation barrister.

and here:

Public Access

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

Yes, and here is Counsel instructed by some other members:
index

[SpringerSpaniel]

Re: disclosure on closed bank account & varied T&Cs

Consumer Credit and Financial Mis-selling on Public Access: -We provide a specialist public access service in respect of disputed consumer credit agreements.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

There appears to be a fee issue when directly instucting barristors the ones that charge less and have less experience need a solictor instruction who agrees to pay his/her bill and they you pay the solicitor. Again a cost issues. The court had not process the Judges ruling i will ring Monday. I will directly e-mail the documents. Thank you again.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Dear Celestine,
I will send you directly the POC, Defence and T&C and application form. I am going to ring the court. I been really stressed all weekend, but I know I have to deal with this. The same Judge last time was not very helpful so I am not expecting good news.

[Boxerdog8]

Re: disclosure on closed bank account & varied T&Cs

Hi All, I have just spoken to the Court, it a long order but it been listed for a CMC (Claims Management Conference) and costs have been reserved. So I have time............The otherside sent me a Trial listing document, (rather than the Court) so if anyone knows what I meant to do with this could you kinly let me know.
Goran I will send a PM is that is ok re document.
Re:Triton - would that mean a payment to Triton would be the same as RBS/Tesco?
Again, thank you.

[Celestine]

Re: disclosure on closed bank account & varied T&Cs

Thanks Boxer, the latest Order too, I'll look out for it all x

Remember to obscure your personal details. (Name address etc)

[Gorang]

Re: disclosure on closed bank account & varied T&Cs

Goran I will send a PM is that is ok re document.

Yeah no problem pm away when your ready

[teaboy2]

Re: disclosure on closed bank account & varied T&Cs

Sorry i have come onboard a bit late on in proceedings here, but i have only just come across the thread today.

Anyway reference them wanting you to disclose details or all your bank statements of proof you did not make any payments, well the onus of proof is on them to prove you did, it is not on you to provide them such proof that you did/or didnt make such payment.

Any reputable creditor would have a paper trail that would include records of credit card details or bank details for which those payments were made by. And they can chase up information as to the account/card holders ID by contacting the bank/card company.

You should remind them that the onus of proof is on them and that they should have a proper paper trail giving details to the bank or card used to make such payments. And it is not for you to provide them with bank/card statements for accounts that as of yet are in no way connected to the accounts they are claiming on.

And thats on top of the fact the accounts seem to be statuted barred and cannot be enforced in court anyway.

I must admit though i did struggle to follow some of what boxer posted, so i apologise if i missed anything key out.

Just to add - In your defense strict them to proof that the card or bank details that were used to make the payments belong to you. Whilst making it clear that the onus of proof lies with them and it is not for you to provide them with evidence which may or may not proof their case for them. It is they that are claiming such payments were made, therefore they must know how those payments were made and can surely prove who made them. But alas, those very payments were made over 7 years ago (correct me if am worng) and therefore their claim based on those payments is out of time in regards to the 6 year time limited under section 7 and 9 of limitations act 1980 and as such can not be enforced.