Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

[Leeway]

Hello! My first post …[its about County Court papers Quandary and debt] but just 'doesn't seem right on a Saturday night' ... so this is a quick Hello to say I'd rather be posting music videos like some others here and wondering if I'll get a Hello back.

Thanks Amethyst for welcome Message

I noticed that there were some seemingly desperate calls for help here the other day re court papers and it looked like there was no response so it would be great to know where to put my post and if there are any listening ears out there?

Situation is regards receiving court papers re defaulted overdraft AFTER I had sent SAR for info to be able to 'set off' with any acknowledged unfair Bank Charges.
(under 5 K) because of the information which they have but do not have to give me until 40 days whereas I have to complete court papers within 14 ... actually by end of this week!

That cannot be fair, I smell trickery afoot :beagle:but more to the point Its the strength of my legal position I do not know and I really don’t want to be prematurely put on the CCJ charging order forced sale trail … that thought shakes me up to the core!

Thanks for reading

Leaway ... wish I had more of that! ...

I will break free of the Minds Mayhem I create, those images of impending doom that I frighten myself with. I have no room for them right now and let them pass

[Hurricane Puffrose]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Hello Leeway,

welcome to legal beagles, yep we reply sorry if you been waiting a while, im not sure how long a SAR should take, one of my more experienced friends can confirm that, but in the mean time, please have a read of this note regarding county courts
I will ask an admin to move this to the right place for you hun

Received a court claim ? - Legal Beagles Consumer Forum

[charitynjw]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Hi again, Leeway,

I greeted you on your other thread, but in case you missed it, welcome again.
see http://www.legalbeagles.info/forums/...161#post261161

For clarification, is the total claim against you <£5k, or is that referring to the potential set-off?

& are we talking bank account, or credit card?

[bluebottle]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Under the Data Protection Act 1998, a Subject Access Request (SAR) must be complied with within 40 calendar days of the data holder receiving the SAR. If the data holder fails to comply, that's when the ICO gets involved.

From what you say in your post, my gut-feeling tells me the data holder appears to have done what they have to deter you from finding something out. That is a potential abuse of the legal process and I would be minded to apply to the court for an order to strike-out their attempted proceedings on the grounds it is an abuse of legal process. I cannot honestly see a judge being well-disposed towards whoever the data holder is, in your case, pulling the stunt they have.

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Thanks Charity ... Just tried sending you a 'Much apreciados' message but it dissapeared cause I was logged out, bit uncertain which thread I'm in and which one best to answer you question but here goes.

Yes its less than 5k for a defaulted overdraft [ Although I have a full complement of CC dedt s which are post CCA request stage but thats another story]..Sorry about bits miissing in my first post, I tried to edit last night but it lookes like it diden't work so here are edited paragraphs pluss a bit more...

Situation is regards receiving court papers re defaulted (under 5 K) overdraft .I received these 2 weeks AFTER I had sent by recorded my SAR for info to be able to 'set off' with any potential unfair Bank Charges.
I can acknowledge part of their claim but I am unable fill out the counter claim section because of they have the information I need to know what I can Claim for.

They do not have to give me this info until 40 days whereas I have to complete court papers within 14 days... actually by end of this week!

That cannot be fair that they jumped he gun in response to my SAR with court papers, I smell trickery afoot :beagle:but more to the point its the strength of my legal position I do not know and I really don’t want to be prematurely put on the CCJ charging order-forced sale trail … that thought shakes me up to the core!

Basically I want to know if I can get banks slicitors to retract Court process because I had already written (signed for delivery) showing willing to resolve issue out of court and that they are wasting courts time plus acting unfairly

I need legal council on this pronto but time is short. I have to respond by end of this week.

Thanks for your input

Leeway

Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of my Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! a nice one please!

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Thanks Bluebottle ... Your comments below gave me some mental ease . do you know if any body here on the forum has had success with successfull strickout in similar situation? If anybody has copy of points to include in letter it would be good.

I did some google research but diden't come up with anything. I'm wondering if there is any reference in guidlines specific to this practice.

Thanks Again

Leeway

Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of my Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! a nice one please!

Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum

[charitynjw]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

When you say 14 days, is this just the 'acknowledgement of claim' stage?

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Yes Charity its the 'acknowledgement of claim' stage and I want to get the court to order a strike-out like Bluebottle writes in above post so I can make make any agreement out of court. Some help with wording would be good so if anybody has previous knowledge of success stories it would be a great help:

Bluebottle wrote -
Under the Data Protection Act 1998, a Subject Access Request (SAR) must be complied with within 40 calendar days of the data holder receiving the SAR. If the data holder fails to comply, that's when the ICO gets involved.

From what you say in your post, my gut-feeling tells me the data holder appears to have done what they have to deter you from finding something out. That is a potential abuse of the legal process and I would be minded to apply to the court for an order to strike-out their attempted proceedings on the grounds it is an abuse of legal process. I cannot honestly see a judge being well-disposed towards whoever the data holder is, in your case, pulling the stunt they have.

Thanks Charity/bluebottle
Leeway
Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of my Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! a nice one please!

Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum





Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Thanks so much Puff for your welcome in th' wee hours and starting the ball rolling. I missread the signature thinking you were Charity who edited the post. I'm still trying to get the hang of posting on Forums ... I've avoided it for years!
Keep Puffing
Leeway
Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of the Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! now a nice one please!

Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum

[charitynjw]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Thanks so much Puff for your welcome in th' wee hours and starting the ball rolling. I missread the signature thinking you were Charity who edited the post. I'm still trying to get the hang of posting on Forums ... I've avoided it for years!
Keep Puffing
Leeway
Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of the Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! now a nice one please!

Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum

Lol, Leeway, easy to tell the difference............I'm the ugly one!

[Hurricane Puffrose]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

you said that chas!!

[charitynjw]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Lol, Puffrose - that photo of me on the mantlepiece in LB Mansions - it's to scare the kiddies away from the fire!!

Leeway - did the bank send you anything which could be regarded as a 'letter before action?

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Hi Charity, just got back ...

Well, bank sent a a Final demand stating I may be taken to court if fail to comply dated couple of months ago. Some weeks later I showed wiilling to resolve matters and included SAR as per my post specificaly requesting info related to bank charges.

Three weeks after writing SAR to bank I received first letter from banks solicitor saying they may be instructed to take court action unless I pay within 14 days. My SAR letter to the bank had resulted in them insructing a solicitor to demand outstanding amount! ...court papers arrived later.

my eye lids won't stay proped up ... got to sleep speak morning
Leeway


Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of the Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! now a nice one please!

Read more at: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night - Legal Beagles Consumer Forum

[Hurricane Puffrose]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

dont panic hun, leave it to this lot, they WILL get you through it personally I would be inclined to send a formal complaint about your treatment to the banking ombudsman explaining you asked for a SAR to assist you in paying the bank, so they took you to court.

[Leeway]

Re: Hello! First Post County Court Mind Mayhem - but saturday nights Party Night

Thanks Puff ... Yes that sounds a good idea, as always an angel out there puffing little puffs of encouragement here and there when needed...

Tell me, do you have one of those things Roald Dahl has in BFG to puff happy dreams through windows as well? ... just asking, cause woke up with a racing pulse this morning shouting " I'll Repair It!" ... as angered hand went for holstered gun

... I live to tell the tale

Leeway

Mind Break Out Sig' :_thedoctor__by_GuyF I will break free of the Minds Mayhem I create, those images of impending doom to frighten myself with. I'll say 'thanks thought for your warning' and let them pass, next! a nice one please!

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