it sounds like debbie has pretty much got you sorted, but if you PM me your email address I'll let you have a copy of my arguments too. You'll see references to various stuff but its all readily available. I'm not clever enough to scan & email stuff but I can at least point you in the right direction. It sounds like the mix up with dates is exactly what's happened in a number of cases - DG have got their knickers in a twist using cut n paste! Finally, take heart from the fact that debs & me were in a virtually identical position to you and we've won. Proof that it's not all going their way... becci

Well I was certainly shocked!! Its a bit ironic really, seeing as I probably only won in the first case because of how SLOW they've dealt with everything!! I think they were just sick of the sight of my name and wanted to get my file off their desks asap!! Debs I've emailed you a copy of my argument. I'd be interested to see what you think. I'll wait til the official paperwork comes through from the court. If the amount on there is the same as what I've got then I don't suppose I can do much about it. I don't see why I should miss out on the interest tho just because they applied for a set aside and failed. I'm sure its worth a letter to DG but, having got paid what I have, I'm not gonna make a huge fuss about £45. xxx

money in the bank - woo hoo!!! Guido & Debbie you were right - it was actually credited yesterday - the day after the hearing - but I didn't even think of checking that quickly knowing HSBC as I do. Just one thing - the amount credited is the exact figure from my judgment - as Latty mentioned I was expecting extra interest. From the date of judgment to the date of payment it would have been about £45 so I'm not too fussed. Have I just got muddled?

It was really not that scary at all. the judge let DG's barrister speak first, but she had clearly picked up on the fact that they had AGES to comply with the court's directions and that they didnt, plus that if it was that obvious they weren't gonna be able to comply in time then they should have applied for an extension. Then she let me have my say, and I really just reiterated that point, plus said they had responded pretty damn quick to apply for a set aside once I had judgment! She then said that judgment should stand: I was probably in the court room for only 5 mins or so and that was it! If you PM me your email address I'll sent you my arguments.

hi kash, just thought you would be interested to know that I got judgment back in Sept and had my hearing yesterday to set aside & stay and...I WON!! As far as I know I'm the first since Debbie's win, and tbh i couldnt have done it without her help. Just thought you might benefit from a bit of encouragement! I was lucky as I had a nice judge, but at least its not all doom and gloom. let me know if I can help at all becci

thank you all so much for your good wishes, it's so nice to be able to report some good news for a change! I just hope the bank's idea of "forthwith" is the same as mine i.e. NOW!!! I think i would have prefered to have the usual "pay within 14 days" as at least everyone knows where they stand. As Pete says, I'll wait til the official paperwork comes through from the court and, in the meantime, just keep checkign my bank balance ( not something I do very often - I'm far too much of a wimp!) debbie, I really can't thank you enough! yes it was a VERY late one if I remember rightly (I was also up til stupid o'clock on Monday night preparing for the hearing and all the while thinking ""this is a waste of time I'm not gonna get anywhere", so it just goes to show!) Plus if you hadn't pointed me in the right direction I wouldnt have even known to go for judgment. I am so, so grateful to you for all your help - you are an absolute star! We done good, didn't we babe?! xxx

well folks... **** I WON!!!!! **** WOOP WOOP!! Got to the court this morning (with my mum for moral support hehe) and DG's barrister was already there. He had come from the other side of Nottingham, so probably 100 miles or so. The clerk let us go into a room while we waited for the judge and we had a bit of a chat, mostly about the test case (he didn't even know that it had already started, which was not v impressive) and he said how he thought it would go - i.e. that the banks would win (well he woudl say that wouldn't he?!) and that we would be lucky to get even a portion of our charges back I handed him my response to DG's application to set aside and he didn't even look at it - he had a copy of the CPRs with him and was sitting reading that so I thought he was doing a bit of last minute preparation, but then he said he was doing a talk later today and so was reading up for that!! It was obvious he thought it was a done deal so he had done absolutely nothing to prepare - how arrogant Then we went in to see the judge and she first asked the barrister what the basis of his application was. He basically waffled on about the banks being inundated with similar cases and how it was impossible for them to comply with the court's directions in time, plus that "mistakes do get made" and that my case was one of them and had obviously slipped through the net. I noticed the judge didn't look best pleased at this, so when she let me have my say I highlighted the time DG had had to comply with the directions order, and that they had done absolutely nothing, but that when judgment was awarded they responded within 2 days!! She then went on to give her judgment and said that she appreciated the pressure the banks were under as a result of these cases, but that if they felt they could not comply with the directions in time then they had plenty of time to at least apply for an extension, but they did nothing. And with that, she declared that the judgment against the bank should stand! So I thanked her very much and off we went! On the way out the barrister was suddenly much less friendly - he half-heartedly shook my hand before hotfooting it out the door! I should really have asked what the arrangements were for me to get my dosh ie how long they have to cough up, but I was in a state of shock and grinning from ear to ear at the time! I imagine I'll get something from the court to confirm that the application to set aside and stay proceedings was rejected and that my judgment stands, and to set out the payment requirements. But I think I might give the court a ring tomorrow just to check. I absolutely cannot believe it!! I'm so chuffed! So who's gonna add a big fat ***WON*** to my thread?? Thank you so, so much everyone for all your help, I really couldn't have done it without you, especially Debbie - your arguments really helped me get my head round it all. xxxx

hi fridaysgirl right well I AM a probate lawyer so this in technically my area. It depends which relatives survived your grandfather as to who would have been entitled to his estate under what's called the intestacy provisions (for those who die without a will). If your grandmother was still alive, she would almost definitely have been entitled (can't say categorically without knowing the value of his estate). However, if your grandmother predeceased your grandfather, then his children would inherit. This means that, although your uncle obtained the cash fraudulently, if he was an only child then he woudl have got it eventually anyway if he'd done things properly, so you've nothing to gain from pursuing it. If he had siblings, then they would be the ones that woudl need to bring about any action. I fear it may be too late to take any action anyway. your uncle's lawyer would argue you should have started things off long ago, and the statute of limitations would more than likely come into play. plus (as we know only too well on this site hehe) even if you win in court there's no guarantee any money would materialise (ie if he's skint, or at least convinced the court he was) sorry this is a bit doom and gloom. let me know if I can help at all becci x

ooooh I'm SCARED!!! my hearing has finally come around so at 10.30 tomorrow I'll be facing some barrister in court (here's hoping they've got all the decent ones working on the test case and I get some numpty...hmm maybe not) got my arguments ready (pages n pages of 'em) but still feeling very very scared. tbh don't think Ive got a cat in hell's chance, as the current state of affairs gives the judge the perfect get out clause. ho hum.

hi debbie & everyone I've finally got my hearing date through...22nd January!! What an absolute joke...thats AFTER the test case! I had exams last week (tax...urgh) so have had to leave the bank charges stuff on the back burner for the last few weeks. As it happens I neednt have worried...looks like Ive got plenty of time to prepare... becci

misuse of apostrophes drives me CRAZY!! how many signs do you see advertising "apple's" etc. I even saw a billboard in the window of a high street shop that shall remain nameless, saying "you're favourite shop". Shocking stuff! and another thing... people who say literally all the time and in completely the wrong context e.g. "I was literally green with envy" Really? So you actually, physically turned green, did you? I think not. I know, I know, I'm a nitpicker...but it drives me mental!

Hi debbie yes got it thanks, I tried emailing you but it kept bouncing back to me for some reason... have got about half way through amending it to apply to my case, I can;t tell you how helpful it is having someone who's "been there,d one that" and done all the legwork - I feel like a bit of a cheat! I tell you what, its all makes so much mjore sense when you actually read through the CPRs, you can see what a load of old rubbish it is that they've sent to me. even the witness statement is virtually word for word! Both yours and mine have been sworn by someon who is a "Paralegal" ie an unqualified legal professional - looks like DG are so swamped they're getting some office monkey to do them (sorry Michelle Orton, whoever you are HHAHA!) Heres hoping my hearing will be sooner rather than later and not in January, like someone else's was becci xx

Oh bless 'em! They always keep you amused! I was uploading photos to facebook last night and found one I'd forgotten all about - my boy having an enormous strop with a trainer toilet seat stuck over his head, I remember we were ****ing ourselves too much to do anything about it. That;ll be one to bring out on his 18th birthday! Glad to hear your feeling better. Best of luck withn the credit cards. They're just as bad as the banks. ******* the lot of 'em! becci

Hi Rayne hope you're feeling better. God, your situation sounds exactly like mine, so I can fully sympathise! I'd be interested to hear how you get on with your credit card letters as I was thinking of trying the same thing. Take care and don't let the ****ers grind you down! becci ps your babies are soooo cute!

I'm so sorry to hear your report, Dougal. They really are pulling out all the dirty tricks in the book. Best wishes becci