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swanseastu

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About swanseastu

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  1. HELJA Vs Barclays Like you cannot attend now as cancelled my days leave after I got the letter from the court and smarmy latter from Barclays. Western Mail and national press I think are always interested. I got an article (and piccy) in the Daily Express page 4 only a few weeks ago Im a little behind on all this Cardiff action and need to read the threads to catch up and decide on my next steps of action. Good Luck
  2. Sorry - late night ignorance kicking in here - what you mean by stayed? we both taken a days leave from work to travel to Cardiff by train to apppear in person - is this worth it then? No comms from court grrrrrr...
  3. Im now 8 days away, and reading the hearing, im not sure if we need to put out anything in writing (within 7 days), or if its ok to make verbal rep's as per the links above? Just looking for clarification, my wife is very nervous about having to say something in court, any re-assurances out there? Thanks
  4. I hope that all it means is that each court works in a different way. Good job we have a universal court system :???:
  5. Had a reply today from the Cardiff County Court as follows: General form of Judgement or order Before District Judge XXXXon XXX at xxxx Upon the courts own motion. The Court has made this order of its own initiative without a hearing. Ifg you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it. ITS IS ORDERED THAT 1) Directions will be given in this case by Designated Civil Judge his honour Judge XXX on 14th August at Cardiff Civil Justice Centre 2) The Parties may appear in person or make written repsentations as to how the case should proceed provioded a copy of the representation is sent to the court and other side at least 7 days prior to the hearing. Any ideas guys, sounds worrying again......
  6. yep, i think thats what it means, starts off in the alternative, and without predidjuce, and then goes down hill from there. I glad you roughly translated it, cause i thought it could be used a clue from the old tv programme 3-2-1 - where you could win dusty bin:lol: :lol:
  7. SOC - Statement of Charges? - including interest upto the date i raised it, including Court Costs, and any personal costs? Postage, £10 Data Request etc I assume? Thanks
  8. Thats good to hear, we have stuck with Halifax (that was so easy) and then with Marbles (bit harder, but still easy) but these have raised a bit more doubt in my mind. This is the first one we have have to take to the court stage. Just read the 12 paragraphs of defence agaion and the more i read them, the more they seem standard, starting with us not providing the details of the precise charges in the particular of the claim, through to number 12, which just seems to be a riddle.....:o
  9. Hi everyone, little bit nervous as ive got over £4000 easily from Halifax and now taking on Barclays for my financee. We are at the MCOL stage and I have filed a claim for only £800 odd. Today we have recieved the following from Northamption County Court wth the following documents. 1) Notice of Transfer of Proceedings - stating that a defence to our claim has been filed and that the claim has been transferred to the court where the claimant lives. The paragraph on this document relating to the allocation questionaire has been crossed out. 2) The second document, is an order before a districrt judge in Northampton without hearing and the order states " The filing of an allocation questionairre be dispensed with unless the district judge at the court of transfer orders otherwise" Note.Any party affected by this order may apply to have it set aside, varied or stayed. Such a party must apply within 14days of service. (order drawn 13/4/07) 3) the 3rd document worries me a bit more, its the defence and counterclaim document, completed as follows Section 1 - I dispute the whole clim Section 2 - No Section 3 Defence - in this section and continued over on 2 more pages is there defence with 11 sections of defence. I hoping this is all standard defence statments but would love to hear that others have these 11 paragraphs of defence. section 4 - Blank Section 5 - Signed Adrian St John Hopefully someone can confirm this is all normal and that all I have to do is sit and wait for a hearing date in my local court? I dont think I have to do anything else? Ive followed all the guidance, templates etc supplied here and on MSE.
  10. Haviung has a good result against the Halifax, I decided to post off requests for statements along with the £10 fee to my other past credit card companies. This problem relates to Egg. I sent the standard 1st letter and fee to these on the 15th January Recorded delivery. I have today (6th Feb) received a reply dated 5th Feb, stating that they acknowledge my letter but Egg policy requires proof of ID to be sent before they can disclose the information (no problem with this - although its a 1st) A later paragraph in the letter reads "We will begin processing your request on the day we receive your ID and will provide a response within 40 days of that date. ( I have a problem with this) Surely, the clock starts ticking (legislation bound?) when they receive my request - not because of egg policy when they receive my ID. Any comments or suggestions for a suitable reply when I send my ID would be appreciated. Thanks
  11. Amount Claimed: £4486 Amount Paid: £4486 Phone call today 31/1 explaining that all my charges were applied under the T&C of the account and HBOS, but they do understand in light of recent publicity my application fror the refund. As a goodwill gesture they will offer me £2000. I politely refused and said that as my case was near the expiry of MY timescales I had prepared court papers and would be filing for the full amount of £4486 plus interest totalling £5700.61. I was then asked, so what figure am I looking for to settle - So I said the full amount of £4486 as I realise if we settle at this stage I cannot request the interest. Another goodwill gesture then was offered of £4000. Again- I refered to the potential of moving this onto court and she said OK, £4486 it is, letter of acceptance will be with me tomorrow, and will be in my account within 7-10 days. This will be very useful for my wedding plans laters this year. Thanks Guys!! So now its Halifax VISA, Co-op Visa, Egg Card who will be getting my attention!!
  12. Surprise surpirise, my Current account statements (all 176 pages) have arrived 4th January 2 days later than promised and outside the DPA 40 day limit. They arrived Special Delivery hand written polythene envelope and a franked label dated 3/1/07. The deadline was 2/1/07. My letter as detailled above must have passed in the post. Im not sure what to do - let it lie ref the missed deadline or use it as part of bargaining tool? Ive just had a very quick look through and without interest my fees are an amazing (and embaressing) £3990. Without being greedy I would also love the interest on that casue of all the stress and hassles the bank has given me, but see conflicting stories ref whether or not to request interest before going to court - any general feelings? Finally the 6 year period I jave calculated from the date I will send the you owe me letter off, rather than the date I requested the statements? ANy thoughts from you the new experts! If this goes through, then look out GE Money
  13. Yes, I sent one letter requesting the statments for both VISA and current account, along with £10 cheque (which they cashed grrr). Luckily the letters Ive received back actually state my current account number on them so its enough proof that they have received the request I think. The VISA statements have arrived and ive already sent letter 2 to them requesting £240 refund of charges but thats still within its timeline before areply is expected. THe Current account charges im guessing will be upwards easily of £1500 and wonder if thats why they are delaying? With respect to the person I spoke to on the 0845203040 number she was only relaying a message from the 'business Centre' in respect of the 40 days only applying to original documents and not copies. It really does not make sense what she is saying cause how can they be obliged to send me original statements within 40 days. Anyway, Im now just about to post this taken from the templates section to them along with copies of the replies Ive received so far in respect of their obligations blah blah blah. LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 Dear Sir/Madam Account: ######## I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20/11/2006. The disclosure of personal data is incomplete in that at least the following documents are missing. 1) You have failed to provide a complete list of transactions and charges For 6 years as requested This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. Yours faithfully
  14. Hi everyone, just looking for a bit oif guidance Sent my initial letter to hbos on 20/11 from the template requesting info on my current and visa accounts. Got letter back postmarked and dated 6/12 ref my current account acknowledging my reequest and stating that under Data Protection Act i would receive a response by 2/1/07 To date I have only received my Visa statements but not my current account ones. Just called the main 203040 Halifax phone number to see where they are and they say they dont have any info on my request, cannot transfer me to the Carlton Street Data Subject Access Request Team and that as these are copies of statement they dont fall under the 40 days Data Protection Act disclosure - this only applies to original documents - who knows what she was on about!! Anyway, I told her to make a note on my account that I want these within 7 days otherwise a complaint to the info commissioner would be made, she said cannot guarantee 7 days, maybe 10, but again my request does not fall into Data Protection Act regulations. Where should I go from here, sit and wait 7 days, or re-write? Any templates or ideas to keep my application as watertight as possible? Thanks
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