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dobster

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About dobster

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  1. Michael... Thanks for the info, we managed to cobble something together fairly similar to this info from stuff on this site and got it off in the post to the court today cc'd to Cobblers...is it likely that having had an offer from them of just over half last week, we will get the full settlement in the post shortly? It seems to be the way of things generally, but knowing how my luck runs, it won't happen for me!! Will Cobblers sniff victory having received a copy of the court letter requesting POC amendment and hold out for court? I was under the impression that it isn't worth their time and effort to have to attend court when they can pay up in full for such a small(ish) amount? Is this the case? It's all very worrying and I can see exactly why people bottle it and take their 1st offer to avoid all the grief...I, however, am made of sterner stuff....QUITTERS NEVER WIN AND WINNERS NEVER QUIT!!! There, thats that out of my system!! Hope to get more good advice from you soon...Cheers!!!
  2. Hi Claire...I also muffed up with the interest calculations on my POC, have you had any feedback or found anything out on how to rectify this? Please see my thread about it...The Cobbett Slayer is going to look at mine later on today so maybe his thoughts may apply to your case? Hope this helps!!
  3. Hi all... Is it worth me ringing Cobbetts and sorting out a settlement figure over the phone? I would rather have something out of them than the judge throw it out and get nowt...don't know what to do on this...wish I hadn't taken on this mission!!!
  4. Chuck... I filed my claim with MCOL but it is now with Hitchin County Court, please see my reply to The Cobbett Slayer re the POC details...maybe you can help me out on what I need to say to the court and if you think its my maths that the judge is questioning...can't believe I muffed the form up...bah!! Hope I can amend this with the Judge!! Hope to hear soon from you...
  5. Hi thanks for replying quickly...I think I may have muffed up, I have only just noticed that the total amount of charges on my POC include the 8% interest of 281.04. The interest is also detailed on the POC presumably to be added on top. This is incorrect on my part, should the charges on the POC be £1709.00 plus the interest? ie. £1709 + £281.04 = £1990.04? Maybe the judge is asking me to amend this? What do you think? Here's the POC details anyway... 1. The claimant has an account ******** with the defendant opened Dec 2002. 2. Since 20/2/03 the defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends (a) the charges exceed the defendants losses caused by the breaches (b) the term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1990.04: (b) interest per S.69 County Courts Act 1984 of 8% - £281.04 continuing at 8% until judgement or settlement at a daily rate of £0.44; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Suppy of Goods and Services Act 1982. 7. Costs allowed by the Court. I hope that if it is my rubbish maths that I have muffed up, then I will be able to amend this? Do you think this is the issue? Thanks again!!!!:-|
  6. Hi I hope someone out there can help with this, I received this from the Court this morning, Cobblers have already made me an offer last week of £1100 ( Natwest owe me £1990.04 plus court fees) and I rejected it...the last day to settle is 17th Jan, so I need to know whether to write back asap to Cobblers and accept their offer after all....much bum twitching occuring today!! Just to note that I have not received a court date as yet, filed my AQ on 21st Dec. Sounds to me like the court has got it in for me, never mind Nat West...help!!! What do I do?!!! My POC was pasted in from this site as were all the reply letters that I needed to send...here's the letter anyway... IT IS ORDERED THAT 1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) 2. The claimant must amend or substitute its particulars of claim setting out the claimants case in plain English by 4.00pm on 29th January 2007 and in default, the claim be struck out without further notice. If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English. 2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed. Dated 10th January 2007:-x So there you have it....any ideas anyone? Deal or No Deal?!!!!
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