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moneymania

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About moneymania

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  1. N244 details 1 C) Tick without hearing 5) District Judge 6) Platform Homeloans (defendant) Moneymania intend to apply for an order, that the defence be struck out pursuant to CPR Rule 3.4(2)(a & c) and without prejudice to the previous, CPR 3.8 (3)(b) be issued. The claimant respectfully requests the above orders are issued without relief from the sanctions. tick evidence in part c box. Part c: 1)The claimants have noted that the defendants response to the claimants claim and the defendants defence seem to be nothing more than a styled generic template response to claims of this nature. Claims of this nature should be dealt with on an individual basis and on their own merits. Therefore the claimant contends that the defence submitted has no reasonable grounds for success pursuant to CPR Part 3.4(2)(a) and is an abuse of the court process. 2)The claimant would also like to mention the court order of 28th June 2007, whereby District Judge xxxxxx requested further clarification and disclosure of cost's to the defendant and ordered that it be complied with or the defence will be struck out WITHOUT FURTHER ORDER. The information submitted by the defendant was, again, nothing more than a generic template for these types of claims, with no clarification or proof of cost's involved, what-so-ever. The claimant respectfully requests the defence be struck out pursuant to CPR Part 3.4(2)© 3)Without prejudice to the above, the claimant requests the sanctions imposed within the order of 28th June 2007 be actioned, without any relief of sanctions pursuant to CPR Part 3.8(3)(b). The reason for the request of no relief of sanctions are outlined in (1) above. wot you reckon?????
  2. Hi all, just wondered if anyone had any guidance on this :?:D
  3. thank you, thats what I thought but you never can tell. I'll stick to my post now, http://www.consumeractiongroup.co.uk/forum/mortgage-companies/61934-mm-platform.html I'm seem to be hijacking this thread a bit. :roll: thank youoooooo
  4. update. received platforms disclosure info today.....mmmm they still ignoring the judge's request for disclosure. the claim is for unpaid d/d charges etc and is for £500, they have issued a counterclaim for £3000 They are relying on their indemnity clause for counterclaim, which i hit back with unfair terms etc. platform issued draft directions for fast track, the judge replied, nay way lad..........so small claims it is. the judges directions after allocation did not mention anything about the counterclaim, just my claim for charges. judge wanted full schedule from me,, duly served, and full disclosure from platform, with a note stating that ' if the defendants fail to adhere to this direction, the defence will be struck out without warning. Now I can't rely on the judge to strike out the defence, so I need to issue a N224 form pursuant to CPR 3.4 (i think) Any help on this would be magic, as the DJ already has the case notes with him.:)
  5. Hi Chrbydis, is there an update on this?? Any reply from the FSA on the indemnity clause from platform?? The reason i ask , is that I just received platforms defence bundle for our claim for returned d/d charges etc. Again.. they have failed to disclose cost's pursuant to the judge's order and rely on a weak defence of ' you signed the t&c's...blah blah blah. our claim is for £500, their counter claim is estimated @ £3000
  6. Wouldn't that be classed as an unfair indemnity clause? Surely a clause like that would prejudice your right to issue a claim against them.
  7. sorry guy's and gals, you keep posting 2 or 3 post's to my 1. I'm a bit slow at this. :D if you can get away with getting the info without having to send any money, that would be benificial to you. but they could just ignor you, which would benifit you anyway.
  8. you should use our own template letters. just amend to suit your individual needs, also add the 'I do not acknowledge the alledged debt' bit. I would of thought the Halifax would be
  9. you could send am SAR request but make sure you indicate that you do not acknowledge the debt. You never know, they may owe you more than you owe them
  10. if your last contact with them was Jan 06, then by Jan 2008, the debt would be time barred. that's providing you don't acknowledge the debt from now till jan 08
  11. A request for the original agreement is being send recorded tomorrow. Lets see what they say shall we.
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