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  1. i never signed there acceptance letter so it wasnt in full and final settlement of all future charges. i will have a think.
  2. hi everyone i won against yorkshire early last year but charges have now again totalled over £300, all the money that gets paid into account is benefits. how is yorkshire behaving with regards to hardship cases and are they likely to take overdraft off us. are they settling within the 8 weeks (going down fos route) or being stubborn, are they behaving well with identifying hardship cases. is their a new template for claiming under hardship cases. thanks voyager9
  3. agree with you 100% i had my doubts about succeeding on just interest but went for it anyway. i still think the title should be changed to a partial win. bigbudgie let us know how you get on and good luck. voyager
  4. no steven , the charges etc were paid back in june last year before the claim was stayed , i was going to court purely for interest .
  5. yes your right the remainder of the claim was dissmissed ie contractual interest.
  6. hi budgie , they had already paid this back in june last year before it was stayed. i couldnt argue the penalty and uttcr 1999 as the charges were no longer in dispute therefore it wasnt before the judge. it was just 3 issues. was it a restitution claim? if so what rate of interest or should the court automatically award it? and i have forgotten the third because it didnt come up due to the fact the judge found it wasnt a restitution claim. my advice to anyone is to keep the claim intact and refuse all offers of settlement if it doesnt include contractual interest. that way you can argue the penalty aspects etc.
  7. oh by the way the judge rejected theit argument that there was no case to answer because its a contractual issue but i still had to proove the other issues which i failed to do.
  8. case dismissed. they are argueing because its charges based through a contract restitutution doesnt apply unless you can show that the payments were taken unlawfully( wasnt having oft stuff unfair doesnt mean unlawfull was what judge said) or was paid by a mistake in the legal context what ever that means, paying because you thought they were fair and reasonable etc does not do it as a legal mistake apparantly . i dont know i dont feel i was well enough prepared but then again didnt know what their legal arguments was going to be , you never know if you make sure your arguments on unlawfullness and/or legal mistake is strong you may still have a chance but as i say i feel i let myself down. unless you can proove beyond a doubt either of the two things then you dont have a case for restitution. but at least i still got charges + 8% + all purchase interest paid on account so guess its still a win of sorts. good luck with your claims voyager
  9. hi budgie , thanks for the pm. been on holiday just got back , nothing in post, hearing it is. thats the funny thing they hav`nt stated what these arguments are ,all it says is this is only an amended defence in responce to my amended poc which i applied to amend and was granted and further re-service dispensed with. they neither have permission for this ammended defence or have even made an application for it, so i am tinking od first off asking the judge to dis-allow this defence as no application or order was made to amend the defence? will let you know tommorow what happens
  10. just received an amended defence from cap 1, they are contending that haliday v hbos is relevant and say they will produce legal argument as to why sempra metals doesnt apply and also say this is not a restitution claim. so looks like they are def up for appearing and are going to fight it.
  11. a result on this one. today received a voucher for the remaining cost of holiday which can be used anytime and anywhere within a year (with haven of course) so its a win
  12. thanks dolly, however the court and myself have just received the bundles by courier, looks like they are going to defend this, as i thought they are relying on halliday but on the basis that sempra doent apply because the default sums were charged TO the credit account, rather than debited from a credit ballance. oh and they have finally provided proof that the other charges were credited to the account(why they didnt send this months ago i dont know) ang have sent cheque for £10 sars request fee so it is just the interest now and looks like they gonna take it all the way voyager
  13. have just phoned court and they have just received a 22 page fax which is a response to my amended claim but court have not received bundle either, no doubt the 22 pages will include halliday v hbos . i have seen a bundle non compliance letter somewhere but cant fing it can anyone point me in right direction? looks like i will have my day in court.
  14. right, should have received bundle today, hearing in 14 days. no bundle and no payment. hae tried ring them but got no where apparantly they dont have any numbers for legal dept, what now have tried ringing no on acknowledgement but carolyn parsons no longer works their , voyager9
  15. hi ukavaiator, they cant credit the account as it has been closed for a long while, so am afraid it has to be a cheque. just hope it comes before i go away on 7th lol.
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