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legalpickle

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Everything posted by legalpickle

  1. Ashley, Apologies for the delay in responding. I've been swamped with work. I believe you have a claim. However, the amounts you paid to Crystal would not be claimable from TUI. You may want to include them in your claim - if you issue - but that part would be iffy and may fail if it reaches hearing. Regarding preparing a Final LBA, I suggest you re-read sexyfufu's thread, and draft an LBA based on my one there. As with that claim, MBNA Europe Bank Limited would be jointly and severally liable for your claim. I cannot commit at the moment to assisting you with a court claim, because I am so swamped and do not want to disappoint further, but will do my best. Good Luck, legalpickle
  2. I assume that means today you received it, not today you were sent it; as that would mean you hadn't received it yet. Saturday night & Sunday is the Jewish holiday of Purim (see: Purim - Wikipedia, the free encyclopedia) so I'm mad busy (as usual). Please remind me next Saturday evening (7th March) if I haven't posted anything by then. It's relatively simple. Don't fill in the AQ, I'll fill it in on my computer and upload it for you to complete the relevant parts. I'll also draft a Response to Defence (for both defences). Shouldn't take more than an hour for me, all in.
  3. Ok. So when you get the AQ form, re-post your availability with the other requested information. Simple defence, mainly throwing in loads of words to try and confuse you, but the gist of it is that they seek indemnity from VH in the claim and will seek to rely upon any such defence that VH file. As expected.
  4. Hearings are only scheduled Monday-Friday. Asked for it when you receive the AQ, not before, together with the form number of the AQ & date AQ to be filed. Please, sexyfufu, every time I receive notice of a post I have to come back here to see it otherwise I won't know when important things arrive. So please only post when necessary, that way I don't have to come back here so often!
  5. Excuse me! I do value your comments! Why would I give you rep (click on your scales) if I didn't value your comments! I am well known on CAG and rest assured if I didn't value your comments I would be making that opinion known and loudly - the mods and other members know this very well! We are all entitled to our own opinions, and I was purely stating my own. I do agree that there is a chance of this happening but believe it's low, and even lower to happen in 6 stores in one day - one or two additional stores maybe, but then the defence would be pretty strong from a legal angle in my opinion.
  6. I must disagree. What are the odds of one going to 6 Sainsbury's stores in one day? Low! And personally I think you are to blame for that. You already knew you had spent the Nectar points! You shouldn't have gone and spent them again so many times!
  7. This is unlikely to happen. You really need to shop a lot at Sainsbury's and have more than one Sainsbury's near you. I was told that you need to nominate your Sainsbury's store - this is how it used to be - in order to spend Nectar points there. This may have changed though. Either way it is interesting, however unlikely, and might be relevant to somebody out there, so thanks!
  8. Ok. Relatively simple defence, and easy to respond to in my opinion. MBNA's defence is likely to seek to rely upon the defence of VH. When you receive a copy of the defence from the court, together with the AQ please let me know, together with the following details; a) Date the AQ needs to be filed. b) Type of AQ form that is attached (bottom left hand corner will have either N149 or N150, I need to know which one is attached). c) Dates within the next 6 months (I know it says 4 months, but better safe than sorry) that you are definitely unavailable, includings days of the week. If the defence is not received by the court by the deadline it would be possible to apply for Judgment in Default; but considering the size of the claim the Defendant against whom judgment in default is awarded is likely to apply to set aside judgment - succeeding in such an application - which will mean a waste of time and money for all involved; so as a defence is there I would recommend against a Judgment in Default request at this stage.
  9. needadvice1, You can do whatever the hell you want but I recommend against it all! I am much too BUSY to spend so much time chatting with you here about irrelevant issues! Please just stop driving me mad about things irrelevant to your case. It's seriously getting on my nerves! This thread is 27 pages longer, with probably about 40% of it unnecessary! Thanks for your understanding! legalpickle
  10. Thanks sailor sam! sexyfufu, Respond as below. Ask for a read receipt. Keep us posted. Dear Sirs, WITHOUT PREJUDICE, SAVE AS TO COSTS I disagree with your derisory offer. I rejected your offer before even the partial second cheque was dispatched, and you had received the first cheque back; so the issuing of a partial second cheque was nothing less than incompetence on your part - and exactly what I have come to expect of you. Considering the hell me and my husband were put through for what was supposed to be the most important and enjoyable experience of our lives, I am sure you can muster up the courage to go a bit higher. If that doesn't happen then I will have no choice but to go the full way with these proceedings. The choice is yours. Any offer should be made in addition to court fees. Sincerely, sexyfufu
  11. The short answer is No. You have the right to claim all the charges - against Littlewoods/Shop Direct Finance - and have them refunded. The first piece of advice is for you to do a SAR to Shop Direct Finance & Lowells - separately - at the cost of £10 each. Send by SPECIAL DELIVERY. However, please start your OWN THREAD so that you will get the best advice possible for you, and I am sure that people will show up to assist you. I am sorry that I do not have time to assist on this. I'm much too busy.
  12. I am sorry. I cannot commit to anything. Adjourning to July would be for a hearing meaning that documents would need to be filed at least a month before. You need permission to file an amended defence and counterclaim and sufficient time to prepare this. I doubt you can prepare it yourself - no offence meant. A case of this size - and whoever deals with it would need to see EVERYTHING - would take somebody with my abilities & experience in this area - and I'm not a Solicitor - 20-30 hours. A Solicitor with more experience than me should take about 15-20 hours in my opinion, though could take less. This is in addition to hearing time which could easily be 4 hours. I have already stated why I cannot give a short answer. There is no short answer. It would be incompetent of me to give a short answer, or pinpoints to your arguments. Briefly, services promised were not provided to the standard expected. But the legal arguments are a lot more complex than that and - being an educational issue - do not only centre on contract law. I am sorry I cannot do more than this. I am loathe to recommend a Solicitor in the Greater London area that would have a speciality in this area, because I am not in touch with people in that area so much. I have access to the same Law Society website and other websites that you do. I live in Greater Manchester but any Solicitor here would charge you an additional arm and leg because it's in London. Good Luck.
  13. I'd love to, but I don't have a spare minute! I got back 5 mins ago and am going out in 10 mins & won't be back till 7ish. I then have a meeting at 8ish till 10ish. Tomorrow I'm in court from 10am till 2pm. Thursday I have a meeting from 10am till 2:30pm. I've still got to do some more stuff for myself. I'd love to but I just can't.
  14. Ok. Sorry for delay. Here are proposed letters; Fill in gaps. Fax tomorrow. Attach to fax to DG Solicitors copies of the letter of complaint you sent to HSBC & their response (to show you're not lying). No need to send ANY attachments to court. If no fax number for DG Solicitors on their documents, remove the "BY FAX TO ... ONLY" bit and replace with "BY 1st CLASS POST" and send by 1st class post. Please confirm when faxes/post sent. If sending by fax no need to send by post too, isn't something that requires legal service. To Court: The Court Manager, Watford County Court, court address BY FAX TO ... ONLY 16th February 2010 Dear Sirs, Re: Claim No.: 9WD.... Claimant / Judgment Creditor: .... 2nd Defendant / 2nd Judgment Debtor: HSBC Bank plc I write further to the aforementioned matter. I can confirm that the 2nd Judgment Debtor has now paid the sum of Judgment in full. Please therefore mark the Judgment debt as Satisfied (as it has been paid more than one month after the date of Judgment). Sincerely, Mr. ... - Claimant / Judgment Creditor To DG Solicitors: Solicitors address BY FAX TO ... ONLY 16th February 2010 Dear Sirs, Re: Claim No.: 9WD.... Claimant / Judgment Creditor: .... 2nd Defendant / 2nd Judgment Debtor: HSBC Bank plc I write further to the aforementioned matter. In response to your letter dated ; your client was aware of the Judgment in Default and Administration of the 1st Defendant & 1st Judgment Debtor; as I had informed them by letter which was sent by Royal Mail Special Delivery. Since I received the cheque your client "lost" the cheque when I deposited it into my current account. I therefore complained to your client directly and only in the past week was it finally credited to my account. I can confirm that this now closes this chapter of the saga; and I have today notified Watford County Court of the payment of the judgment debt in full, by your client; requesting that it be marked as Satisfied (as it took more than one month from the date of Judgment being granted for your client to make payment). I attach copies of my letter to your client and their response, in relation to the "lost" payment; for your reference. Sincerely, Mr. .... - Claimant / Judgment Creditor
  15. The two firms coming up nearest to you that deal with consumer & contract law are: - Richard West Freeman Cristofi LLP - Gilbert Turner Coomber Commercial links are against CAG rules, so go to The Law Society - Home, select 'Find a solicitor' and then search for the above names. If you click on then when they show up, you can see their websites and contact them. I can't make a recommendation either way for either of them as I've never heard of either of them, but I can't seem to find anything bad about either of them either.
  16. If a darned good Solicitor took on the case, then they'd be paying you; but it is IMPOSSIBLE TO PREDICT COURT PROCEEDINGS. You can get decent Solicitors for between £130 +VAT per hour to £190 + VAT per hour.
  17. Apologies but I have too much on my plate and it is growing rapidly! 3 cases are awaiting allocation which will have hearings scheduled in June & July. I'm going on holiday for May, so when I get back have to make even more money. I just can't take anything more on at the moment. I'm turning work away.
  18. PLEASE READ MY POSTS!!! I'VE GONE THROUGH THIS AT LEAST TWO TIMES SO FAR!!!!!!!!!!! So let us know when it is.
  19. NO!!!! I don't believe you're that thick, so please don't behave that thick! So you write to HSBC saying I passed my exams and lost a grand in loss of earnings because of the incompetence & negligence of LITR for which you're jointly and severally liable under s75.... Pay up! What the hell do you think they'd write? Obviously, prove your loss!!!! Duh! Please! You are smarter than that! I hope!
  20. You need to prove your claim! What do you think they'll pay up because you ask for money! I wish life was that simple!
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