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legalpickle

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Everything posted by legalpickle

  1. sexyfufu, Apologies. I got confused with the date. The date of issue is going to be the 22nd January 2010. I've corrected the attached. Please dispose of your already printed PoCs. I've rectified the double 'at' in this, so all you need to do is fill in the stuff at the top of the file and your name at the end. Please follow the instructions above for dealing with the PoC, with this one. Attached it to this post, and removing from post above. Apologies again. ParticularsofClaim.rtf
  2. Yup, I'm a male (at least was last time I checked, LOL!) A donation to CAG would definitely be welcome. As for wine to me. Well of course I'd appreciate that, but I'm not doing this for reward (bar adding another win to my belt!), so when this is successful, we'll have to see what the mods say to that (but if they say yes, it would have to be Kosher). Ta for the offer. Ok. Dealing with N1 now.
  3. Well I was going to tell you to write a short firm letter telling the Solicitors what lies they're telling, that you had already told HSBC that Judgment was granted against LITR and that LITR is going bump... but then I saw your next message... When and if your relationship manager calls you up, tell him what a nincampoop he is, and that you're sending your complaint to the Head Office in writing, and expect all responses in writing - you don't want to speak to such incompetent nincampoops on the phone when you can't record calls. Draft a letter - with the main address for HSBC (as was in the Claim Form) - advising them what's happened, demanding compensation, giving them 8 weeks to re-credit your account with the full sum + contractual interest from 3 working days after the date of deposit till the date of credit, or you will take it to the Financial Ombudsman Service which will result in them incurring the case fee of £500 irrespective of any award made in your favour. Post a draft letter up here = minus confidential details - and I'll proof it. The reason I say this is because you can't claim compensation for such matters through court and your actual loss - when the money is credited, which it will be - is minimal. The FOS however will be likely to award some compensation to you. Date the letter for Friday. If you post it up here tonight or tomorrow morning, I'll then be able to deal with it by tomorrow afternoon - all being well - and you can send it Friday. Copy the copy of the cheque (keep the copy they sent you) and the letter (keep the original) and send those copies with the letter.
  4. As is said in Hebrew - Bsha'ah Tova (In good time - it's what's said to somebody who's due to give birth). Ok.
  5. You bored? sexyfufu definitely will be posting updates or she will be incurring the wrath of legalpickle Thanx for your comments. Please PM me a direct link to the thread and I will try to have a look. I doubt it will be before Sunday night though.
  6. Not normally true. You can ask them to issue on the spot. Don't write the "CLAIM NO:" bit on the labels just in case, but the rest should still be written at the BOTTOM of the labels, and you should still prepare the envelopes. All Claimants have a right to serve the documents themselves. You probably spoke to some shmuck who doesn't know what they're talking about. When you go you can tell them you need to issue them now, and you want to serve them which is your right. You'll probably have to speak to the head issue clerk, but should be fine. Good. Print those MBNA letters and make sure all's done and in order, also in the relevant plastic punched pockets. Then let me know.
  7. maroondevo52, Thanks for the PM. I got the update and couldn't understand where the post went till I saw your PM. jojangles, Please read through sexyfufu's thread - all 13 pages of it, and check you're subscribed to it, so you can monitor it. To do this go to the top right hand corner of any page in that thread, select Thread Tools. If you're subscribed then it will give you the option to Unsubscribe - don't do anything - and if you're not subscribed, it will give you the option to do so - select this. A link to that thread - in case jojangles doesn't have it and anybody else is interested is here: http://www.consumeractiongroup.co.uk/forum/holiday-companies/224145-wedding-honeymoon-one-problem.html As you can see in that thread I am extremely busy and just in the final stages of preparing the claim for sexyfufu to issue, which she will be doing - all being well - on Friday. Once you have read through sexyfufu's thread, please post up CLEARLY & IN PARAGRAPHS - EVERYTHING that happened with you (including date of booking, destinations, dates of payments (incl. methods of payment), what happened when, dates of flights, airlines, trips and EVERYTHING else). The only things I do NOT want to see are your date of birth, full name, your husbands date of birth and full name, credit card details (though I do want to know the provider, if anything was paid for by Credit Card, or Debit Card), booking references & invoices. EVERYTHING ELSE is relevant - please let me decide if it isn't. If you're unsure just post it! I also need to know in whose name the booking was made (i.e. whose payment details were used, whose name was on the invoice). Once I see that - take your time because I definitely won't be able to read through it till next week Tuesday at the earliest - I'll read through it and post any questions I may have, and what I recommend going further. We'll then decide what to do. Please keep monitoring sexyfufu's thread, as from what it looks like it will be very relevant to you, and you gaining that knowledge can only benefit you. In the meanwhile, Good Luck!
  8. Nope. I debated whether to include this, but decided that if they raise it as a defence we should respond, rather than raise it for them and respond then. Great. No problemo.
  9. My mistake. Remove one 'at'. Confirmed. Have you changed everything that I instructed you to change in the Particulars of Claim? Please go through my post above again, and make sure again. Please confirm tomorrow when you get back that all's in order - together with that MBNA letter, and the Particulars of Claim. Then I'll do the N1. More instructions: 1) Get TWO large envelopes, probably Jiffy envelopes are best. 2) Pop into the Post Office and get TWO Special Delivery labels. Probably even better to get TWO large Special Delivery bags. 3) Get several plastic punched pockets and do this, in the same order, for each set of documents. - Put some of the attachments stapled together in each plastic punched pocket. - Put a label in the top left of each plastic punched pocket. - Write in the BOTTOM of each label the following words: ATTACHMENTS NO. ... TILL NO. ... (replacing the '...' for which attachment numbers. - Write in the TOP of each label the following words: CLAIM NUMBER: 0ST (the rest of the number will be completed by you in court when you get the claim number) - MAKE SURE TO REPEAT THE ABOVE FOR EACH SET IN THE SAME ORDER, WITH THE SAME ATTACHMENTS IN EACH PUNCHED POCKET. THE PARTICULARS OF CLAIM & N1 SHOULD NOT GO INTO THOSE PUNCHED POCKETS. THEY WILL GO IN THEIR OWN PUNCHED POCKET LATER. WHEN YOU GO TO STAFFORD COUNTY COURT ON FRIDAY, YOU WILL GET A CLAIM NUMBER AS YOU'LL BE ISSUING IT THERE AND THEN (YOU MUST GO EARLY ON, PREFERABLY 11AM-ISH) IN THE TOP SECTION OF EACH LABEL, WRITE THE CLAIM NUMBER WHICH WILL BEGIN WITH "0ST" 4) Write the following addresses on one each envelope (& bag if you get them too): Virgin Holidays Limited, The Office Manor Royal, Crawley, West Sussex, RH10 9NU MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester, Cheshire, CH4 9QQ I'll post up 2 letters for you to send as cover letters for them tomorrow. PLEASE MAKE SURE YOU UNDERSTAND THESE INSTRUCTIONS AND PREPARE EVERYTHING AS I HAVE SAID ABOVE. PLEASE ASK IF YOU HAVE ANY QUESTIONS. AT THE END OF THIS EXERCISE YOU SHOULD HAVE: - 2 x JIFFY envelopes. Each 1 with 1 of the above addresses. - Several punched pockets for each claim with labels in the top left hand corners with text saying: CLAIM NUMBER 0ST (to be completed in court) and in the bottom of the labels saying: ATTACHMENTS NO. ... TILL ... (completed) - 2 x Special Delivery bags addressed, each with one of the above addresses. - 4 x Particulars of Claim. EVERYTHING YOU WRITE SHOULD BE WRITTEN VERY CLEARLY. When all that is ready please come back and tell me. We will then deal with the N1. When that is completed you will print 4 copies of it and staple each to each set of Particulars of Claim, put each set in it's own plastic punched pocket... and a few more instructions will follow. I want EVERYTHING ready for Thursday morning, so that Friday morning you can go to court. They open at 10am. Preferably be there for 11am. I'm going to bed shortly, but post a response - with ANY questions you have - in the morning and I'll deal with it sometime tomorrow.
  10. Ok. Well done. I've attached the Particulars of Claim. Please make sure to follow these instructions TO THE LETTER and do not hesitate to ask if you don't understand something. 1. Save it to a folder in your computer, just for the purpose of this issue. If you already have one, then make a sub-folder called 'Claim' or something like that. 2. Open it in Word. 3. In the second line where it says "Claimant:", by "Mrs. ...", replace the "..." with your full name, i.e. "Sexy Fufu". 4. In the table within Section 1, fill in the relevant details in the right of each row; - 1st Defendant Booking Ref. is the Virgin Booking reference - 1st Defendant Invoice No. is the Virgin Invoice number - 2nd Defendant Account No. is your Virgin/MBNA account number (near the top of any statement). - Claimant's D.O.B. is your date of birth - write it in full date, for example, today is: 19th January 2010. 5. In the very end of the document - last line - is "Mrs. ... - Claimant", replace the "..." with your FULL name, as at the top of the document. 6. SAVE THE FILE WITH ALL THE CHANGES. 7. Print 4 copies of the file. Put one copy on the top of each pile of documents. 8. Go through the list of documents as I have written in the Particulars of Claim, and make sure all documents - in all 4 piles - are in that order. Come back here and confirm when all the above is done. It may take a bit for the attachment to get approved - it is 6 and a few lines pages long - but please deal with this ASAP, as as soon as you've verified everything is understood and completed, I'll work on the N1.
  11. SP3. No other computer. Will try to contact a few people. If you have any ideas in the meanwhile they'd be much appreciated.
  12. I've been Mr. Nice-Guy in my letters and posts in this thread! I'm a real b***ard when it comes to companies who have screwed me personally!!!
  13. 1. 'I' before 'E' except after 'C'. PLEASE make an EFFORT to spell correctly. 2. I seem to recall there being 2 letters from MBNA. (One being to let you know they'll respond in more detail, and another to ask for any communication from Virgin Holidays.) Am I correct? If yes, please detail BOTH letters and make sure they're BOTH in the pile. 3. And how many pages???? I'll forgive this post being posted so early in the morning when you were just waking up, BUT PLEASE make an effort to answer my questions and post ACCURATELY. It cuts the amount of work I have to do! Please then go through the list of attachments I posted above and make sure they're correct and the piles are in that order; and confirm as such.
  14. locutus, You're a genius! Now I need to know where to get them from that support Hebrew. I've jumped ahead and gone to: Fonts supplied with Windows XP SP2 which is for Windows XP SP2, which I'm sure I have. So I've listed all the fonts that I can't see - that means don't make sense the language they're in, coz it seems like a cross between Russian, Greek & the rubbish a printer prints when it doesn't understand a command! Those at the end with a *, I don't recall ever having. - Andalus - Arial (all versions except Arial Black) - Comic Sans (all versions) - Courier New (all versions) - Georgia (all versions) - MS Sans Serif - Tahoma (all versions) - Times New Roman (all versions) - Trebuchet MS (all versions) - Verdana (all versions) - *Angsana (all versions) - *Browalia (all versions) - *Cordia (all versions) - *Dillenia (all versions) - *EucrosiaUPC (all versions) - *FreesiaUPC (all versions) - *IrisUPC (all versions) - *JasmineUPC (all versions) - *KodchiangUPC (all versions) - *LilyUPC (all versions) - *Palatino (all versions) - *SimHei - *Sylfaen So where can I download them?
  15. sexyfufu, It seems something's missing from your breakdown of documents - the letters from MBNA. Please advise of the dates and amount of pages of the letters from MBNA. Below is the current breakdown of documents. Please make sure that everything is in order and correct and let me know if there are any changes to this bit. Once you've confirmed that I'll be able to do a re-check and then attach the completed Particulars of Claim - finally! 1. Copy of letter from Claimant to 2nd Defendant dated 30th November 2009 [1 page]. 2. Copy of letter from 1st Defendant to Claimant dated 27th October 2009 [2 pages]. 3. Copy of letter from Claimant to Defendants dated 23rd October 2009 [7 pages]. 4. Copy receipt from Argos for suitcase dated 25th October 2009 [1 page]. 5. Copy of letter from 1st Defendant to Claimant dated 23rd October 2009 [1 page]. 6. Copy of letter from Claimant to 1st Defendant dated 4th October 2009 [2 pages]. 7. Copy of letter from 1st Defendant to Claimant dated 25th September 2009 [3 pages]. 8. Copy of letter from Claimant to 1st Defendant dated 24th August 2009 including picture evidence of problems [10 pages]. 9. Copy of card from 1st Defendant to Claimant (received 26th July 2009 – undated) addressed to “Derek and Donna” [1 page]. 10. Copy of letter from 1st Defendant to Claimant left at airport on 25th July 2009 (undated) addressed to “Derek and Donna” [1 page]. 11. Copy of tickets and holiday travel vouchers sent by 1st Defendant to Claimant (received 15th July 2009 – undated) [2 pages]. 12. Copy of letter from 1st Defendant to Claimant addressed to “Donna and Derek” dated 13th May 2009 [2 pages]. 13. Copy of letter from 1st Defendant to Claimant dated 28th December 2008 including invoice and holiday itinerary [2 pages]. 14. Copy of relevant page of brochure in relation to the Breeze Bahamas “Hotel” [1 page].
  16. Ok. Go to bed. Get a good nights sleep. I won't be up at 6am (and won't be in bed for at least another hr and a half), but check the thread when you get up and answer anything you can. I'll communicate with you in more depth tomorrow night.
  17. Thanks for letting me know now. Will change the interest. Might just do the N1 tomorrow then, but want the PoC up very shortly, so you can question me tonight.
  18. Ok. But please make sure to remove the duplication. Money Claim OnLine is problematic. It limits you on space and what you can attach. Unless the claim is a basic debt collection claim - which this definitely is not - I vigorously recommend AGAINST MCOL. You will have to go to Stafford County Court to issue the claim.
  19. sexyfufu, What is the 3 pages of the letter to MBNA? Are the latter 2 pages just a copy of a letter from Virgin? If yes, please remove them from the pile - no need for duplications - and will change that to one page. If not, please advise?
  20. Thanks honeybee13 - I did make the mistake in 19, as I was turning sexyfufu's document into 3rd party (as it should be) and missed it. I have re-phrased 15 using sexyfufu's red comment on your post. Thanks sailor_sam for your kind comments. Let's wait and see, not finished yet. We're at page 11 and proceedings are almost ready to be issued. sexyfufu - Thanks. Dealing with this now, though going to have a bite to eat. Hope to post more within the next coupla hours.
  21. Interesting. Bump to you too I have made a few complaints against Solicitors through the LCS, and have been thrilled with the way they have been. Stephensons are a large firm, and putting all Solicitors in such a large firm in the same pot is unfair. I've dealt with DLA Piper numerous times and some of them have been a waste of time, others excellent. On the other hand in 99% of my dealings with the FOS, I've been shocked at how incompetent they are! Same with every darned "profession" coz this "Great" Britain has turned into a services country, where anybody who knows how to do anything is ripped off by the services industry and the ZaNu-Labour!!! Good point, but knowing frettful38's experiences from the other thread, I would - no offence meant frettful38 - take a pinch of salt with whatever she told him. No comment. If that's what's meant I can give you all meetings with G-d for a lot less than that! Lol I'm not so sure about this. I have to agree that the Barrister may not have been the most competent or have had the best bedside manner about himself; but I too would want to know the whole story first, and to see all cautions and orders. Till he saw all that information I too would be skeptical about giving a conclusive professional opinion. Depends on the Barrister. I think you have taken this the wrong way. I doubt the Barrister had the best bedside manner, but that comment is the same comment many people would say. It would have been the wrong thing to say to you at the time, considering your circumstances, but I can't see that it says that he was happy about your misfortune. I have met numerous honest Solicitors and numerous dishonest Solicitors - and some of the dishonest ones a lot worse than you've ever encountered. The same goes for Barristers - both ways. Fighting through the courts is not always best. And can be VERY costly and time consuming. I am normally the first to recommend issuing court proceedings but in this case I'm skeptical. I'm doubting it. The LCS covers Solicitors. The BCSB covers Barristers. There's a difference. Lawyers describes Solicitors and Barristers together (at least in the UK). In the US Solicitors are described as Lawyers and Barristers as Attorneys. Finally! Sparkie, I think you are thinking about completely different things. To the best of my knowledge there is no act called the "Unfair Relationship Act 2006" but a section of the Consumer Credit Act 2006 which deals with unfair relationships. This does not relate to all financial transactions - or it would also cover any profession or store - but only relationships with financial institutions or those covered by the Consumer Credit Act 1974 & 2006 in relation to certain agreements. So unless you can prove me wrong - which I'd be happy for - your proposals make no sense for frettful38. No comment. Please see my above response to sparkie's post. I seriously doubt you'd succeed or have a valid case in court. The BCSB ruling works against you. I think you should cut your losses and call it quits. Maybe had you waited till the case against IT was over, when you'd have clear evidence as to the reasons that the Barrister may have mis-advised you, maybe you'd succeed; but contrary to my advice, you ran faster than you can walk, and didn't ask me. Personally, I'd drop this one. I think it's doomed to fail. Phew! I thought you were going to write something like use the "Unfair Relationships Act 2006"! But in this case frettful38 took the direct access route - the first mistake! If it's such a simple case, why take a Barrister? And in London? For £750 +VAT? A decent Barrister in Manchester would've charged you £300 + VAT, as would a decent Solicitor and have given you 1000x better advice! Put it down to a bad experience in this case. Anybody who's seen me around CAG - and in frettful38's long thread - knows I'm normally the last person to say something like this; but on this occasion it is all I can say. Impossible. The Law Society doesn't take complaints and only covers Solicitors [not Barristers] The SRA can have complaints lodged by other Solicitors against Solicitors, or to the Fraud & Confidential Intelligence Bureau ("FCIB") of the SRA where it relates to potential fraud. Complaints about Solicitors for compensation are made to the Legal Complaints Service ("LCS") but this doesn't cover Barristers. It's a Barrister, and no Solicitor instructed. Smart move. I will never recommend a financial institution or telecoms company coz they're all nightmares! This was the public access route. If the case is to go to the County Court there is no reason to have any Barrister involved. A Solicitor can do it all. As stated above, I'd drop it. Barristers are allowed to do prep work, though are limited. I don't think that frettful38's issue is complex - having been advising her on it for quite a while - but then again I managed to cut through the - no offence meant frettful38 - cr*p and get to the point. Dropped in and raised my opinion. Sorry it ain't what you wanted to hear. I doubt you could get your money back, and agree to the latter. Not so sure you're right here, and think the best thing for you here would be to drop it. frettful38 has complained to the Bar Standards Board, if her first post was read, and hasn't expereinced the excellent record - in her opinion. Which if are unsuccessful - which is more than likely now the complaint has been rejected - QUIT. frettful38: You should be cautious just because he has a degree and will find any way to screw you should you attempt to screw him. If you attempt to issue proceedings against him, I'm confident - unfortunately - that you'll get a whopping costs order against you; so BE CAUTIOUS, VERY CAUTIOUS!!! Ok, frettful38, I've given you my verdict. I await your response.
  22. Ok sexyfufu, I'll go through the above, but you haven't answered one of my above posts. Please answer this, which I have quoted from above: Please answer ASAP. I hope to then have everything ready tonight for you to file tomorrow.
  23. It seems people have mixed experiences with Virgin cable, despite everybody I know or hear from having only negative experiences with British Trouble (including P/i/s/s/Net and other brandnames) & TalkTalk (including Tiscali and other brand names) - myself included. BUT: Virgin do offer a PSTN "service" where they don't offer cable. Make sure that you don't connect to that if they offer it, as it seems to be terrible from what I hear. And sorry to disagree with you, ellenana, but Virgin Cable is not available everywhere. Even in large cities many small roads don't have access. Where I live none of the small roads have Virgin Cable but all the other roads do. So, I live in a block of flats on a road going between two relatively large roads and neighbours less than 2 minutes away have Virgin Cable, but I can't get it!
  24. dx, Thanks for your response. The menu commands are still in the fonts folder. To make sure it has the right attributes, I went to command prompt and typed 'attrib c:\windows\fonts' and the answer was 'S R c:\windows\fonts', so the attributes are fine. It is also allowing to install new fonts and all the rest. TweakUI hasn't rectified anything. sfc /scannow asks me for the Windows XP Professional Service Pack 3 CD in order to update files. I can press cancel for each file but it seems to have a darn lot that it wants.
  25. Thanks for trying. Tried but doesn't work. Get a good nights sleep, nothing can be done now. I'm too tired too!
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