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Russjo

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Posts posted by Russjo

  1. Hi Pete,

    Funny enough, I read that somewhere this evening, so that has made me feel a whole heap better. I'm in the midst of sorting it out and it will be in the post within the next few days.....PHEW! Thanks matey

    Jo

  2. Okay, hubby has kindly offered to run the claims into the court for me if I prepare it all and after reading your thread in the success section Jansus, I have a glimmer of hope that this could be settled sooner rather than later. £4k without interest would be lovely :)

  3. Hi Guys,

    I think I've come to the conclusion that as I just cannot get to the court myself to file my claims, I will just use MCOL and get them into the system. The earliest day off I've got during the week is October :eek: and I really don't want to wait that long.

     

    I know what you're saying about straight forward, but I'm only managing to pop on here every now and again at the moment, however, generally, I am a Tiger who loves a challenge (just not so many all at the same time :) )

     

    And Freaky, LOOK AT YOU SITE HELPER!! Congratulations well done.

     

    I'll let you know how I get on

    xx

  4. Hi Jan and William,

    Thanks for your advice. Unfortunately, I know without looking that I'm not exempt and wouldn't get away with financial hardship, as I'm not in arrears with anything. I've got the money to pay for the claim, but cannot get to the court to file it (sigh). I want to go ahead just a case of getting down there to do it. I might have to send hubby on his day off, oh he will be pleased with that one. Otherwise I might have to use the last resort of MCOL and know that it will be automatically stayed :eek:

    Jo

  5. Hi GASS,

    My claim was going through the courts, but as they are a subsidiary of HSBC and I was using the UTCCR in my claim, the court has now stayed my claim until the outcome of the test case. To be honest, I haven't got the time or finances at the moment to try and get the stay lifted. I will shortly start my second claim against them and see what happens and see that into court as well if necessary. What makes me laugh, is that they've managed to get it stayed, but it wasn't a current account and therefore, really it should have continued. Plus it wasn't all charges, they made a number of muck up's on the administration of the account, but I'll wait to see how it all pans out. Good luck with yours

    Jo

  6. Just back from holiday and my local county court have stayed one of my other claims and now I'm in a quandry as to how to proceed with my 2 A&L claims. I want to log my claims but I can't afford to pay more money to get stays lifted etc., and I need things to be straight forward at the moment. Too many things going on. Any advice??

  7. Hi Guys,

    Holiday was great and I'm still chilled out. I'm finding it really difficult to get motivated again. I've just today had my HFC (HSBC) case stayed at Bow County Court. Can't make up my mind what to do with my A&L claims. I just want to make sure that I don't lose out on the statute of limitations. Nothing's straight forward and I could really do with "straight forward" at the moment :(

  8. Hi Guys

    Just back from holiday in Bulgaria and catching up with my washing. Now all I need to do is catch up with what's what on here. Thanks for the links and the nudge letters. Hope to be back on track asap

    :)

  9. Believe me, I've got loads to do speechless-smiley-040.gif. I'm going to file a claim for my son's and my account against A&L and my dad's against Barclays, just to make sure we don't lose out. I've also got another claim on the back burner against HFC and two credit card claims for my son, that's without PPI and just living :D . If you can find anything else, I'd be really grateful as I don't appear to have accumulated enough grey hairs over the last week to plead a case for hardship LOL. Truthfully, thanks for your help, like I said, I'm gonna need it and if you can point me in the direction of a nudge letter I'd be grateful for that too, if not, that will be reading for tomorrow night :)

  10. Hiya Johnny,

    Nope you're not preaching at all, this is my first time in the legal process, the others settled before getting that far, so I'm going to need you guys to run things past you. The claim is for £243 including interest so I think I can safely say that I don't need to pay the AQ fee. Suppose I just wait for further directions from the court now, or is there something else I should be doing??

  11. Hijack away.

     

    Back to a spot of business

     

    I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

     

    The defence is as follows:

     

    1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

    2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

    3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

    4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

    5. Save as set out above, each and every allegation made by the Claimant is denied.

    For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

     

    They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services" :p

  12. Okay, I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

     

    The defence is as follows:

     

    1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

    2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

    3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

    4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

    5. Save as set out above, each and every allegation made by the Claimant is denied.

    For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

     

    They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services" :p

  13. When all around us people are cheesed off and miserable, you guys never cease to cheer me up. You've made me laugh more this evening than I have in days. Thanks Pete

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