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ebod_files

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  1. Consumer Direct adviced today that the Statute of Limitations Act 1980 states that suppliers can recover charges up to 6 years old. So I went against your advice dx100uk and asked them to explain the bill. Will see what they say!
  2. I received an aggressive letter today from Good Energy telling me there's an overdue amount of 246 when they supplied my house from March until November in 2005! As far as I was aware the bill was settled and I heard nothing more from them, having moved out of that property in August 2006 redirecting my mail for 3 months and never hearing from them again. The Consumer Focus website advises that members of the Energy Retail Association can only backbill for a year, but Good Energy isn't part of the ERA. Does anybody please have some advice?
  3. In my N244 I think I put DISTRICT instead of CIVIL on part 5 Level of Judge...
  4. Blast, Received a letter from the court, I am writing to inform you that your application was referred to a Judge who has stated that as per paragraph 2 of the stay order of 14th august if you the claimant wish to make an application to lift the stay then you must make an application to the designated civil judge. Blast I sent my application to the wrong judge - and now the date limit has passed, Is there any chance now to still apply for a lift, or will I have to wait?? Experiencing real financial hardship...
  5. No response from the court yet about my application to lift the stay, but yesterday received a letter from DG Solicitors from Jason Newbold. Dear Madam, (lol) We refer to the above matter. You have referred your complaint about bank charges for determination in Court. We are confident that HSBC's charges are fair, transparent and lawful. Since you filed your claim in Court HSBC (along with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. If it has not already been stayed, we will be applying to the Court for an order to stay your action until resolution of the bank's proceedings with the OFT. Given the court case our client has also asked for Financial Ombudsman Service ("FOS") not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Our client asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our client's web site at hsbc.co.uk We have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible. We will ensure that your claim will not be adversely affected by the stay of your court proceedings. Yours faithfully DG Should I respond to DG or just wait for the court to respond?
  6. Right then, I've applied to lift the stay. Fingers crossed!
  7. Similar to me, the stay is dated 15 August, the general form is dated 22 August, I received it through the post 29th!
  8. Got this through from my court. UPON reading the file AND upon it appearing that the issues in this case are to be considered in litigation commenced by the Office of Fair Trading against certain banks in the High Court of Justice, Commercial Court, 2007 Folio 1186, to be heard during January and/or February 2008 ("the OFT test case") AND upon the court of its own initiative pusuant to CPR Part 3.3 IT IS ORDERED THAT: 1. The claim be stayed forthwith pending the final determination of the OFT test case. Such final determination shall include any appeal. 2. Permission to apply to lift the stay or to set aside or vary this order within 28 days of the service of the same. Any application shall be on notice to all other parties and shall be supported by a statement setting out why this claim should proceed before the final determination of the OFT test case. Any such application shall be listed before the Designated Civil Judge sitting at Winchester unless specifically released by him. 3. Unless the court has already given directions, any party may and the defendant shall, within three months of the final determination of the OFT test case, apply for directions for the future conduct of this action. Such directions shall be sought from a District or Deputy District Judge sitting at the County Court where the claim is proceeding. I don't want to wait until Feb for a decision, so will probably request for this to be lifted. Please would somebody advise what is likely to happen next if I request a lift, and what would happen from there?
  9. Alright peeps, I called my local court today to find out what was happening and DG filed a defense on the day of their deadline. It's now been referred to the district judge (who visits the county court here in Newport, IOW on a Tuesday and Thursday) to decide on the course of action, so I wait with trepidation for the directions...
  10. Great. Just looking at my schedule of charges that I submitted to court, compared to the one I am going to be sending to DG. The 8% interest rate has increased because of the time lapsed from 358.73 at the time of the claim to 364.41 now. Before I panic I'm just wanting to check if this is okay to send this schedule of charges with the updated 8% interest calculated? ta
  11. Just a quick one pd, should I be putting here the date the claim was issued (27 June) or the date that the court deems it to be served (29 June) ta
  12. Ah, my notice of issue states the claim is deemed to be served on the 29 June so the 28 days that DH can file a defence starts from then. I do have the Notice of Acknowledgement of service so will now contact DG for the first time with my schedule of charges. Thanks for holding my hand
  13. Alright peeps, Today I received notice from my local court (Newport, IOW) that the defendant filed an acknowledgement of Service on 9 July. So DG now have 28 days as from when my claim form was filed (27/6) so they've got untill the 25th to file their defence. Please would anyone advise me what I should be doing now, while waiting for the next step?
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