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Junglistboi

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Posts posted by Junglistboi

  1. As expected I have received a letter from D+G saying they have put a stay on my case. Court date is this Friday the 17th. I know I'll probably have to wait like everybody else but I did hear somewhere that you can appeal against a stay in times of financial hardship.

    I sold my car about a month ago to pay off some debts and to avoid slipping under. I now have no car and have to rely on lifts to and from work every day which is 10 miles away. I planned to buy a new car and pay off the remainder of my debts with my charges money.

    Would this count as financial hardship? I can't possibly be without a car for up to a year while waiting for the test case to finish. I need to get a car to get to work.

    Anybody know if this gives me any leverage in the getting the case heard? If not I am slightly screwed!

    Any ideas guys? Thanks

  2. Oh dear, here we go again!

     

    Have just had another letter bac k from the court ordering me to revise my particulars of claim AGAIN!

     

    I quote "The Claimant must amend or substitute the particulars of claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they were incurred."

     

    Can anybody advise me as to why I have had this returned again? Is my judge just being difficult or am I genuinely missing something here? I have followed all the advice I have been given by you guys (thanks again by the way) but keep getting kncoked back like this.

     

    Ok as I understand I must now go through the list I had printed of the charges from the money saving expert website and amend to to say unauthorised overdraft charge, card missuse charge etc. Can this be done by simply writing the charges on next to the original document by hand as I only have hard copies and would have to draft up a new list otherwise (quite extensive as they are so many charges). I am more than happy to do this if it's what's required as I don't want to screw this up.

     

    Also it says the POC needs to be amended by 'setting out the case' Have I not already done this?

     

    God this is much harder work than I thought it would be! I am far from giving up yet though. Oh and due to the fact I was at Glastonbury last week when the letter came I now only have until Monday 2nd July to sort this out and get it back to the court, GOOD! lol Any input greatly appreciated, cheers guys

     

    A

  3. My God why do I bother?

     

    Just phoned Hitchin county court to find out what was going on and was advised my revised POC have just (7th June) been sent up to the judge. Seeing as I sent them on the 14th May I asked them why it had taken so long to which the hag at the court took particular offence and explained that they had a backlog and were dealing with things in date order. When I asked if she knew how long it would take she said 'No, the judge will look at it when they have time, thanks, bye' and promptly hung up!

     

    I fought the urge to phone back and tell her how atrocious her telephone manner is for fear of jeopordising my case. Looks like i'll just have to wait!

     

    [edit]

  4. Sorry Div but they guys are right. I wouldn't have described it as hostility to MSE but they did leave me a little high and dry and in danger of being struck out.

    CAG do go that extra bit to make sure everything is as it should be and I will definately be using this site from now on. The advice I have received has been bang on target and at the end of the day if these people weren't doing such a good job I would be paying a solicitor to help me out right now.

    Keep up the good work guys

     

    Ad ;)

  5. Ah ha, Castlebest you're a legend! How just found the POC template in the library and it is a lot more in depth than what I was advised to put by the money saving expert website. Also I need to send a letter outlining the charges to the court in question.

     

    Guess i'll get that together and send it off and hopefully that'll keep the judge happy. Thanks for the help guys i'll be back to update when I hear more from the court. kepp up the good work :D

    • Haha 1
  6. Ok I am getting there (slowly). Yeah the letter basically says I need to 'set out a concise statement of the facts. (Stylised particulars do not constitute compliance)'

     

    I remember when filling in the MCO claim form in the particulars of claim section I could not fir in all the text it was advised from the money saving expert website. I removed the bit I perceived to be of least importance so I could get the majority of the text on there. This I feel may be my donwfall although I could see no other option at the time. Here is what I put

     

    Between the dates of 15/02/01 and 17/10/06

    the Defendant applied numerous default

    charges to the Claimant?s bank account.

    The charges applied constitute an unfair

    penalty under the Unfair Terms in Consumer

    Contracts Regulations, which state: ?A term

    is unfair if it requires any consumer who

    fails his obligation to pay a

    disproportionately high sum in

    compensation?. The amount charged does not

    reflect the cost of the breach.

    Under the County Courts Act 1984, the

    claimant is entitled to interest at a rate

    of 8% per annum from the date they were

    first deprived of the money to the date of

    this claim. This amounts to a total sum of

    £914.37, continuing to accrue at the

    statutory daily rate of 0.021% until

    judgment or earlier payment.

    The Claimant therefore asks the court to

    enter judgment in their favour for the sum

    of £4284 plus interest, amounting to a

    total of £5198.37.

     

    The letter also states I need to set out the particulars of the claim in plain english. Surely this is plain enough no? I am presuming there is just something I need to add.

     

    Thanks guys

  7. Hi yeah that does help a little tahnsk but in terms of what I actually need to prepare I am stuck. I have follwed the money saving expert sites advice step by step so why has nobody else received this? Surely I have provided all this information already no?

  8. I am in the process of claiming back approx £5,500 for HSBC inc fees. I returned my allocation questionaire to my local county court about 1 month ago and yesterday called them to see what was going on. They told me the case had been referred to the judge and I would hear something within 5 days.

     

    This morning I received a letter (which I have not yet seen, mum opened it on the phone) stating that I need to provide more concise information relating to the claim and referring to CPR 16.4 (1)!!!!! I have no idea what this means and am completely lost.

     

    I am also a little worried that I read on another site one lady lost £2000 off her claim for not doing this correctly. I know this is a hasty post seeing as I havent read the letter myself but I am just a bit worried as the letter says I need to return this information by the 18th May or my case will be thrown out!

     

    Any information is greatly appreciated, Thanks very much

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