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gezwee last won the day on March 11 2012

gezwee had the most liked content!


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  1. Hi Asokn Excellent stuff, now try expanding on what the OP should be looking for to assist in his case. The forum is not all about a yes or no response, try to afford the OP a little guidance. Sorry....... hardly an enlightened response, it was this section of your post that I considered: 'then you can file a part admission and defend the remainder.' Gez
  2. What dx said too Start getting some data together to see how best to dispose of the claim Gez
  3. Why? Have you sighted the agreement, the terms, the statements of account, the default notice, the termination, the assignment/s, the value of PPI [if any]....... don't make speculative statements only to withdraw from the thread. If you want to assist, do so, if you want to speculate on unknowns why bother posting?
  4. Crikey, thats more detailed than they usually manage I'd get a part 31 and 18 pt-legal issues-compilation.pdf served on them asap, along with a SAR to Lloyds........ you could defend as the claim stands but depending on how you want to play it a partial defence on the PPI and accrued interest may sit better with the court. If its a sizeable value it may sit better with you too. Try to get them to agree an extension [part 15] so it gives you time to push for a response to the SAR http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection Gez
  5. Hi tw Acknowledge claim....... aos, acknowledgment of service, ack claim..... all the same, just means you need to acknowledge the claim if you have a defence or partial defence [online I guess as its Northampton], did you receive a login with the claim pack? date of claim + 5 days deemed service + 14 days to acknowledge, gives you another 14 days to enter a defence - 33 days total. Can you post the particulars of claim verbatim [less any identifiers] Gez
  6. Hi tw Guessing from your previous post you know when to ack claim by. The one question that springs to mind is, do you have all account data to enable calculating PPI + interest for the term? If you can mitigate cost exposure to a minimal sum it may be prudent to consider offering to settle by t/o on your terms for settling any balance. Gez
  7. I think it would be wise to ring the court and ask if they can send you a copy of the particulars. Assuming it wasn't served to your address you could look to set-aside Gez
  8. Hi Asokn At this moment in time, its a question of halting the enforcement of the consent order so that stuck can protect her position. The result would possibly be the same with RBS or Natwest as claimant but there is still the need to follow procedure. I suppose it could be suggested that the prejudice to the defendant was the original non service of claim, misappropriated payments, non reviewable consent agreed to whilst under duress, costs attached to consent with no agreement in place to do so. The hearing itself should afford the OP the opportunity to re-open the order and mitigate any future financial damage the banks counsel have caused in their failings. Gez
  9. Hi w1n The ico help page is here http://www.ico.gov.uk/complaints/data_protection.aspx There's a set format for making a complaint on-line [page numbering etc] and they do take a while to get a case officer on to it so be prepared to have a little patience. Yes, you really should make a request for data to the OC, they will hold the original documentation for the account and its they that you will be reclaiming your PPI from [assuming missold]. There's a template in the library section http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection Gez
  10. Hi w1n No real possiblity of mistaking it for anything but a request for personal data...... me thinks the collections manager needs educating. As they've now had the money you may as well push them in to compliance, make a complaint to the I.C.O [as well as sending your own reminders to Robbers] and consider whether you feel up to the job of suing them. You still really need to get a request off to the original creditor though, another tenner but money well spent. Gez
  11. Hi Gany A typo it may be, but the claimant is now seeking to amend by way of part 17 . No application having been made to substitute. Gez
  12. Gany I have the same doubt, Natwest do not litigate, all proceedings are instructed by RBS........ where the claimant fails to show cause the particulars cannot be undone without evidencing the chain of assignment. If its an error that cannot be undone the case fails If the claimant wishes to replead on pre and post filing assignments they must apply and show evidence of the chain. It is not enough to request a slip correction. From the logic of your post it would be acceptable for Santander to plead cases for Barclays accounts, 2 separate legal entities no cause without assignment. Gez
  13. Hi DD I have a suspicion the court will require an application from you, they do very little of their own volition if there's an option for a fee paid service. If it falls to an application to resolve this, you may as well spend the £80.00 on a strike out and put them to test on the assignment. There's nothing wrong with your letter, if anything it probably affords the claimant far more latitude than they should hope to expect given their conduct. Pickthall........ you have the gist of it. Claimant seeking equitable remedy must come with clean hands, in basic terms, they cannot benefit from their own unfair actions or wrongdoing. Gez
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