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RaoulDuke

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Everything posted by RaoulDuke

  1. ha ha I'm a winner baby!!!! Money in the account!!!! happy days!!!! I have cancelled my court action. Just wanted to say a massive thank you to everyone who has helped along the way in particulat lattie and netty. So one last request who do I PM to get moved to the successful winners enclosure and I'll make a donation as well. Cheers Everyone! News: Car should be sold Sunday! DIY nearly finished all going well with baby should arrive circa 21st April!!!
  2. Peanuts a girl, we couldn't wait and found out at the 20 week scan!!! but penauts just stuck from the first scan!! ET I rang DG and asked if they were filling their AQ which they said they were, I got their copy of the AQ and an offer letter in two separate envelopes on the same day. Think the phone call did nudge someone to make an offer. Although it maybe worth noting I only rang them once after I found out they hadn't sent the AQ to the court by the first deadline. FTO still for sale!!!!
  3. Yep its a full and final offer (about 6k), so I'm chuffed so long as they include the £100 for the court fee I'm really happy. Have sent the acceptance letter and stuiff in the post today. A big thank you to everyone who has helped me out. I'll be making a donation when the cash comes in and will ask to be moved to the 'sucessful claims bit!!!' way hey.... but onto more important stuff!! Baby peanut still going strong, due date still middle April, I have a carpet fitter in today and the light at the end of the tunnel is 6pm Good Friday when DIY ceases no matter what!!!! Car still for sale!!!! can't believe no one wants Evil Kitt!
  4. ET Hows tircks? I had an offer over the weekend? have you heard anything?
  5. Hi Folks, Pinky and Perky were right, offer made over the weekend, I'll post more of the details in a bit (stacked at work!!!) but can anyone signpost me a link about how to accept? and how to proceed? Cheers Rich
  6. I'm loving it!!!! thanks guys, well see what happens and I'll keep you posted. Baby not arrived yet! Car still not sold (anybody want a Japanese Import FTO, 2lt V6, you'll look real kweel in it), but DIY going great!!!!! Raoul Duke
  7. Howdy Everyone Rachel from DG returned my call today, I asked if they have recieved my AQ which they have, I also asked if they were going to file their AQ soon. Apparently they are and will be in contact shortly. Lattie your AQ post is brilliant. Raoul
  8. Howdy All Just rang Birmingham County Court to check they had recieved my AQ (They have although it hasn't gone down to the Judge yet). DG haven't sent theirs in despite the deadline of the 18th March. I also rang DG on 01214552701 and left a message asking them to give me a call back to discuss their AQ. I really opose the fact they are allowed to miss the deadline with no penalty! As their client gives no such liency to its customers.
  9. Hello all, AQ forms all sent off with next day delivery on Thursday 15th March, AQ deadline was 18th March so I'll ring the Court on Monday and see if DG have filled theirs in time. Cheers Raoul
  10. Hi Laterus Think I've got it sorted, I was sent the N150, my total claim is over 5k but thats after interest. I'm filling the form in with teh relevant bits, some feed back before it goes would be great if you have a spare bit of time. (Jimmy no probs on the gatecrash good luck). Location of trail : Birmingham. I am a private individual, and claiming against a company who carries on business in this location,I feel the case should be heard locally to my residence. Track: The claim figure is below £5000 before interest is added. Proposed Directions : I have attachted a list of proposed directions (the ones recomeended) Other Information : The Claimant respectfully suggests that special directions may be made as per the attached draft order. If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's. - In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. Hows that? Also do I intend to make any applications in the future? Raoul
  11. Hi Laterus Thanks for the nudge, I'll do some work on it today and post what I plan to send on the forum later this afternoon. Cheers Raoul PS: DIY still on going!!!! Car not sold!!!! Baby Peanut on her way!!!
  12. Hi ETPhoneHome AQ stuff was waiting for me when I got home yesterday, my last date for filing AQ with Court Office is 18.03.07 is yours the same? Raoul
  13. Oh yes I'm about to become a proud father for the first time! AQ (last date for filing AQ with office) 18th March FTO (for sale!) 19th Feb Diesel Salon (car hunting!) 28th Feb DIY (date for completion) 8th April Peanuts (date of arrival) 21st April
  14. Laterus.... you are an absolute star!!!!!! Had teh AQ documentation waitingon my doorstep when I got home last night, will spend soem time reading through it today and the other relevant posts. Thanks Again Raoul
  15. Hi EtPhonesHome Think it might be worth us buddying up? my MCOL expired on 28/2/07, I expect my AQ stuff will be on the doormat when I get home. I'm a bit rushed today, but will spend some time on it tomorrow. And I'm expecting April! well my partner is, I'm just getting fat and slavering the house in paint. Raoul
  16. Howdy all So now I wait for some coresspondance through the post? Does any one know of a good link to look at so I can prepare my next load of paperwork? The step by step guide for beginers seems to have dried up!!! Cheers in advance Raoul
  17. Howdy all We DG have decided to defend in all, checked the MCOL website today and teh judgement button has disappeared, when clicking on the claim I get the following: The following information relates to your claim: Claim Description Claim Number Status of this Claim HSBC Bank Plc ******** Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. For further information, please visit the Tutorial for Money Claim Online or contact the Customer Help Desk.
  18. Cheers Netty They have now been sent recorded delivery, I'll give them a call after the weekend to see if they have them ok. Raoul
  19. Hi guys quick question, I'm sending the charges schedule to DG and the Court manager today, do I send the spreadsheet which breaks down the interest or just the list of charges? NB I've incldued the 8% interest in the MCOL application Cheers in advance Raoul
  20. So now I'm going to send the 2 copies of the schedule to the Court manager and 1 copy to DG with the following letters: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours sincerely, and DG Dear Sir, (Your Name) -v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a copy of my schedule of charges relating to the above claim. Yours sincerely,
  21. Howdy All I've now recieved two pieces of post. 1: Notice of Issue : single sheet stating my claim was issued on 29th January. It was sent to the defendant on the 29th and deemed to be served on the 3rd Feb. The defendant has until 17th Feb to Reply. 2: Notice that Acknowledgment of Service has been filed : 31st January. An Acknowledgment of Service of your claim has been filed today, a copy of which is attached. The defendant now has 28 days from the date of service of the claim form to file a defence. Acknowledgment of Service. DG Solicitors. They intend to defend all of this claim. 31st January.
  22. Dear All Had some more correspondance from a Susan Loker, (as I gave them a further 10 days before submitting the MCOL), anyway they have written the following "Thank you for your letter dated 16 January 2007. I can confirm that the Bank's position has been clearly stated in our letter dated 11 january 2007. this letter constituted our final response with regard to this matter and advised that should you remain unsatisfied, you have the option to refer to teh Financial Ombudsman Service as detaile din the leaflet provided." MCOl has been started anyway now (as they didn't respond in time) so I'm not responding and just follwong the MCOL procedure. Hope your all well. Rich
  23. Cheers Netty I've been following your thread with interest, good luck for both of us!
  24. Right I've submited my MCOL for the tune of £5915.87 (including interest), court charge wa £250, guess I just need to wait now until they defend! Raoul
  25. Hello everyone No reply from HSBC so sending my MCOL today, in fact HSBC still havn't got back to me with disclosure of any manual intervention. Anyways pressing the submit button shortly! Cheers Raoul
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