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manjusha

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About manjusha

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  1. Thanks Sali. I will give PALS a call tomorrow and also do a SAR letter. Do I still need to send a cheque for £1? I am a bit wary about going to a 'No Win No Fee' solicitor. Will keep you posted. Thanks for the help.
  2. Hi all. I am looking for some advice and help from the learned friends on here to solve my dilemma. I was taken to A&E of my local hospital on the 26th Dec 2003 with excessive bleeding and abdomen pain. They tested my urine and told me I was pregnant, which I was not aware of. They admitted me to do further investigations and gave me morphine for my pain. They then told me the next day that there is no weekend scanning available and emergency scanning has to be authorised by a Registrar, which there wasn't. My condition was getting worse and worse. Then two whole days later, Mond
  3. Hey, I seemed to have missed all the fun. This is fantastic news Leccy! Well done, you deserve it. Get some rest now. You have had enough stress for a lifetime!!! All the Best!!!!!!
  4. Hi EL. I have had a quick read and sounds like you had a really hard time. But do you know what, I have a strong feeling CL will back down before the next hearing. This whole matter has probably already cost them more than the actual debt. And end of the day, they will have some one with a commercial hat on who will see the sense in not carrying on. You have some more breathing space and don't rush into filing the defence & CC yet. Remember, when you do it, it has to be the final say and therefore, try and get the advice of all the experts on here. XXX
  5. This is what happened in my case. The T&C they produced did not have a clause 7 and the Judge threw the claim out. This is what I have been saying to you EL all along that its very important to establish if the T &C they have given you has a clause 7 that says what they have inferred to in their particulars of claim.
  6. EL, That looks perfect. I wouldn't leave it till tomorrow just in case. Have to rush to work now but good luck. X
  7. EL, Your credit agreement & letters scanned are so identical to mine. The only difference (maybe the vital one) is that my one hasn't got that 1st para on APRs (in the box). I also argued that the document starts of by saying "Thank you for taking the time to apply for an account card." If I remember correctly it also says something on the likes of "By making this application....." just above where you sign. I asked the Judge does this mean this is an application or a credit agreement. The Judge thought about it for ages and said its a good question, as he can see anyone would be con
  8. EL, Just had a thought. You said that you can't read clause 7 because its very small. s61 of CCA 1974 Signing of agreement (1)(c )A regulated agreement is not properly executed unless— © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible. Surely, if the Terms & conditions they provided are not readily legible then the agreement is improperly executed. You could then use the s127 argument. Its a loose argument in this case as it will be hard for you to prove any prejudice
  9. Hi Electric, The reason I asked about clause 7 is because it is mentioned in your Particulars of claim (as was mine). But when I asked for a copy of the credit agreement they supplied me & filed at court a different set of terms of conditions. These were numbered in a way that there wasn't a clause 7 at all. That was one of the main reasons my claim was struck out. This could explain why on your T & C clause 7 is highlighted.
  10. EL, Another thing that I just noticed whilst looking at the NOA. Its dated the 9th March 2007, which was a Friday. Howard & Cohen issue proceedings online 99% of the time to save costs. This was disclosed to me by their advocate on my second hearing. So they issued online on a Friday and sent you the NOA on the same day. But your POC states that it was issued on the 12th March (Monday) in Northampton County Court. So they either issued after the court shut on Friday the 9th March or the court for some reason did not process this till Monday the 12th March. This is exactly identical
  11. Also have you got a copy of the default notice? If the amount owed on the default notice & Notice of Assignment include penalty charges, they are incorrect.
  12. EL, Is there a clause 7 in the T & C of the credit agreement? I can't make out from the scanned copy.
  13. Paul, Why was my thread edited? I clearly stated that I used the free service. This website is referred to by Martin on the MoneySavingExpert website as well. If EL or anyone else wants to use the free service on there, what is the harm? It was not a commercial link at all. Manjusha
  14. Hi El, What I do if I don't have a disk handy (or can't afford to buys some) is after scanning documents to a pc, log into my hotmail account and do an email to myself and attach the scanned documents to the email. I then have the docs scanned with the email sitting in my email inbox and can access them from any PC. As for uploading them on here, have never done it so can't help on that I am afraid. I also found the following website quite helpful. I only used their free service and did not purchase any of their services. {Edit} Manjusha
  15. Hi Electric, As you know you & I had a similar case against CL & GE. The claim against me got struck out & I won some money & costs too. Here is a copy of my defence. Hope it helps. _______________________ 1. On 18 May 2005, when I signed agreement with GE Capital Bank for a Debenhams Store Card I was not shown or given the Terms & Conditions of the agreement. Claimant refers to these in the Particulars of Claim as being in Clause 7 of the agreement. However, I was not given these either at the time of entering into the agreement or when they sent me a copy
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