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dadofholly

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Everything posted by dadofholly

  1. Have you sent any of them an SAR? Are you saying that none of these companies will tell you what these charges are for? If they are stated as legal charges - has any recovery action taken place since the hearing? Unless the charges relate to action taken before the previous court hearing i am not sure that the judges order will be relevant to any 'new' later charges. What was the wording of the court order? If thse companies are refusing to deal with you, you may be better off complaining to the FOS, rather than taking legal action.
  2. Going back to the start of the thread can you clarify a couple of points. Is this still a live account? Have you asked the OC what these 'legal charges' are for ?
  3. sick of thames credit You realy need to concentrate on getting the set aside an the grounds that you never recieved the claim - do that first. Then we can start looking at mounting a defence.
  4. The op states in first post that the claimant had previous dealings with them at their current address - The op also states in various posts - on this page - that they have recieved, and are still receiving, paperwork from the claimant at the corect address. So they had obviously made a trace. The op confirming - or not confirming - their address is not a relevant issue - if the claimant was happy to send numerous communications to the correct address- why issue the claim to another address - at which the claimant has never had a connection? You seem to be hinting that theop may be at fault - or not giving the full story.
  5. Actually thats not correct - the claimant is trading - and is therefore obliged to abide by certain codes of conduct and legislation - and if they have deliberatley made the claim to the wrong address, then that should be complained about. No complaints are unnecessary if they are genuine. I would also suggest that if the claimant has deliberatley issued the claim to the wrong address, then you also complain to the Office of Fair Trading.
  6. If that comment wa aimed at me - I am stating a fact that a Judge can make an order that is binding. Was the wording of the T&C's lawful? No I dont know either. Hence it is the wording of the order that is important
  7. The cause of action is the last payment - so also report them for lying to you about the default. Halibutt - thinking of some of the issues my mother in law had trying to claim her PPI back i could believe it. My wife had to take over the letter writing in the end - and got a repayment with one letter. And me and the wife have the same discussuion every year about the date of our anniversary - neither of us can remember if it was the 2nd or 3rd Good kob we still have the certificate.
  8. Is this in documents submitted to a court? If not no - but if they are misrepresenting the facts - depending on the circumstances - it can be anything from a cock up to fraud.
  9. May be worth doing an SAR and comparing the signature to a doc or letter that was sent at another time. I done this to a credit broker and shown that two of my signatures had been lifted. Are they claiming that this is an original copy? strange that anyone would put the date of the signature as their date of birth Not exactley an expert forger. Have you reported this to the OFT?
  10. Report him for perjury - he must have known he was lying, he is head of the legal dept and would collate the evidence. Deliberate misrepresentation - be interesting to know if the Sols knew this - would be one for the SRA. At least report this whole case to the OFT.
  11. oooh - he didnt say that on oath did he by any chance? deliberatley misrepresenting the facts? Or just plain wrong - not a very reliable witness.
  12. Nice to see Cag get a mention from Welcomes Solicitor http://www.cleggssolicitors.com/nottingham-solicitors/index.php?view=article&catid=35%3Apersonalinjuryandlitigation&id=154%3Aharrison&tmpl=component&print=1&page=&option=com_content PPI claims at an end
  13. Relevant paragraph Nemo only came into the transaction at its latter stages. They had no knowledge of the communications between Mr Flanagan and Central, which Mr Flanagan relied on to establish a fiduciary relationship. On that basis, any claim for procuring breach of fiduciary duty as against Nemo was found to fail as the lender could not have been aware of any special relationship between broker and borrower. This is what makes it distinct from Hurstanger - Nemo had no knowledge. But i bet the paper trail in the OP's case shows a different set of circumstances.
  14. Yes i did - infact i only refred to Mr Palmer. And like i said it has nothing to do with the case i refer to - as the case i refer to does not include commission.
  15. Usually logs on a within an hour of each other too. And he even pops up on the very same threads.
  16. Not relevant - hurstanger is clear - no motive needs proving. It is either decalred - or not declared. If it is not declared it is secret. The broker simply needs to decalre that they will recieve a payment from the leneder - like mine did when they arranged my mortgage. Not rocket science.
  17. So how does this fit your reply in your post, (1795), that was a response to my post about Welcome? Not much point in searching -cannot be relevant to my post? Unless of course it is realy aimed at the OP - and an attempt to intimidate them prior to the hearing - anyone would think you are the solicitor acting for Welcome. If it is about commissions and brokers forget it - none of the cases ever quoted have the same set of circumstances as Hurstanger. Especially the often quoted Harrison v Blackhorse case as it was quite clear that Blackhorse were not acting as a broker.
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