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KTF

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Everything posted by KTF

  1. hello , back again what other info do you need ?? thks
  2. OK,apoligies , i counter claimed rbs and case put on hold . My ex wife recieved the piece of paper ,at top of page it says GENERAL FORM OF JUDGMENT OR ORDER Before Deputy Judge xxxIT IS ORDERD THAT This matter be listed for a case magement conference , on xx at xxxx parties must file and exchange 1) a case summary 2)an itemised list of issues 3) a draft order or directions 4) upto date time estimate if no final hearing their original claim was 10k , i counter claimed for about the same is there any other info you need , its dated 13 july 2011
  3. hello everyone , i apologise for it being a bit long but bear with me , After the High court ruling on bank charges (i did counter claim RBS ) it was put on hold and the stay lifted , I then split with my wife and i moved to various rented addresses .. and out of the blue i ve been told that they are pursing me for their original claim 10k which is made up of quiet a few charges ..,ive now been told by ex wife that i need to attend court for a general hearing in a case management hearing in august by telephone conference before a Distict judge , ive just been told this where do i go from here any help would be appreciated thankyou in advance
  4. hello can anyone help, i am in the middle of a court case which has been stayed , but i have recieved a letter from RBS Credit Services on saturday saying that im in arrears and owe them the amount i defaulted on , and they enclose a statement saying that they need to do this due to 1974 consumer credit act ? but this is a normal bank account not a ccard, shall i ring them at kendal court or their solicitor either way it will be in my court bundle . also the phone calls have started again ..any thoughts, thks in advance
  5. hello just putting my two penny worth in , i thought this was sorted long time ago , did you try the SMMT as i had posteded way back ?, once they got involved in my very simalar case between my warranty company and a car dealer things moved a long rapido, just trying to help, my car was off road for 6 months whilst i was going from pillar to post .
  6. Hello just popping in to help, when i was stuck between a dealer and the warranty company in a very similar situation to yourself neither which wanted to help , i got the SMMT UK: Motor Industry Sustainability, Competitiveness, Legislation, Technology, Globalisation, Retail Distribution, Education involved 0870 751 8270 they are only open 10-12 in the morning i found them very helpful , just a thought. good luck
  7. Also They Want To Ammend Now The Amont Being Claimed By Them As They Have Miscalculated, Im Still Waiting For Compliance On A Copy Of Default And Lba
  8. could anyone advise me on this plse ?
  9. thankyou for merging it, my apologies
  10. Hello my dilemma is this , on fast-track and the banks solicitor is asking for my consent to stay the claim until the ruling of the OFT case , as they say it will be stayed anyway if we proceed any thoughts? they took me to court and i counterclaimed with the help i received from this site ?
  11. thats what i thought , thks , i will keep the thread updated , i will pick out the relevant bits 1) no LBA from them , 2)no default recieved . , The bank is still being arrogant in my off site meeting with them 'to save as to costs' . i hope it does n't get stayed
  12. thankyou , but this case is a personal account, i am at the disclosure stage i have disclosed what they were after ie charges ;statements so i was looking for a pointer to what i could write to the district judge to get a legal base to get the case struck out ?
  13. Hello im just searching for an answer to my predicament , my case is fast track that the bank are claiming from me ,and i counterclaimed for charges , been allocated to fast track hearing in october , can i get the case struck out? 1) they didnt respond to my original CPR request even thought registered and delivered in response to their court summons 2) didn't resond to 2nd request as the case was going to allocation so all facts would be available on standard disclosure. 3) havn't complied with my request for standard disclosure as their solicitor have not recieved the information from the bank as yet. any thoughts it seems like its a delay tactic as the bank rep in my 'without prejudice' meet said they would be asking for a stay anyway
  14. Cheers sweating on that , done now , sent a copy to their solicitor , and just for my peace of mind sent a copy to the court, i dont expect them to be as prompt as myself i think in serving theirs. thks for the help , the judge in his directions does not mention N265 so i will leave that out
  15. sorry for being so late in replying, im still a bit confused . i have the n265 , thats fine up to a point ,so do i add or not add the statues and the case law in my disclosure listing ??, i have all my correspondence dates there is not too much,are there any links to a filled out N265 form it would be a great help , i have just found out that this does not go to court just their solicitor , ?
  16. ok, thks for the replies. it is for my current account which they served a court summons on me and i had to counter claim on them , my charges amounted to over 50 % of the defaulted amount ,you can read my original thread, just re-read the 'notice of allocation to fast track ' due in sept so i need to put together standard discovery by list which i need to give to them as i have said i have the correspondance list its just the others im not too sure on ? thanks in advance
  17. hello can anyone look at my disclosure list and suggest any additions i could make , i have taken it from Karnevil's old post , 2. Authorities ...........Description ......................... ......................... .............No. of pages (AA) -- Copy of bank statements printed from online banking provided by Abbey (BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10 (CC) -- The Supply of Goods and Services Act (1982) - 13 (DD) -- Unfair Contract Terms Act (1977) - 9 (EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35 ( FF) -- House of Commons Early Day Motion (EDM 2227) - 1 (GG) -- House of Commons Select Committee on Treasury Second Report: ‘Transparency in charging’ - 10 (HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3 (II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 - 2 (JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) - 2 The Claimant will also make reference to the following case laws; 1. Murray v Leisureplay [2005] EWCA Civ 963 2. Wilson v Love [1898] 3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752 4. Bridge v Campbell Discount Co. Ltd. (1962) Statement or is there an updated list i have missed ?
  18. Hello all just to write up my disclosure list,and using the one from K arnevil . is there any thing i can add into the AUTHORITIES or CASE LAW , i can add , iam including sempra case as iam claiming contractual interest or can ony one past an up to date one for me pls?
  19. just statements is all i received in my SAR, i was out of the country at the time in rented accommodation in france when they defaulted me but the post was very intermittent, so i never received them and they did not provide copies of their LBA Default notice . Full disclosure is next week and trial is set for october , so they should turn up then i will check with the court tomorrow when a senior clerk is in , thankyou for the help again
  20. ok thankyou for the help , i will ring the court , as i said District judge has asked for full disclosure by early next week , my defence and counter-defence has been submitted therefore i have received 'A Notice To Fast Track'as its above 5k , the reason that i submitted a defence and counterclaim was still the non compliance of cpr in the first place and the timelines were very tight and i did not know which account i was defending as poc was incomplete , i have already submitted a SAR a year ago, and paid £10 all i got back were my statements. so SAR the bank again as i need the telephone calls which they admit the poc amount was completely wrong to start with.?
  21. ok my claim is on my previous threads if you care to look . its been moved to fast track but the amount in their POC is a higher figure than i defaulted on, this was confirmed by my bank but nothing was put in writing , all interest had been frozen after the default , charges made up half that amount and the interest had accumulated @ 29.84% , therefore i need to get telephone records from my bank , shall i CPR them direct aswell ?
  22. Could a mod move this thread to Legal Issues please , ?? if possible
  23. ok my case is moving on to fast track,but i have a problem with a non compliance of a Cpr 18 request from their solicitor ,they deny they received the request(i have proof of delivery) i have to give full disclosure in a weektime but they will not give me access to the transcipts of my phone calls to Credit Management which will be vital to my case after my second request they say the time line is too close to the disclosure date, what can i do if anything? The solicitor is adamant there i nothing he can do as in tough we didnt receive the request
  24. ok thankyou for your swift reply i just begrudge giving any more money to them as they have given me the runaround for nearly a year on a obviously faulty item and my time and money waiting for engineers .
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