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foolishgirl

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Everything posted by foolishgirl

  1. Think you'll be lucky - court staff will not express opinions on your intended legal actions.
  2. Not reread your thread hedman, but if the case was struck out, you can make an informal app by a letter to the court but I suggest that as it was a while ago you make a formal app - the form will depend on whether you go for summary or detailed assessment. These links may help you: http://www.consumeractiongroup.co.uk/forum/showthread.php?65921 This one by X20: http://www.consumeractiongroup.co.uk/forum/showthread.php?150028-arrow-global-receivables-cope-s-solicitors&p=1693196&viewfull=1#post1693196
  3. They have to send you an annual statement by law now but I note they have added on the costs of the court case before they have obtained judgment - naughty, naughty. They can't have them twice. Just keep hold of that statement & produce it at the hearing when it comes to deciding costs.
  4. Don't get euphoric wichy, this is only the first step. You MUST use the next couple of weeks to read up on the PPI issues & work out how you intend to challenge it. That AQ will be through your letter box quicker than you can blink & you need to know what docs to ask for as part of our directions.
  5. This is looking good wilchy. Would just suggest minor amendments to tidy it up a bit: Hint: Try & keep all it all in the third person i.e. the Defendant says etc, he says etc. Also keep your capitals consistent throughout eg. keep all Defendants as Defendant or defendant, same with Claimant etc.
  6. You need to send a list of the Authorities as part of your skel - you've got a PM. As this is SC & you have not been ordered to submit a full bundle, I would send relevant excerpts from the statutes you are quoting but full copies of any case law attached to your skel. to the court but just the skel to the Claimant. Make sure you take an extra copy of the case law, your defence & WS & your original docs to the hearing as it is not unknown for DJs not to have all the paperwork & you may have to provide a copy. Do you believe in Father Christmas?!
  7. 3. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award Put this as your last para 4. The Defendant believes that the PPI on this account was mis-sold and that the Claimant did not follow the FSA guidelines of selling PPI, The FSA has previously stated that EGG Banking PLC used ‘Inappropriate’ sales techniques and EGG Banking PLC has already been fined by the FSA for the sum of £721,000. The FSA have also found: (i) Failings in 40 per cent of Egg's telephone sales of credit card PPI over a pe riod of nearly three years. (ii) When Egg customers said they did not want PPI with their credit card, the company's used 'objection handling' techniques to persuade them otherwise. (iii) The techniques used by EGG Banking to sell PPI included over-emphasising the positive features of the PPI and in some cases where the customer said they did not want it, applying it to the credit card anyway. Leave all of the general info in this for your WS, concentrate on what actually happened with your account & in particular the figures that MandM will supply you with.
  8. - Witness Statement, it comes after a defence is filed & if the Claimant decides to pay his fee to continue with the case based on the defence you submit. It is a summary of facts as you see them.
  9. You are quite correct gh, I stand corrected: So, if they haven't complied with the court order by making an app within the given time, maybe a SO or SJ app from gareth?
  10. What are you doing with gareth's POC CB? To confirm, the files CB uploaded are the amended POC gareth although it's one fo the oddest I've seen - the author can't make his mind up if it's a POC or a WS. I suspect the copies you have with the black outs are the DOA. They didn't have to apply CB, it was ordered by the court. Does gareth have to respond? Hmm.. odd one. He is entitled to but has not been ordered to do so & as this looks more like a WS than a POC, perhaps it may be wise to look at what the court orders re. directions next week before submitting anything, particularly noting gh's observations above. Comments gh? Can you remind us what you applied for in the directions gareth please?
  11. POC link here: http://www.consumeractiongroup.co.uk/forum/showthread.php?274081-Urgent-Help-Needed-Please-Bryan-Carter-Have-issued-a-Judgement-What-Do-i-Do&p=3098750&viewfull=1#post3098750 caro has given you very good advice wilchy - try & work on your defence today, post it up & we'll pitch in with comments and/or tidying it up as necessary.
  12. Sounds as though they have sent you all the docs they are relying on aswell as the POC gareth. The contents of the POC should look almost like the N1 you received before. Can you post up what it says? You MUST submit a new defence to this new POC within the deadline specified by the court order - was it 14 days, can't recall - & you should address the issues of the incorrect sums etc. as gh has stated above. However CAGers can't help you that until they know what the new POC states.
  13. Skeletons are usually issued about 7 days before the hearing although it is not unknown for the Claimant to try & thrust one on you on the court steps It is basically a list of points you want the court to consider but not the legal argument for them & you include with it a list of Authorities i.e. the statute & case law you will refer to. There is a good eg here but there are others on CAG : http://www.consumeractiongroup.co.uk/forum/showthread.php?115280-Useful-Information&p=1147410&viewfull=1#post1147410 It's a good idea to print ALL the authorities out in full, sending copies to the court with the skel so the DJ has time to look it through before the hearing. More info here: http://www.hrothgar.co.uk/YAWS/ch_g/pt34.htm Don't forget to also submit your costs at least 24 hours before the hearing
  14. The format of everybody's defence is unique to their particular case but there are lots of examples of how to set it out on CAG eg: http://www.consumeractiongroup.co.uk/forum/showthread.php?148840-Is-this-an-enforcable-agreement-MBNA-help-urgent-please-***-WON-***&p=1801351&viewfull=1#post1801351 You will also find Egg defences in the Egg forum: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?51-Egg Yours will largely depend on the issues caro suggested above & these should be incorporated:
  15. Oh, shame, you've rattled their cage Monty The letter is garbage but disguised to make it look credible. I wouldn't enter into any more correspondence with them just get a WS ready to go. Have you heard anything further re. the directions you sent in with your AQ?
  16. Oh, small triumph. Looks as though someone has either found your letter or seen sense. I suspect the former, don't think they possess any of the latter. They can't send a whole file for a POC gareth!!! It should be one sheet max. Also they can't black bits out or how do you know the basis of their claim? Can you post up the POC please? They cannot obtain a CCJ without it going through the legal process & you are quite correct that you should carry on with your defence. You don't need to write & tell Morgans they have got it wrong - you've told them that ad nauseum already - & IMO you're wasting a stamp & your time. However you DO need to submit a defence by the deadline specified by the court. Was it 14 days after the amended POC date? What date does that make it?
  17. Yes, providing it's not too wordy, there's a limit. Sorry, no experience of PPI
  18. Just noted you've already had a 28 day extension Wilchy. That's all you're permitted under CPR so if you want more time, it should be a stay. Don't worry if you've already asked BC for an extension but if they agree, you would have to make an app for a stay rather than an extension. I suggest you press ahead on getting that defence in on the 18th based on PPI issues
  19. Comments below AM: Again I'm doing this from memory so will need checking when I have an N149 in front of me.
  20. Yes you can but it may be a good plan to issue a skeleton nearer the time (even if not ordered) that would include the authorities you will cite at the hearing incl. the OFT guidance.
  21. Yes, but the Claimant's address should be stated as the London registered office, not the one in the US. How does BC keep managing to make so many elementary errors?!
  22. Why? Waste of time & money. Put your anger to good use & follow Andrew's advice.
  23. I've not read your thread through AM so which court did you get the claim from? It's at the RH top of the form. If it's Northants, it will be allocated to your local court after the AQs are filed. The N244 is submitted to the court shown on the claim. When you've decided which way to go, shout if you need help with the forms.
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