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Everything posted by StayingCalm

  1. Hi sparty Just wondering if you may be able to claim back what you have paid to this DCA. Regards SC
  2. Hi bh Have just read through your thread. Any update? I saw Restons off about 12 months ago, they discontinued!! Regards SC
  3. Hi GhostDebt Re CL Finance statement. Will probably just ignore this. My strategy for the last 12 months has been to ignore (and file) all correspondence from DCA's. CL has been the only DCA to issue proceedings. Regards SC
  4. Hi GhostDebt I have also recently received a statement from CL Finance including costs. Brief summary CL Finance / HC issued an N1 against me. Sent CPR 31.14 request to HC – No response Issued N244 for delayed Defence and Unless Order for supplying documents (plus costs if they do not comply) Still no response from HC Court strikes out claim HC send cheque for my costs Statement from CL now has Court and Solicitors Fees and the Costs paid to me all added on!!!!!!!!!!!!!!!! Regards SC
  5. Hi Tonks Following your thread with interest. Have recently received my first letter from ****. Good luck Regards SC
  6. Hi LB145 Following your thread with interest. I too have recently received the same letter and 2 x T&C from Lloyds in response to my CCA request. Also the same letter from **** and now the same letter from MHA has just arrived. If you look at the small print at the bottom of the MHA letter you will see MHA is a trading name of Lloyds. You will also see all letters from Lloyds TSB (credit card statements), **** and MHA all have the same PO Box 487, Brighton return address on the back of the envelopes. Regards SC
  7. Have spent the last week reading this amazing thread and have at last got to the end. I wish Fred the best of luck and can not see how he can possible lose with all the help here. With regard to the VAT issue it is my understanding that Insurance Companies are unable to reclaim VAT, and this is the reason they always deduct VAT from claims if the Policyholder is registered. Regards SC
  8. Hi reggie As has been previously stated an Invalid DN should be a complete defence, and as stated by the Judge in my case is FATAL to the claim. (Restons discontinued). The two Solicitors you have seen may not be fully au fait with the CCA1974, so their opinions could be very misleading. Regards SC
  9. Good luck for today PF Regards SC
  10. See also from post 363 on, on zhanzhibar's thread. Very very good news!!!! SC
  11. Hi MM Thought that might be the case with the ‘offer’ they made. If the DN is defective you should have a cast iron case and this is probably the easiest weapon to use against Optima. They must surely realise their case is weak, and is the reason for their offer. Have you seen posts 314 and 325 by BRW on zhanzhibar’s thread. http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-6.html#post2177953 You can also counterclaim for unlawful rescission of contract, £1000 I believe. Regards SC
  12. Hi PF This is what x20 posted about costs after Discontinuance. Re: arrow global receivables/cope's solicitors Post No. 89 I have prepared a draft bill of costs for detailed assessment and draft notice of commencement. Both are attached in pdf format. In drawing the bill I have tried to keep it as uncomplicated as possible whilst seeking to demonstrate how to maximise the amount which might be allowed. The documents may be of general application in litigation to include for example, dealing with a costs claim after successfully obtaining an order setting aside a
  13. Hi miss muppet And congratulations, very well done. I am so pleased my thread http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html has been of some assistance to you. Being my first case I learnt so much from pt and sx20. Anyway, good luck with your case, if Optima Legal have any sense they will discontinue before this gets too much further. Regards SC
  14. Hi AG Very well done. Great result. And thanks for the detailed report of the proceedings. Regards SC
  15. Thanks everyone We are away for a short break to see our daughter at a holiday cottage from early Thursday morning :D, so wont get any post now until at least Sunday No internet either, so see you all later. Regards SC
  16. Hi shammy This is looking very good for you. My Unless Order has just expired with no response. It is on the end of x20’s thread, page 10. I received my N1 in October 08 and followed x20’s advice with an N244 for an Unless Order and did not file a Defence. Your way seems to have worked out much quicker. Would it be possible for you to post what you used as your Defence? Here’s hoping you don’t get a response either. Regards SC
  17. Hi all RE UNLESS ORDER I phoned the Court yesterday as advised on here and was told that there was a diary entry to check my file and then they would automatically issue an order to strike out the claim. Due to work load this is not always done on the date the Unless Order expires and could take a week or so. However, as I had now phoned and she has checked my file, she said it would be done straight away. So it’s looking good, fingers crossed. Just waiting for the postman now. Regards SC
  18. Hi mitz I do hope you got on OK today, only just found your thread. Please let us know, good (or not so good), there’s plenty of help on here. Lots of us have defeated Restons now, my case took 6 months from N1 to Notice of Discontinuance. Regards SC
  19. Hi Suzie This thread has all the info http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html I have just gone through the process right at the end of the thread (page 10) Good luck Regards SC
  20. Hi all UPDATE CPR 31.14 REQUEST to N244 APPLICATION HEARING to COURT ORDER I used the CPR 31.14 request letter detailed in this thread in response to a N1 claim from Northampton CCBC, for a Credit Card debt assigned absolutely to a DCA. The POC mentioned the Agreement, the Assignment and the Default Notice so I requested the Solicitors to disclosure all of these documents. Solicitors replied saying that they are not obliged to provide the information requested, and that the POC is sufficiently detailed. Following X20’s advice I then filed an application using N24
  21. Hi all The Judge said, as he was not sure how long the back log was for typing up the order, the 14 days would start from when it was actually sent out. Then, if the Claimants produce all the docs, I would have a further 21 days to enter a Defence. Regards sc
  22. Hi CB And all others for your support. Sorry for slow reply, didn’t realise you were all following as there were no responses to my previous postings. Anyway, this is a new claim from another CC now passed to a DCA. Do not want to reveal too much at the moment, but will start a new thread as and when I need assistance. Was updating this thread as I am following the CPR 31.14 route as advised by x20, and have not found much information on any other threads regarding this, now we seem to have lost x20. Thought it was too good to be true with all the fantastic advice that
  23. Hi pf Re Termination. This is what x20 had to say on my thread with my battle with Restons Re: StayingCalm vs Abbey with no CCA -----by x20 -----5-11-08----- Link231 SC, I wouldn't bother responding to the latest email. I would take all your papers to the court hearing. If the case was decided in your favour that would be the end of it and the claimant could not bring a second set of proceedings on the 'res judicata' rule. If the other side discontinued the proceedings and then sought to begin second proceedings they would need the court's permission under CPR 3
  24. Hi empowered No second DN, and no further contact from Restons! SC
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