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About gforce2k

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  1. ok thanks, i'll make sure that i don't. i'll update the thread once they have notified the court etc.
  2. no, they viewed the wording as final. do you think that will be a problem going forward?
  3. Thanks Andy, I'm posting the Tomlin Order in half an hour, should I date it or leave that for WH? Thanks, gf
  4. Thanks Andy and Ford, Having considered the options and risks I've decided to accept the non-Part 36 offer pending Tomlin Order wording. This is due on Monday before the 4pm deadline for Witness Statements to be submitted. If I agree with and sign the TO do i just email the court that we have settled or do i still send a WS to be safe? Thanks, gf
  5. Hi Andy, Hope you're well. I need some urgent advice re the pros & cons of accepting a Part 36 offer or a 'costs to date inclusive' offer (non-Part 36?) Specifically I've had a c£16k Part 36 offer inclusive of interest but plus costs (c£2k) OR a c£17.5k non-Part 36 offer inclusive of costs-to-date. WH made the P36 offer just under 21 days ago so I can still accept without incurring further costs, however after speaking with them yesterday re concerns over costs and wording if I accept I got the following email with what looks like a new non-Part 36(?) offer: "We refer
  6. Thanks CB, yes Andy was very helpful with the original disclosure question but this is a different question & nothing underhand, just whether it's still poss to add other docs to disclosure after lists exchanged. no problem. cheers gf2k
  7. Hi CB, I'll keep it short I know you have a lot of posts to deal with. disclosure lists exchanged, deadline for requests monday 4pm, WH emailed a request for everything friday so have 2 weeks to send docs to them. If I felt i had to, can i get away with adding something else to the list at this late stage (e.g. cancellation of card agreement letter/original agreement etc.)? thanks, gf2k
  8. Also CB I'd appreciate your view regarding the signed agreement question. Particularly if you know what case law I could quote to shut them down? At the CMC their rep only provided reconstituted agreements but the judge lapped it up saying that it was a long time ago and the court accepts that sometimes in these situations original documentation gets lost/can't be found, the docs are all that the claimant has been able to find so they are acceptable...which completely contradicted my understanding. Thanks, gf2k
  9. thanks CB, Egg definitely stopped charging interest from that point yet as soon as C@b0t bought the debt 3 years later they started to add interest. Their claim includes c£6k+ interest which from what you and Andy have affirmed they have no right to charge. Is this a potential claim killer or just a negotiation point? Either way do I have to present the letter to prove the point? it isn't in the disclosure list. Cheers, gf2k Also CB I'd appreciate your view regarding
  10. thanks Andy, I'll have a good read through but just on the question of the letter is cancellation essentially termination? if as I hope it is then do I need to try to include it in disclosure in some way or is referring to cancellation in my WS enough? cheers, gf2k
  11. Thanks Andy, That's very much my view but WH are increasingly firm that it's reasonable for their client to charge interest and that they only need reconstituted docs. As regards Termination would a "Your Egg Card account has been cancelled...", cut up your cards etc. letter be sufficient? As regards Signed agreement what point of law may I quote in future/on my WS? One last thing...WH have drafted a letter to request docs from my disclosed list but haven't sent it yet (apparently pending approval?) and the deadline is monday for requests to be in. Their rep may give me a call to
  12. Hi Andy/everyone, An update and some questions if anyone can help please: Disclosure I've had no bounceback from WH's email address after submitting my N265 Disclosure List on Monday, but also no confirmation of receipt which I find odd/worrying. I've still not sent any hardcopies, money is extremely tight so posting hardcopies (which I have to pay to produce too) means I can't unless absolutely unavoidable, however I'm wondering if I need to send hardcopies today to be safe? Less urgently but also important some questions that may affect my Witness Statement: Interest: Sin
  13. Thanks Andy, at least I'm ready for any request which may reach me tomorrow. fingers crossed...
  14. I understand it's not the done thing, in fact it's overkill but the letter of the Order hasn't been adhered to so I'm thinking overkill might help mitigate the risk of Strike Out on a technicality. If I was in their position I would try any opportunity to Strike out given that there is a clear warning in the Order but do you think the court would see that as overkill on their part given that the 265 was only 3 minutes late, albeit by email? I know it's my own little storm in a tea cup but I'd rather go overboard to be safe, I just keep remembering how unforgiving the judge was.
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