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Everything posted by gforce2k

  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.
  15. Thanks Andy, My concern is that WH may use my being 3 mins over to use this strike out my defence. The Order has a warning in bold at the top: Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the court before any deadline imposed upon you expires. Also, when I got their N265 last week they had enclosed the only document in their Disclosure List that I had not already received, so i have nothing to request now.
  16. Thanks for coming back to me so quickly Andy, That's good to hear but I'm going to go back to the library to scan/copy their receipt from yesterday and also print a hardcopy of a Screen Print of the printer problem. Oops, N265, noticed that this morning too so corrected my letter, I'll email it again with everything when I have the receipt scanned in and print it off at the library too. If I take that all in to the Court and submit it physically over the counter will that be dealt with/seen by the judge quicker than my emails? I understand emails and post are usually running 10
  17. Hi Andy, I had terrible issues submitting my N264, I completed it in good time but couldnt print it until yesterday at the library as my home printer didn't work. As a result I had to email but it didn;t allow electronic signature so I still had to find a way to print it. I downloaded the completed N264 to a usb and took it to the library but their systems didn;t recognise it, the N264 was blank and I was stuck at the library with an hour to go and no information to complete a new one. I couldn't get back home in time the only way I could redo the N264 wa
  18. Sorry, disclosed later than/after Standard Disclosure today. I understand there is a running requirement to disclose right up until the trial hearing? If so I imagine there must be a mechanism in place to file/submit/disclose new docs that come to light even after the Standard Disclosure deadline? thanks gf2k
  19. Ok thanks Andy, so anything disclosed later cannot be relied on, has to be now or never (I think that's what you were saying?) cheers, gf2k
  20. Thanks Andy, think I'm clear on all that now, and yes perhaps too many movies... My unclear question was basically if I find something later and want to disclose it can I? i.e. if I by the time I do my Witness Statement (or any other time after Standard Disclosure and before the trial) find any docs that I want to disclose can I or have i lost my chance if not disclosed in standard disclosure? Thanks, gf2k
  21. Thanks Andy, sorry for the not getting back to you sooner, a lot going on at home. Re PPI defence I've searched, nothing definitive on the PPI stuff but I'll introduce it in the Witness Statement later anyway, as you say no harm - If it's going to be mentioned in my WS does anything PPI related have to be disclosed now or can I disclose docs later if I find them elsewhere? Re the Tomlin I agree I never want to get credit again but if i remortgage or move it will be a big issue, that's the only reason it's a concern although I really don't want to give in. As regards payments
  22. Thanks again Andy, The PPI question I have is: Is mis-application of PPI viewed as breach of contract? PPI was added at the start of the account even though I didn't want it, 2-3 premiums were charged by the time I found out, I complained and the premiums were refunded (I don;t know if PPI premiums attract interest like other debits/transactions but none was mentioned/ever repaid). Can anyone tell me if I can reasonably argue breach of contract or if there is any point of law/case law i can mention to support a breach of contract argument? Thanks GF2k
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