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mkb

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Everything posted by mkb

  1. "Paul, whose case has featured in Financial Mail, has been offered money by RBS on condition he keeps quiet, but he has refused." Love it! Keep up the good work
  2. This may be a silly question (but I'm going to ask it anyway) - if your wife didn't want advice on how to fight this, why did you ask the question?
  3. I have already notified them that their figures are incorrect in a letter I sent in Oct. I have also put all the key figures down & worked out exactly the fees I have been charged with the dates charged. (Bizarrely, there is a fee of £90 which they waived) which shows that the DN received in July can never be accurate since it includes these charges. Statement tallys with payments made: BH fees.pdf
  4. Thanks CB. The card however, came from Co-op & as yet, have had no comms from P2C so I will do nothing unless/until I hear from them. Am also guessing that the a/c has not been sold to P2C since co-op have not told me that it is by way of a notice of assignment so if P2C claim that they have bought it, I will enjoy writing to them
  5. Thanks for that. I had already printed it off & hope to be able to use it in my arguments if BH refuse to back down before the trial date
  6. It has helped to clarify where I could win but I haven't a clue how to bring it all together in any coherent manner Please will you shove me in the right direction? Thank you so much again & I think I'll be saying this with great regularity
  7. Just re-read the card & noticed the bit about additional costs. They're not allowed to add costs are they since the a/c has been terminated, albeit unlawfully?
  8. Chuckle of the day I think Got a red, hand-written envelope today with a card inside. Nooo, not a late Xmas card but a good attempt at looking like one! Shame they still have the a/c in my maiden name cos it gives the game away before I have to open it Anyway, here it is in all its glory!! So, if they turn up, I will take great pleasure in telling them to go forth & multiply (not very ladylike I know but very satisfying ).
  9. Crikey BRW - thank you so much!! Can't believe how much you've found on a quick look Will digest & dig out all paperwork again but not before daylight as my bed is calling
  10. Well done Dan Ours is adjourned for "1st available court date after 14days" to enable us to try & get actual figures which IMSI will be paying (judge seems to think that we're clairvoyant!!) Forms only being sent us tomorrow so still up in the air but we'll not go down without a fight
  11. How do you feel about that?
  12. Postggj - did you manage to find out anything?
  13. Rae OMG - you sound just like I feel sometimes I have a degenerating spine with hip joint involvement & emphysema & HATE the fact that I cant do the stuff others can do even if thats just hoovering!! The frustration is enormous & I get so angry with myself which, unfortunately, I tend to take out on my other half You really should claim DLA but remember when you're filling the forms in that you need to compare yourself to others when you think about what you're unable to do with or without help. We get so used to adapting the way we do things that we dont actually remember that normal healthy people dont need help getting into bath/help with dressing/have to stop when going upstairs just to be able to breathe etc etc etc. Before I did my forms, I got my other half to write down all the stuff he helps me with & I was so shocked by what he wrote & it really did make it clear just what I need help with. It was also mega-depressing & it took me a veeeery long time to come to terms with it yet to this day, I still get frustrated & upset by it all. When I had my last renewal, I got an ATOS visit as well & was gob-smacked when the letter came awarding DLA for an indefinate period. Result for me but that also brought more feelings of low self-esteem cos it made me realise that I'm never going to get better even though my GP has been telling me that for years - somehow having it in black & white was so much worse! Please claim it & do it now while you're having such a bad time of it as thats when you will write exactly what it is you can & cannot do. This is what will determine the level of payment you will get. Good luck & feel free to PM me if you need help or just to sound off about it all
  14. Exactly the same as you Bookie Site today says 1 payment due but no idea when to expect it. Anyone any idea if its paid with benefit or seperately? If we have to wait til next benefit payment, we wont get it til next Friday & might just have frozen to our sofa
  15. I think Paul means that there will be a write-up this coming Sunday.
  16. This is what Andyorch advised for my N150. Have you sent a copy of this completed form to the other party Yes A. SETTLEMENT For All 1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? Yes Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts. B. LOCATON OF TRIAL Is there any reason why your claim needs to be heard at a particular court? NO C. PRE-ACTION PROTOCOLS You are expected to comply with the relevant pre-action protocol. Have you done so? No If No, explain why? This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard. D. CASE MANAGEMENT INFORMATION What amount of the claim is in dispute? £XXXXXX (amount less court fee/sol fee Applications Have you made any application(s) in this claim? NO Witnesses Xx xxxxx All the facts in the case (yourself) ExpertsNo TrackFast Track If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice: Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. E TRIAL OR FINAL HEARING How long do you estimate the trial or final hearing will take? 3 Hours Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES F PROPOSED DIRECTIONS Have you attached a list of the directions you think appropriate for the management of the claim? Yes If Yes, have they been agreed with the other party? NO G COSTS Leave blank H Fee I OTHER INFORMATION Have you attached documents to this questionnaire? YES Have you sent these documents to the other partyYES If Yes, when did they receive them? Do you intend to make any applications in the immediate future?YES If Yes, what for? An order seeking the Claimants compliance with information previously requested. In the space below, set out any other information you consider will help the judge to manage the claim. If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. Therefore it stands to reason that this document must be disclosed before this case can progress any further. ___________________ DRAFT ORDER FOR DIRECTIONS In the ************* County Court Claim number ********** Between ************* - Claimant and xxxxxxxxxx - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon. Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, Document, contract or deed of assignment Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following An amended defence sufficiently particularised in response to the documents supplied by the claimant. If the Defendant fails to comply with this order, the Defence will be struck out without further order.
  17. Finally managed to upload Please can anyone advise what I need to do next cos I'm totally lost now. It appears to me that the judge has not ordered the directions I submitted with my AQ and these docs are essential to help me as they will prove mis-sold PPI therefore the amount they are claiming can never be correct
  18. Thats not right Zara. From DWP site: You may also be eligible for a Cold Weather Payment for each qualifying week if you are getting Income Support, income-based Jobseeker’s Allowance or income-related Employment and Support Allowance in the assessment phase and have one of the following: a pensioner premium, higher pensioner premium or enhanced pensioner premium a disability premium, enhanced disability premium or severe disability premium a disabled child premium Child Tax Credit that includes a disability or severe disability element a child who is under five in the family
  19. Hi dd Thank you soooooooo much Any ideas about the PPI refund due though? I have paid more PPI than is overdue on the loan so there will be a surplus which of course co-op will want to keep! I did send the acceptance & now keeping tabs on truecall of the number of calls they're making as well And, for the record, if ever I bought a lottery ticket & it won (ha bloomin' ha!!), of couse I would share x
  20. I was always led to believe that one had to do one or the other ie. unenforceable agreement, no further payments OR reclaim charges and that to do both would be classed as unjust enrichment. Happy to be told if I'm wrong!
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