Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Desperate Daniella

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    6,086

  • Joined

  • Last visited

  • Days Won

    8

 Content Type 

Everything posted by Desperate Daniella

  1. Desperate Daniella
    And I was about to say Congratulations to Conniff. You are such a spoilsport Bobcat!
  2. Desperate Daniella
    Hi trout, They can produce a recon in response to the S78 request, but I always understood that to enforce an agreement they had to produce a copy of the original agreement. It confirms that in Carey v HSBC. The authority on DNs has to be Brandon because that is the higher court and despite the judges not really approving of Brandon they accepted his argument re the DN.
  3. Desperate Daniella
    I'm absolutely certain that if they ever produced the whole thing they'd shoot themselves in the foot which is why they won't do it. When they reply to the first question we can move on to the next ones!
  4. Desperate Daniella
    You too, trout!
  5. Desperate Daniella
    Hi, I have always maintained that Capital One will never let anyone see the whole application form because it won't have the prescribed terms on it. For now write to Cabot and say that all they have sent you is a copy of a signature box and there is no connection between this and the other papers they have sent you. Say that by the big arrow it tells you to return this full page agreement and it is this that you require them to send you, not just a copy of the signature box. We can write again when they reply to that. DD
  6. Desperate Daniella
    Hi trout, Just checking in to ensure that you are in capable hands. You are! DD
  7. Desperate Daniella
    Hi fredinet, I am so relieved to hear from you. A friend of mine had the same problem with ESA for her badly disabled son and they claimed he wasn't resident despite the fact that he'd been in the UK since he was one year old and there was all the proof that he'd attended schools here all his life and his NHS records. They kept telling her he wasn't entitled to it, but in fact he was. You can challenge the decision, as estellyn says above, and hopefully the decision will be overturned. Others with better information than I can give you will help on the other benefits I'm sure. Take care, DDx
  8. Desperate Daniella
    Hi Macm00n, I was so very sorry to hear that it didn't go well yesterday but at least the judge showed some sympathy. Hopefully you will be able to pay by instalments. I really can't see that this won't be possible. DD
  9. Desperate Daniella
    Good luck!
  10. Desperate Daniella
    What is on the front is legible but doesn't give specific particulars. I suppose he can do that in his Witness Statement.
  11. Desperate Daniella
    Hi staci, Head it: REPLY TO CAFCASS REPORT DATED xxxx We (bf's name) and Staci X are the parents of X X and we are objecting to contact with Mrs X Then reply to their numbered paragraphs matching the numbers all the way through. Bring in examples of her behaviour either as part of the paragraphs if it fits, or you can do a final paragraph about her conduct at the end. Do it in double spacing. You can run any ideas past us here. DD
  12. Desperate Daniella
    I think what the Court is saying is that they have accepted the Claim form without requiring the Claimant to enter a proper POC on the back. He wrote something and tippexed it out and the Court is accepting just what he's written on the front as the POC. Do you think they should do that? They probably didn't even look at it before they sent it out, and have only noticed because it's now been pointed out to them.
  13. Desperate Daniella
    Hi macm00n, I don't know if Andy will be back online before you go to Court. I think your application for a set aside should be based on your husband having his stroke during the 14 day period when you could have acknowledged the Claim, and your and his on-going health problems which is why you have not applied for a set aside earlier. You obviously have the statement from the consultant. I think you should say that it was always your intention to challenge part of the claim because you have never been given a clear figure. Point out that they have given five different figures so far. This is important. If you don't say you intended to defend part of the claim there is no reason for the judgment to be set aside. Also say you want to challenge the amount added for their solicitor's fees and court costs. Take the bank statements and statements from the school that show you were paying direct debits by agreement. Point out that they stopped this agreement without any prior notice and would not accept your payment, but demanded the whole sum and because you could not pay immediately they suspended your daughter who is only ? 7 years old. Say that you offered to pay by instalments and the credit controller said they were "not a bank". Say it has always been your intention to pay the actual outstanding fees but you were not in a position to pay the entire sum when they demanded it and they have repeatedly refused an instalment plan. That is the best I can do for now. The main thing is that you did offer to pay and you disagree with the sum they have claimed which is why you always intended to defend the claim. I hope that helps a bit and I'll be thinking of you tomorrow.
  14. Desperate Daniella
    He may well think that you'll pay up just because he's issued the claim. Have you had a word with the solicitor about his using their address? If he's not instructing them I can't see that they would be happy about that.
  15. Desperate Daniella
    Hi, Will come back tomorrow, but although you have to pay him something you need to deduct the cost of the damage and the cost of completing the work. I would do that and then contact him and say you'll offer him £xxx. Send in the acknowledgement and say you are defending. You could also ask them to dismiss the claim on the basis that the particulars of claim are so vague. He's going to need to provide a proper invoice if he wants to take this further, itemising everything he has done including materials bought, etc.
  16. Desperate Daniella
    £3,000 solicitors costs! I think you could challenge those. The court costs for the CCJ in a small claims court shouldn't be more than £95, less if they did it online. They didn't pay anything further because you didn't defend. I think it's £80 to issue a Statutory Demand, although I'm not 100% on that. I don't think you will have much of a chance challenging the extras apart from the school trip if this was arranged some time after they had excluded her. The insurance will have been paid and presumably it's in the t&cs that extras like dance classes have to be paid up front. There is probably also something about late payment charges. I think Andy needs to know more in detail about the actual letter they sent Can you type it up here. Did you respond in writing repeating your offer of payment by instalments? I will be out now for a couple of hours but will be back later. What time is the hearing tomorrow?
  17. Desperate Daniella
    Also (sorry if you have already mentioned this earlier) can you afford to offer them anything in monthly payments at the moment?
  18. Desperate Daniella
    Sorry to be dodging about but we are dealing with a set aside and a defence. Can you list the exact charges you think you should have paid - 3 x ?£ Then the rest of the charges they are claiming. Then the amount on the claim itself. Total, court fees, other charges. Solicitor's fees? Then the disputed amounts. Also, you said the bill has gone up by £3,000. What is this £3,000 for?
  19. Desperate Daniella
    Did you reply to those emails saying it would be impossible for you to do this? Is the amount right for the full term's fees? There is also the matter of the other amounts for outings, etc. Were the DDs for 12 payments over the year? When did the year start? September?
  20. Desperate Daniella
    Tomorrow! I'm sorry I thought we had more time. I'm sure Andy will be along shortly with his thoughts, but I think you should ask for the set aside on the basis of your husband's illness, and yours. The delay in asking for the set aside will have to be due to continuing ill health. Andy will advise you on what to say for the Defence based on the information you have just given. Do you have any emails where you have offered to pay by instalments, and they have replied refusing to allow you to do this?
  21. Desperate Daniella
    Again, I don't think it is reasonable for them to withdraw the agreement without notice (although there may be something in the T&Cs). Let's see what Andy thinks when he comes back later.
  22. Desperate Daniella
    Then it is understandable that you did not deal with the claim.
  23. Desperate Daniella
    If the claim form is dated 15th November, then it should allow five days for service - 20th November. If your husband had his stroke on the 30th you are well within the 14 days to acknowledge.
  24. Desperate Daniella
    In any case your bank statements will show that you were paying by DD, and I don't think it is reasonable of them to stop that arrangement without giving you any notice.
  25. Desperate Daniella
    The Defence has to come after the set aside, but I am wondering if there is anything to be done about the fact that they terminated the arrangement for you to pay by monthly DD without any notice, and in fact refused to take the monthly payment you offered. Did you ever get a letter or email from them confirming that they were happy to accept monthly payments and the fees would be paid on that basis?

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...