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up2meears

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Everything posted by up2meears

  1. Afternoon all, I have a question about the rheumatologist who examined me for a PI claim. Quick bit o history before my question I have hypermobile ehlers-danlos syndrome (hEDS), fibromyalgia/chronic pain, OSA hypopnea, temporomandibular disorder and chronic fatigue related to my condition. I was first of all sent to a GP by the solicitor who said that because of my condition I needed to be examined by a specialist. Fast forward a year (new representative and no communication inbetween) I was sent to a rheumatologist who had no clue about my conditions but was impressed by
  2. Good morning, A friend of mine has a personal injury case against a bus company after driver took wrong route and hit a bollard whilst reversing to get back on route. - Bus company have admitted liability. The solicitor (well legal executive) acting for my friend requested a rheumatologist assess my friend because she suffers from a condition called hypermobile ehlers-danlos syndrome (hEDS) which causes constant debilitating pain and can cause small injuries or trauma to last for ages Anyway, this "expert" appeared not to know too much about her condition and has referred to out
  3. Does the transaction list cover the dates from the start of the card until you paid it off? Or is it just partial?
  4. Hi Wulfen, I will try to help as much as I can, but as we're not yet sure if there is any PPI, then I don't really know what argument to use for them being unlawful (even though we all know they are), as I relied on them being wrongly applied due to the PPI and could use s.32 of the Limitation Act because they were applied by mistake. (and as I said on my thread, I think the Judge was in agreement that they were applied by mistake). Although you should follow the motions and send the letters requesting a refund, MBNA have no soul and will not see reason as some of the other banks do
  5. Thanks DX, Although disappointing because I was hoping it would be some compensation for the way they terrorised me when I was ill, I am looking at the positive, in that other caggers may benefit from my case - That's the thing that kept my head held high yesterday when I had to walk past MBNAs smug counsel. Yes Mike, I will defo file a complaint with the FoS, despite my result, MBNA do need to be knocked off their high horse. Again thanks for all your time with this. You and the others gave me the confidence to stand up and do this, where as a couple of years ago I would
  6. Afternoon guys, Well not a good day in court for me, although it wasn't all bad, as my hearing proves that section 32 does work in relation to charges claims because of mis-sold PPI. My claim was disallowed primarily because I have an outstanding balance, and couldn't show that I had made any payments toward the charges. My argument of them not being the owner of the claim and so not allowing them to set-off did not persuade the judge, and I see that as fair enough. The judge allowed the skeleton to be used, but I don't think he agreed with many of the points it raised that
  7. Evening all, I know t is very late but I checked my email at about 9pm and found an email from MBNA timed 18:19 and attached was a skeleton argument, I assume it has been filed with the court about the same time? Slick has suggested I can ask the court to ignore it as it was submitted out of time in accordance with the courts directions and deadline. If you could let me have your thoughts please. The hearing is tomorrow afternoon. I have attached it for any advice - again sorry its late Many thanks everyone. (and thanks Slick)
  8. Evening guys, I am getting my stuff ready for court and just after any advice of stuff I need to take that I may have forgotten. I have: Particulars of claim My witness statement and exhibit (including originals where possible) Their Defence Their witness statement and exhibit Details of the hearing Other letters not used in my exhibit - for example Links default notice My 'prompt' A list of OFT guidelines that MBNA breached OFT report on the restrictions imposed on MBNA DISP 3.9.2 Printed pages from whocallsme exampling the type of calls received by MBNA and L
  9. Thank you Ford, I have been looking ages for that
  10. I know this is a long shot, but on 14 Dec 2010 The Shadow blogged a report about MBNA debt collection restrictions imposed by the OFT I have tried to find the report, but can only find press stories. Harassment is also forming part of my case and MBNA have basically said in their witness statement that I'm lying, despite providing evidence in my witness statement. I am sure this will get mentioned in Court due to the severity of it and if I could get my hands on this report would help my case as what they have had their wrists slapped over is exactly what forms my complaint. If any
  11. Yes indeed Mike, Pity I can't get a sneak of the Jackanory book they'll be reading from. Up2 Well no news is good news in the respect of the greater good, but it would have been great to pull that out of my sleeve on Friday
  12. Yes, very true, thanks Mike. The attachment is what I am planning on going by if asked to speak about why I think s.32 would cover my case. Please let me know where I've gone wrong, if I've totally misunderstood stuff or if I need to add or omit anything as I don't want to look stupid in front of the judge. Many thanks guys for your time in helping me with this Up2
  13. Suspected as much :sad: Oh well, if by some miracle something I can take to Court develops by Friday, please let me know - That would be soooo sweet
  14. Also, do I need to prepare an opening statement or something of the like? Thanks Up2
  15. Really? About time. Is there somewhere which says this? Have been looking but can't find - would be handy for court
  16. Okay Mike, thanks. The post I deleted above was deleted because I misread one of the terms, however now you have confirmed the PPI would be a transaction I have amended it to reflect the correct term (sorry been up since 4.30 and have had about four cups of coffee) Here is the full statement regarding charges and PPI “We are confident that our PPI redress is correct; we have considered our methodology carefully and in detail. Our confidence is reinforced through external independent reviews and advice which has supported the way we approach default fees. “Fees of
  17. Previous post deleted: As PPI is a product, would it be classed as a transaction or a charge? Thanks Up2
  18. I've not disclosed on the thread how much I'm claiming Mike, but they are offering about a 1/5 - which doesn't cover the charges and court fees
  19. Oh dear lol, I'll look for Mr grumpy red face when I get there . If the case lasts the whole two hours he'll be even grumpier cos he'll be travelling home in rush hour traffic Oh well, thanks for answering the q Mike Up2
  20. Okay thanks Mike, MBNA sent me an email today telling me who they have instructed to represent them and to offer me the same offer as before to settle. The chambers this guy is from is over a hundred miles away. Is that normal? Thanks Up2
  21. Hi Mike, Does the other side usually tell you who they are instructing to represent them in court? Thanks Up2
  22. Thanks Mike, I will have a read of that. Not sure if this will or will not be used at the hearing but formed part of my PoC so preparing for it anyway. They are denying harassment (as expected) so although I have pointed out their wrong doing in my ws and provided copies of the letters sent I am also looking for evidence of their breech here. I have already extracted the parts from the OFT debt collection guidance 2003 along with using section 40 of the Justice of Administration act, and was wondering if there is something like BCOBS that could be used (in effect around 2004)
  23. I am also hoping that once I show the court the charges were applied due to the PPI the fact that they admitted it was miss-sold (even though they are denying it now) and refunded the premiums, should re-start the SB clock ticking. Or does admittance only apply when we make an acknowledgement or payment?
  24. Thanks Mike, A lot of their ws is about the PPI. Now claiming that their upholding of my complaint was a goodwill refund and it wasn't miss-sold because I requested it during the online application process and how after I cashed the cheque disputed the amount (disputed after MBNAs dodgy calcs had come to light) so I have been doing myself some 'flashcard' sort of notes to explain myself for example letting the judge know that the PPI was only mentioned in my PoC to explain how the charges had come about and that the PPI re-dress has nothing to do with the case except for clout that they
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