up2meears
-
Posts
689 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by up2meears
-
I called the Court today and was told that they had received my email and that my transfer request was waiting to be looked at by a District Judge to make a decision on whether it can be transferred to my local court? Didn't realise that would need to happen, thought that it would be a case of - sent to wrong court, gets transferred. Is that normal practice? What's the chances of them saying no? Would I be able to do anything about it? Thanks Up2
-
That's brilliant Mike, Thank you so much. I am heading up the wooden hill now as that loving place I call work demands me to wake before normal people so I will get on this tomorrow and hopefully have a draft by evening. Enjoy the rest of yours and thanks again Up2
-
Well I dunno about the A but the J and P are in the right place lol I don't know if I would want to call her, I think I would prefer an email in case I get all tongue tied and make a pigs ear of the conversation, plus I'll probably forget what was said as soon as I hang up. At least with an email, I can edit to suit if it's not right and I will have a copy of it. I will try and get this ready tomorrow, and then at least I'll hopefully know what's happening with the transfer. How would I head the letter? would it be without prejudice? or something else? Sorry I ask another question each time you answer one - I don't mean to be a pain, I promise Up2
-
The solicitor is MBNA legal Department? Her postal/email addresses are at MBNA. I see what you mean by the charges not being calculated in the PPI redress - thanks for putting it into laymans terms for me. So the balance of May 01 should have been (without the PPI and interest) £2,941.09 thus taking me under the £3,000 limit? My limit was increased a few times over the years and as of yet I can't find when and to how much, will that matter? If I have finally managed to get my head around this, I will incorporate it to my WS, and try and come up with a letter for the solicitor. I will also try to decipher their coded reports to see if I can work out when the limit increases happened, and compare the true balances on my spreadsheet. Thank you for being patient with me Mike - I will call Chester tomorrow also and try and find out what's happening with the transfer. Thanks Up2
-
Thanks everyone for looking into this for me. I am so grateful [quote=ims21;4478668 The overriding consideration is that you should be put back in the position you would have been in had the PPI not been added to the account in the first place. From what I can see I don't think the added PPI made an impact on the charges, but I can't see the wood for the trees. I have been going through paperwork for two nights solid and it's all starting to make me a bit delirious I'm not quite sure how to add this to my WS? I do not have any statements, just a transaction history which I do not know how to translate to see if anything would have changed if the PPI was responsible forthe charges - sorry just read that back and it doesn't make much sense, but cant find another way to say it - ggrrr. I need to rely on the WS and I don't want to put any wrong info or assumptions and have MBNA make me look like an idiot. If anyone can help with a suggested letter to send to their solicitor I would be grateful Also, I sent an email to Chester last Monday as requested by them to get this transferred to my local court and I have not heard anything yet? I don't want to hound them, but The hearing is in two weeks and I'm getting a bit jittery that it wont get transferred in time. Do you think it will be okay to call them yet? Many thanks Up2
-
Ims is going to have a look at the calcs when he's got a minute - thanks Ims Their w/s does not mention PPI or anything else except the time frame and how they reckon they submitted the DQ in time. That is all that is contained in it.
-
From what I can see I don't think any have been settled, although I am not quite sure what I am looking for. I wonder if it's worth me asking Ims or one of the other PPI gurus to pop in and have a look?
-
Don't mind all the questions Mike, just grateful for all your help
-
Account was assigned to Link Financial in April 2005 This is from my POC: And the Claimant claims: (1) A declaration that the sums totaling £xxx.xx have been wrongly applied to the Account. These charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council. (2) Payment of the said sum of £xxx.xx and interest in restitution of £x,xxx.xx as per the case of Sempra Metals v Inland Revenue Commissioners. Here is their offer letter and total charges and dates
-
Here's the PPI breakdown, page 3 is on the second PDF It will take me a while to scan and edit the offer letter* and their w/s *I didn't have to sign anything for this offer Cheers Mike, will post up the rest as soon as.
-
I have got a copy of their offer for PPI. This was May 2012 - It didn't include any statement about pursuing related damages, it did say this was it's full and final offer and when I disputed the amount and requested a breakdown (although I never received that) they said it was correct and that was that. Last Oct after reading the mega thread on MBNAs PPI interpretative calcs, I again asked for a breakdown and a review of the award and again was told it was right but finally received the breakdown. I was going to go through the FOS but appeared that my breakdown was not one of the rogue ones so didn't pursue it. I can post up the breakdown if you think it would help, I don't understand it tbh
-
If I've understood your question, these are after the event. I don't think they could have been included with the PPI because of them being two separate issues. Plus most of the charges didn't occur until they refused to pay up on the PPI and I couldn't afford payments due to having to rely on Incapacity Benefit when my sick pay from work ended
-
Awww sorry mike for keep on asking questions when your phone is being naughty. I have already had a refund of PPI although I disputed the amount I accepted their offer - they admitted miss-selling straight away as I hadn't ticked the box It will take me a couple of days to prepare a compromise letter as I will want to have a read around and get a feel for what it should say etc. But I will post it up for advice before sending Thanks again Mike especially as it's been a nightmare for you to post Up2
-
I do have an email address for them, I will have a go at drafting a letter for a compromise. Would I do this before I sent my WS to the court? I would prefer to send it after so that they can see I am serious about going all the way. When you say breakdown of costs do you just mean a list of the actual costs or a copy of the spready I sent with interest? they applied a couple of hundred of pounds worth after they refused to pay out on PPI or freeze interest and charges. How long should a WS be (what is acceptable) could I use points that are in my POC or would they have sight of that anyway? What do you think? Up2
-
Thanks for looking in Mike - anytime you can spare is much appreciated. On advice from the court I have sent an email asking for this to be transferred to my local. Have had an auto acknowledgement and will call them next week if I haven't heard anything further I will defo emphasise the nature of the charges but am scared of making the ws too long as there's so much involved with it. I was hoping them fabricating their dates would benefit me as it seems like deliberate deceit and I figured the Court would frown upon this? Never mind if it doesn't as I am more than prepared to go to court. WP - without prejudice? I haven't approached them to settle on agreed terms - didn't occur to me tbh. I am prepared to do this but haven't a clue how to go about it. Thanks again for your time Up2
-
Hi Ford, Judgment was 14th January and they have dated their application to set aside 14th January also?? but was received by Wrexham on 11th Feb. So nil days to receive the judgment and prepare the N244 and witness statement, but nearly a month to get it to the court!!!!!!!. Can you backdate a form? I'm pretty sure you cant, as the signed statement of truth is also the 14th. Surely that needs to be signed on the day it was done? Am re-tweeking the witness statement and will re-post when done. Thanks for the s.o.s to Andy and Mike Up2
-
Many thanks for your input Ford. I was thinking of this part from CPR5b - 6.3 The online forms service will assist the user in completing a document accurately but the user is responsible for ensuring that the rules and practice directions relating to the document have been complied with. Transmission by the service does not guarantee that the document will be accepted by the specified court. As mentioned above, they filed it to an address on the MoJ website, not the address specified in the guidance. Although as I am not au fait with the CPR it is very possible I misunderstand them. Thanks again for your time and help with this Up2
-
I worked out my letters have roughly the same timings of arriving, although mine arrive a couple of days after yours. That's why I asked lol, give myself a heads up They have searched my credit file twice. once dated the same day as the 'confirm who you are' letter and one after.
-
Evening all, Firstly Andy, thanks for answering my pm. I have prepared a witness statement and would really appreciate thoughts please. I have never done one of these before or made use of CPR so I would appreciate any guidance if I need to add/remove or change anything. I'm sure I've gone wrong with the CPR Should my request of transfer be added to this? I will be contacting the court tomorrow regarding this. Have I set it out in the right format? I'm sure there was something else I had to ask, but can't think - bet I remember as soon as I submit!! As always, many thanks Up2
-
Seems to be the case Ford I will be phoning Chester tomorrow to get this transferred to my local court. I am assuming I can do this over the phone? I will as Mike suggests ask to speak to a manager. Also, I further assume I wait until it has been transferred to my local court before sending my WS? Do I need to fill in any form to accompany this? Many thanks Up2
-
Their N244 is dated 14th Jan, but when I called the court on 31st Jan there is no record of this, Wrexham have date stamped it 11th Feb - there is still no record of this on MCOL either?
-
I received notice of their intention to set aside on Thursday and a copy of their N244 and WS yesterday
-
I don't think they submitted it to the correct address. There is no email address for submission on the N149A/N180 so they have used an address they have gotten from the MoJ website. As per Andys post at #190 the guidelines give clear direction which email address it should be sent to (this is the second one they used - out of time)
-
Yes Mike, I received a copy the day after deadline, and it was mentioned in their WS.
-
In their witness statement they state: 'The email address to which the completed DQ was sent is listed on the MOJ website as being the correct address for defendants to use for the N/hampton CCBC (at http://www.justice.gov.uk/courts/northampton-bulk-centre/county-court-bulk-centre) A copy of a printout from the MOJ website is exhibited..... So they have read the wrong instructions and submitted to the wrong place? Thanks for this guys - I'd be lost by now
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS