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  1. The discontinued order is not valid according to the FOS after they took legal advice as it applies to Shabby and the underwriter was hiding behind Shabby. As my main claim is for failure to pay out even though Shabby are the appointed agents to decide the claim they are hoisted by their own smoke screen. So the FOS can adjudicate on failure to pay out on the PPI claim. What is the formula is the FOS formula is it 8% APR or compounded.
  2. Also the I included the offer of setlement letter in the court bundle and the defence also included it in their submission. The judge claimed it was perhaps an error that could be excused me but not the defence. For that reason he recused himself still why go on and award costs against me...the creature!
  3. I think I may have been finessed over the expenses as the judge did ask if I had any objections to the expenses. Being utterly demoralised by the judges attitude and OTT body language I said, ~"what can I say" thinking what ever I say the judge is going to grant them.
  4. Judges Order: 1. Relates to removing the time barred claim of the bank 2. Relates to setting aside the default judgment I got as the bank did not originally submit a defence in time. 3. 'The application to strike out/summary judgment/amend defence be adjourned to ...' 4. 'The applicant shall pay the defendant's costs thrown away at' just under £1000. 5. Judge recuses himself from the next hearing. 6.The application to combine both PPI claims allowed bizarre as the arguement was they were both time barred and materially the same, when they were not time barred and one was purely misselling on a loan PPI the other misselling and failure to pay out on unemployment PPI. 7.Costs reserved on earlier applications by the bank. 8.'All documents in this case are to be sent to the defendant's solicitors forthwith so that the pleadings and documents enclosed can be redacted.' Not sure what 8 means but smells damn funny so I have everything.
  5. Thanks. I discontinued: 'Take notice that the Claimant hereby wholly discontinues this action against the Defendant, upon the following terms: 1. The discontinuation is made in full and final settlement of any claim which the Claimant has against the Defendant, arising out of the subject matter of claim number #. 2. The Claimant undertakes not to pursue a seperate claim in relation to the subject matter of claim number # with the FOS 3. No order as to costs. 4. Date' Signed by me and their solicitors received by the court. I opened a claim with the FOS several days before signing the discontinuation notice not sure if that could be used as a spoiler also. Lots of threats and dirty looks from the judge and the occasional comment along the lines, "is this all you have"...when on one part of the PPI claim the Bank had already made an offer to settle. 300.
  6. Discontinued before order on costs made can costs be claimed if I breach one of the conditions that the bank put on agreeing to the discontinuance order. No judgement was made as the bank had made a technical error in presenting their case. The judge made it clear that if the case came back to him after an adjournment for the bank to sort out the technicality he would award costs against me (a total !) for this appearance and the the appearance following. No costs order was actually made and there was no judgement I filled a discontinuance agreeing not to send the case to the FOS. At the time I had already opened a claim and spoke on the phone with the FOS they said they could continue as long as there had been no judgement. Recently received a phone call from the FOS saying they normally did not handle cases that had been in the courts and the district judge could rule on costs against me if they proceeded. Is this the case?
  7. You can file an embarrassed defence do a search on this site to find examples. Also send off a letter quoting the relevant CPRules requesting all documentation from the solicitors. I expect someone more knowledgeable will pick up your thread and give more specific advice. If not click on the Red Triangle bottom left and send a help! message to the site team. Reading this thread will help: http://www.consumeractiongroup.co.uk/forum/legal-issues/178915-defence-required-claim-form.html#post1930892
  8. They use ranges of numbers to defeat any blocking effort. Best thing I did was not give them my mobile and then change my land line. Make sure you keep a full record of the calls before doing this to use as evidence of harassment.
  9. Yes, I had the same problem. Organisation makes you feel better more in control you need a system. I buy the biggest ring binder files one for each loan or credit card - label them clearly. Then I files each letter as it comes in in date order using 200 packs of A4 pockets. Also keep a paper copy of each letter you send out and any recorded delivery / proof of postage certificates with this copy. When you work out the charges / interest also make a paper copy of the results and file it
  10. The judge can decide to swap between small claims and fast track at will with no justification required. So if you get a judge that does not like you or thinks you need taking down by allowing costs against you, they do with a c**** look on their faces at the end of the proceedings.
  11. Be sure not to over estimate what you can afford £0.50 or £1 is fine. Benefits are not enough to pay the bills and are designed that way. There are other options to slow things down if you think your situation is not going to improve. See the Prove it letter... above send them off and get back here with the responses.
  12. Yo Pinky likewise been looking out for you. Got a 'I am recommending a Stat. Demand', from one even sent it recorded 2nd class, while the letter said you must respond within 72 hours of receipt - doh, bit of a give away they are not serious, nothing heard in the 2 weeks since:¬)) Unenforceable application form and out of time Default even assuming first class post followed by Termination. Sent off scans of all the documentation on my various CCA no compliance disputes to TS and FOS. No post from anyone last 2 weeks perhaps they are all at the seaside living it up in kiss me quick hats scoffing Mr Whippys with a flake;¬)
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