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Everything posted by ssshooter

  1. I'll keep an eye on this thread to see what your outcome is, as i currently have a situation going on with GE...i was charged £30 per month for 14 months by them while i was unemployed, this was due to the fact that the PPI didnt pay my full amount to my loan account. as i couldn't afford the extra £42 per month myself they charged me for the shortfall. They also charged me £30 per month when the PPi company was late with the payments, on top of this they also charged me interest. I am currently awaiting a reply from the PPI company (via financial ombudsman) regarding the mis selling of the PPI & also the broker for the miss selling of the loan. I shall now get all my paperwork in order this weekend, and shall be asking GE for a refund of all those charges,,,, will let you know how i get on.
  2. No nothing has changed, still doing the same job, same wages...25% discount for single person living on my own. Just got one letter stating i owe £27 for the year...a week later they say i owe £86, no explenation.
  3. I last week received a letter from birmingham city Council stating that i have not paid enough Council tax for 2010/2011, the amount of the shortfall was for £27.54, which they said was for the rest of 2010/2011 up until the end of March 2011, which i paid next day. Yesterday i received another letter exactly the same as the previous one, but saying that the shortfall was for £86, it also stated that if this was not paid within 7 days i would incurr court costs. Surely if i went to court, the court would acknowledge the first letter for £27.54 as the amount that i owe. Any advice please.
  4. I was recently accepted some work from an agency, initially it was supposed to be for 8 weeks. I started on monday 9th August & worked for 1 week. On the following Monday myself & another guy turned up for our shift & was told we where no longer needed. The agency sais we will get paid for the work we did for the previous week , but not for the Monday...the day we where sent home, told we where no longer needed. Surely we should also be paid for this day as well, as we turned up for our shift expecting to work... we where given no prior notice???
  5. Cheers,one question i do have is,my credit rating is probably crap now because of Nationwide,,,how do i find out if this has effected my credit rating,& if it has how do i resolve this issue?
  6. ok thanks anyway,just doesn't seem fair,,,i think there should be a clause,that if a company is taking people on after a spate of redundancies,then they should be under obligation to reinstate those who where made redundant on a last out first in policy.
  7. Because they've now finished recruiting.They basically chose who they wanted to come back instead of doing it farely.
  8. I was made redundant along with 15 others in July 2009, after 9 years at the same company.Prior to the redundancys in July there where also redundancys in Jan 2009 & Nov 2008,all the redundancies where done on a point scoring system depending on service & sickness. However,the company has now reinstated 15 people on a temporary 3 month contract,these 15 people are all ex employees who where made redundant,many of which went with the first lot of redundancies in Nov 2008. My question is,,,should the company have approached me & asked me to go back for 3 months,before asking people made redundant prior to myself? Does the law state last out first back in?,as i am wondering if i have a case against them.
  9. Yeh i asked the judge about costs,but he said it wasn't worth me persuing as i would not get alot anyway.
  10. I'm a very happy man today,just got back from the court hearing...which lasted all of 3 minutes. CASE WON,,,£3000 better off. The judge awarded me the case due to Nationwide not compling with the courts instructions,thier paperwork was not in order & not responding to my defence. He has also put an order in place that Nationwide cannot take this debt to court again,as he put it to Nationwide :- "you have already had one bite of the cherry,you are not going to have a second". He then said to me :- this is now the end of the matter,go home & sleep easy."....you should of seen the smile on my face,lol. Result...thanks everyone....Monument next!!
  11. Hi all,i today recieved a telephone call from Eversheds,saying that Nationwide are dropping the case against me & would i please look at the email i have been sent,this was the email: Further to our earlier telephone conversation, please find attached a draft consent order for your signature. Please note that by signing this consent order you are agreeing that our client may discontinue this claim and that the court will make no order as to costs. Once the consent order is filed at court, the trial listed for Friday will no longer go ahead. Once I have received the consent order signed by you I will lodge it with the court explaining that neither you nor our client will look to attend the trial. You are free to contact the court as you wish, but there should be no need once I have the consent order from you. If you have any queries, please feel free to call me on either of the numbers below. I look forward to hearing from you by return. Regards this was the attachment: Defendant _____________________________ CONSENT ORDER UPON the parties agreeing to the terms set out herein BY CONSENT IT IS ORDERED THAT: 1. The Claimant discontinues its claim against the Defendant. 2. Each party shall bear their own costs. Dated: February 2010 signed........ (me) signed......(eversheds) I would now appreciate some advice,if i sign this & return it should i first ask the opinion of the court as to what action to take,or should i ignore this email & just turn up for the hearing on Friday,should i inform Eversheds that i will be attending court on Friday? (that is if thats the best option). Can i now put in a claim against Nationwide for my expenses i.e. £75 for summary judgement hearing,costs for postage,printing & administration time,stress,ruining my credit rating??,,ifr so how do i go about this? Thanks for this & also for everyones help & advice over the last year,much appreciated.
  12. I Have This Morning Recieved A Reply From The Court, Regarding My Request For The Claim To Be Thrown Out Due To Nationwide Not Filing Thier Paperwork With The Court By The Date Given (which Was 7th Dec). The Reply Basically Says 'no Further Order Needed The Matter Shall Remain Listed As A Small Claims Trial On .....2010'. I Phoned The Court This Morning & They Have Told Me That Nationwide Has Still Not Put Thier Paperwork Forward. In My Opinion,if This Had Been The Other Way Around Then Nationwide Would Have Been Awarded The Claim,,surely This Should Work Both Ways? Is It Worth Me Now Putting In A N244 Form To The Court Asking Again For The Claim To Be Struck Out,giving The Reasons As To Why I Think This Should Be Done?
  13. Phoned up the court on Monday,Nationwide have not filed thier paperwork, which was supposed to be in by 4pm.Have now sent a letter on Tuesday asking for the case to be thrown out.
  14. thanks,had a good laugh over this.managed to get my defence in on time,,,just.its 27 pages long so that should keep them busy for a while,i'll let you know what sort of a response i get.
  15. Yes they did have penalty charges on them,what your saying seems about right for Nationwide.
  16. Thinking of sending this letter to the courts,with the relevant letters i sent/they sent along with my defence. Any opinions?? I enclose my amended defence for the Courts attention.I would also like to bring to the Courts attention my reasons for declining the Courts offer of mediation services,the reasons are:- On numerous occasions Consumer Credit Counselling Services & myself have tried to negotiate with Nationwide by letter & also by telephone,a reasonable monthly payment in order to eventually clear my debt & also to avoid Court proceedings against myself. However,all of my reasonable offers where declined by Nationwide,I enclose copies of the letters that I sent to Nationwide in order of reaching an agreement of payment with them ,& also there replies,which shows their reluctance to help me.(Marked as A1,A2,A3,A4,A5). I would be grateful under the circumstances if the Courts would consider that I have done everything within my powers to reach an amicable solution to arranging monthly payments to Nationwide & that my offers where declined. I therefore ask the Courts to take this matter into consideration should Nationwide try to pass any Court charges to myself with regards to this case. I therefore believe,that I have done everything within my powers to reach an agreement with Nationwide, & due to their reluctance to help me in the past I see no point in negotiating through mediation services now,if they could not of accepted my offer then, I see no reason that they would accept it now,if they had then this case would not of come to Court in the first place.(save to costs). I have also recently received letters of Court action regarding my overdrafts on 2 current accounts that I also have with Nationwide,again I have tried to come to an arrangement with them proposing a reasonable offer,both of which have been declined.It is only up until recently that I have found myself out of work for the first time in my life,& I thought I was doing the decent thing informing my creditors of my current situation,asking for a little help & understanding ,until I am back in employment. No doubt these 2 cases will also come to Court,& I see no reason as to why all 3 cases couldn’t have been done at the same time (save to cost). I also believe that I have a very good chance of defending Nationwides claims against me,the reasons for which are listed in my defence.
  17. I have sent a letter back to Eversheds stating that i do not wish to negotiate a settlement with them, as i know i have a very good chance of defending thier claim agaist me due to thier several non compliances of the consumer credit act 1974 (the points of which i shall be pointing out in my defence). I've also pointed out that myself & the consumer credit counselling services spent 8 months negotiating with them before they put in their claim against me.(of which they refused £18.50 per month,they wanted £25). I've also sent a copy of the letter to the Courts & will be putting my defence in next week.
  18. Here are the so called default notices: 1.zip 2.zip 2 001.zip
  19. Thanks for that,will post up the default notices first thingtomorrow morning.
  20. I have today recieved 2 letters from Nationwides solicitors (Eversheds),in reply to a letter that i sent to them this week (2nd Nov 2009). This was the letter i sent,followed by thier replies: Dear Sir/Madam, i refer to my letter (attached) that i originally sent to Shoesmiths solicitors requesting that documents be forwarded to me under CPR 31.14.To date ,apart from the so called agreement i am still waiting for these documents. Therefore, i again that these documents be forwarded by yourselves within the next 7 days of recieving this letter under complience of your CPR 31 duties.In accordance with CPR31.15© i undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing,you must tell me before the time for compliance for this request has expired.In telling me you require more time you must tell me what steps you have taken & propose to take in order to comply with this request & also state a date by when you will comply with this request.In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence.Your extension of time must not be less than 14 days from the date when you say you will have complied with my request & you must state the new date for filing my defence.If you are unable to comply with this request & i believe that you will never be able to comply with this request,you must tell me in writing. Please note that if you fail to comply with this request,fail to request more time or fail to agree an extension of time for filing my defence,i will make an application to the court for an order that the proceedings be struck out or stayed for non compliance & a summary costs order. I do hope that this will not be necessary & look forward to hearing from you. Yours faithfully, ssshooter The items that i requested in my original CPR request (sent in March,reminder sent in June & again this week) where: !) The agreement.You will appreciate that in an ordinary case & by reason of the provisions of CPR PD 16 para 7.3,where a claim is based upon a written agreement,a copy of the contract of documents constituting the agreement should be attached to or served with the particulars of claim & the original(s) should be available at the hearing.Further,that any general conditions incorporated in the contract should also be attached. 2)The assignment 3)The default notice 4)The termination notice 5)All statements,relating to payments made to the account & including any interest charges/fees made to the account. This was their reply (first letter from them) to my letter:- We refeer to your letter dated 2nd Nov 2009 & CPR 31.14 request for disclosure of documents referred to in a statement of case. We firstly note that since our clients claim was issued in the county court bulk centre there was no requirement to attach any documents to the particulars of claim (per paragraph 1.4(3A) of practice direction 7c). We further note that the only documents referred to in our clients particulars of claim are the credit agreement & the default notice & that you have previously been sent a copy of you credit card agreement.You have also been advised that it is not our clients policy to retain copies of default notices & you have been supplied with a screen print out proving when the default notice was sent to you,& a template of the notice.Please also note that our client has no obligation to comply with disclosure until ordered to do so by the court.In any event,we consider that our client has already complied with your CPR 31.14 request. At the recent strike out application hearing at **** county court,you accepted that you understood the claim against you & had no objections to filing your amended defence by 23rd Nov 2009.Further,you have already applied to strike out our clients claim & failed.Your comments in your letter regarding extensions to the deadline for filing your defence & threats to apply for a strike out are therefore not understood. The way in which you are conducting this litigation is wasting the time of both ourselves & our client & increasing our clients costs.It is not acceptable to send us template letters which raise issues which are either irrelevant to the above matter or have already been dealt with.In the event that you continue with this unreasonable behaviour please note that we shall seek to recover from you our costs incurred in dealing with the unnecessary correspondance. Yours faithfully ***** This is their second letter:- WITHOUT PREJUDICE SAVE TO COSTS We refer to the hearing of your strike out application on 26th oct 2009,District deputy judge ***** encouraged both parties in this matter to consider settlement. In light of the documents which have been provided to you by our client to date,we consider that there can be no merit in any amended defence you submit & that you will be unlikely to successfully defend the claim against you. Further to DDJ ****'s suggestion,we invite you to put forward your reasonable proposals for settlement of the matter,for our clients consideration. Yours faithfully,**** I would realy appreciate some advice on any of this,thanks.
  21. ok,that makes things a little clearer & maybe easier.Have started on my defence,all looking good so far.
  22. Ok thanks,no need for me to download the entire judgement,as i said earlier Eversheds gave me the entire document (35 pages long) at my summary judgement hearing. It also dosen't just cover the reporting of defaults ,it goes into alot of other aspects as well.
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