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Posts posted by angel1977

  1. ok, i went to the county court yesterday and was told there was no duty officer to talk to and that i wouldnt beable to see one until the court date, then i produced a letter from the council saying that they plan to ask the judge to generaly adjurn the case but the clerk at the court checked and said they have not recived a letter from the council so they couldnt do any thing.

    I have also called the legal sevices dept for assistance but they started going on about legel aid which i dont think i would get because i have been doing lots of overtime to pay this and other bills.

    so it looks like am off to court.

  2. Oh i think so, I have since been in to my local shelter and am waiting for a call back but they have advised to defo attend court and seemed a little surprised that even tho i have no rent arrears now it was still going to court, which ofcourse i want to avoid.

  3. Hi All, i hope someone can give me some advice about this.

    On the 26 of Jan i got a letter from court saying the council has made a claim for possession for my home.

    I have a secure tenancy.

    On the 2nd of Feb which was a tuesday i called the council and paid my rent and arrears fully uptodate i was then told that i had to pay my rent every week and that i had to have a £100 in credit on the day of the court hearing (25 feb) for the costs.

    Firstly, is this right because i have had dodgy and downright wrong information from my council before. I had used nearly all my wages to clear the arrears and have nearly 3 weeks to wait till next pay day.

    So i have arranged to borrow rent money every week but i dont know if i can make the £100

    Could i get the case delayed as the 25 is only a few days before i get paid again and would then have the £100 no problem.

    And now because i paid in the 1st week rent on the 4th and there was no rent due they have taken it off the court costs and now they have debited the rent account as its a new week i'm showing as being in arrears again:-x

  4. ok i have finally gotten through to the court and have been assured that the amended claim was put before the Judge, i explained that cap1 1 defaulted me on a disputed account and have been told to hand in a letter stating that i want to carry on with my amened claim.

    I am wondering if i should also state again in my letter why i have amended my claim as i have a feeling what i'm trying to do is not understood by the courts.

    In my amended claim i even put in copies of the default notice and the cap1 letter that says they have given a full refund and high lighted the dates.

  5. On Sat the postie gave me this from the courts


    "Your application was referred to the District Judge for directions, who had made the following comments" "Send the claimant a copy of the Defendant's letter dated 4/09/2009. The claimant is to reply to the court in seven days as to how this affects her application and whether or not she wishes to amend it."


    The copy of Cap1 letter is simply a letter to the courts advising them that they have refunded my claim, but nothing about the fact they closed my account whilst it was in disputed which is what i (and all those who helped me) did so i'm not really sure what my next step is or how i tell them i want to continue my amended claim.

  6. I just want to thank everyone for their help, today has been so much better knowing i'm not stuck there for the next month or so and just to make it clear my job was advertised as various shifts and days and at my interview i told my boss the days and hours i wanted to work and he ok'd it. I never even been given a sheet of paper stating my job title and duties, contracted hours or rate of pay never mind anything like a contract, the only thing i signed was a standard company application form and a form for a enhanced crb. This is the best bit of news i've had since last xmas apart from beating Littlewoods, Capital One, Studio and NatWest at the unfair charges game, full refunds + awaiting to hear about a default removal (thanks crap1) and second time for Vanquis!

    I'm still in debt but i have reduced it by 75% :D

  7. Thanks all, i am beaming :D

    Elpulpo, the only things i signed was a few sheets of paper along with 20 other people, stating a had been on various traning courses.


    Beau Brummie, I know its a right! tho try telling them that! I know people who have left and they didnt get it or had to fight for ages for it but i will put it in, infact the bit about the one weeks notice link i'm gonna print off and enclose it with my notice and if i can find it the one about the holiday pay then that too. i just want to be ready if/when my manager tells me i have to give a months notice or no contract cos i think they will defo!!!

  8. Hi All, i hope someone can help me this is my situation.

    I started working for a healthcare company as a healthcare assistant in early May of this year but i have never signed a contract, i usually work 33 hrs per week.

    I had decided pretty much in the first month that i wanted to leave but being in so much debt i decided to try and stick it out and see if it got better, which it has not infact its worse much worse.

    Due to a much increased work load, a change of managers and their attitude i now really need to leave. I know that once you sign a contract with them you need to give a months notice but i kind of jobs i like and have experience in are mostly asap starts or only want to wait a week or so, i dont want to hand in my notice with having another job and they have doubled my hours without even telling me i found out on the rota sheet and they are all 12hours shifts and they are backbreakers! I honestly dont think my body and mind could last another 6-8 weeks there.

    So my question is: can i give 1 weeks notice as i have not signed a contact or have i been there too long??

  9. Done! and handed in the the county court today, thanks for helping me.

    I am fighting littlewoods as well and they say i'm being unreasonable and may ask the court for me to pay their fees if i carry on with my case!! Sometimes it feels like just when i got one critter sorted for the time being another one comes along!!

  10. I wonder if you can read through this and let me know what you think

    Facts: I put in my claim upto and including July in on 28/08/09 for chages £200. + £8.81 8% interest


    Littlewoods own account statement in July shows a Total £201.91

    In August and September i had charges totaling £24.00

    Littlewoods own account statement in September shows a total of £225.91

    I sent a email to a Mr Connelly at the legal dept of Shop Direct Home Shopping Limited merely pointing out the fact i knew Littlewoods had charged me twice more and they had that only credited back what they had charged me in the first place! and that i would carry on with my claim as they forgot to give me the 8% which i can claim at court.

    This is what i got back that very same afternoon

    I suggest you review your case. A total of £212 of charges have been applied to your account. However you have not paid this amount and have no legal right to reclaim charges that you have not paid. At most, 3 of those default charges, totalling £32, were actually paid i.e. those dated 3/3/07 (£12), 19/7/08 (£10) and 21/8/08 (£10) as no payment was received after 28/8/08. Accordingly, any statutory interest claim could only relate to charges actually paid and would equate to less than £5.

    In actual fact, the defendant has credited you £225.91 i.e. an amount in excess of the £212 plus the aforementioned interest. This was done simply to zero the balance and close your account.

    The company will not be making any further payment to you. If you continue your claim and force the defendant to incur unnecessary costs as a result, the defendant will make application to the Court for you to pay these costs on the basis that your behaviour is unreasonable i.e. it has credited you an amount in excess of any valid claim.

    I trust this clarifies the defendant's position.

    Two more facts: My account is still open and i still owe them money !!!

  11. Thanks for that Shadow,

    This is what i'm stuck on

    Question 4 Have you attached a draft of this order you are applying for ?

    Question 5 How do you want the application to be dealt with: i have put at a hearing

    Question 6 how long will the hearing take: i have left blank

    Question 7 Details of fixed trial or period: left blank

    Question 8 What level of judge: dont know

    Question 10 What info will you be relying on: i put the statement of case then write attached in the box below.

    If some could tell me what bits are right or wrong i would be gratefull because i'm not sure in anyway what i'm doing.


  12. I just wanted to make it clear that Capitail One defaulted me two days after they had cleared the balance via a refund, at first i just thought it was a mistake on their part but now am starting to think they ment to do this just to be spitefull.

  13. Just my time spent looking in to all this, the postage and the fact i did want to keep the card as an emergency fund ( as i have no savings) and i wanted to rebuild my credit score with this card as one day i would like to buy my house.

    In my amendment letter that i sent to cap1 legal dept i even included photocopies of the letters in question so they could see what had happened but to no avail

  14. Hi All, I have a quick question which is this, once an N1 application has gone in can companies like cap1 and littlewoods add fees whilst going through court, i put in a claim with littlewoods for £200. and 8% you get at court but they have applied £24.00 in fees since the N1 went in, so even with my 8% it will not cover it.

    Littlewoods sent a letter clearing nd closing my account with that added £24.00 but i want my 8%

  15. Thats about it. this is my time line

    All dates given are from the stright from the letters


    26/08/09 I put in my N1 form claiming in total £466.60 mostly made up of charges £341.55 for them and £137.05 for me.


    03/09/09 I recived a Notice of acknowledgement.


    04/09/09 I recived a letter from cap1 saying have refunded £341.55 back into my account clearing the balance and would send a cheque for £137.05 which i have got but have not banked yet.


    06/09/09 I recived a letter defaulting me and closing my account as according to them i owe £341.55


    07/09/09 I recived a letter from Debitas informing me i owe Capital one £12.00 and banging on about how a default would seriously harm my ability to get credit blah blah.


    09/09/09 I recive a letter from Capital one stating that i owe then £24.00 for:

    Date Incurred Details Amounts

    23/08/2009 Over Limit Fee £12.00

    04/09/2009 Late payment Fee £12.00

  16. So far these are what i'm stuck on to varying degrees on this n244 form

    Claimants Name ( well i know this but it is asking for a ref n.o. aswell )


    Question 3 What order are you asking the court to make and why


    I have put " To amend my statement of case because Capital one have defaulted and closed the account two days after the balance was cleared. The defendant no legal right to default an account when no monies are owed and have recored inaccurate personal data with credit reference agencies. This request is made under the Data Proctection Act 1998, section 14


    Question 4 Have you attached a draft of the order you are applying for ???


    Question 5 How do you want this application dealt with

    I belive i have 2 choices the 1st at a court hearing or 2nd, at a phone hearing as cap1 will have legal reps but i dont know which one to choose


    Thats my questions so far as i dont want to confuse myself even more.

  17. Just a little update, i have sent my letter to cap1 and was delivered on the 21 of this month with no reply from them so i guess their time is up, i will download this n244 and see what i can do myself and come back with any questions.

    That is my misson for today.

  18. Hi All,

    I had a short but sweet letter from littlewoods informing me

    " The defendant belives that it has a valid defence in this matter, not least because you have no legal right to recover charges that you have not paid.

    However, in order to bring this matter to an early conclusion, the defendant has reduced your balance by xxxx to zero and closed your account."


    At last !

    My only worry is this, after i took cap1 to court they paid my balance and sent a cheque to me then two days later defaulted my account when my balance was clear and now continue to bill me with late/over limit payment fees lol

    Anyhow back to littlewoods, i would like to know exactly how they have closed it, what my credit file would say about it, and to remind them they cannot leave a bad mark on my credit file but i am unsure of the wording

  19. Hi All,

    i want to give you a little back ground first.

    Due to being skint and not littlewoods not being a piority bill i have not paid them in about a year

    I put my claim in with the courts and today i have recived a defence from Littlewoods and the basis of their defence is they "deny that such charges are excessive or penalties.. The defendant notes that the claimant has not paid these charges so has no right to recover payments she had not made. The defendant denies liability as claimed"


    I'm not sure what to put in "other information section" in the form as defo littlewoods would credit my account before giving me a surplus amount and also The Draft Order for Directions in the bit i have to send to Littlewoods and the court, am i right in thinking

    A, Is just the charges schedule i sent before

    B, the copies of my statements from littlewoods

    C and D i dont have a clue, i feel like i'm over my head with the Order for Directions

    any advice would be helpful

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