Jump to content

The Mould

Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

  • Days Won


The Mould last won the day on September 24 2013

The Mould had the most liked content!

Community Reputation

784 Excellent

1 Follower

About The Mould

  • Rank
    Gold Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Hi The reality of your case is that although you returned the original vehicle promptly, the Claimant provided you with another vehicle, you used it and had the benefit of it and continued to make regular repayments, in law this means that both you and the Claimant affirmed the contract and therefore unless you can produce evidence in Court to show that last payment was 6 years before the Claimant issued proceedings, which will mean his claim is time barred, I believe that you may struggle to defeat his claim. Details under the contract such as colour of the vehicle are less th
  2. Hi Laura I have begun on the draft of the statement of case for your brother-in-law and upon completion of it, I will post it here for his amendments/approval. Before that time though, may I respectfully ask you a few questions that are material to this dispute, I hope you do not mind but I must make these inquiries as the Court will make the same and question your brother-in-law on the same, that is, if the matter should proceed to trial. OK, in the first instance, can you please post up (by PDF) the contract to which this dispute relates, minus all personal details, and of co
  3. The date the vehicle was rejected is the date the money became due and owed by the garage. Daily rate of interest to judgment is from date of your (your brother-in-law’s) claim being issued (sealed) until the date of judgment being handed down on the case. Will post again as regards helping you to set out your statement of case, this is likely to be on the morrow if that’s alright with you. Kind regards The Mould
  4. Hi Laura I am reading through your case and once I have done that, I will help you with your statement of case (particulars of claim). Kind regards The Mould
  5. The White Book Vol.1 commentary and cases on Tomlin orders. Tomlin orders 40.6.2 There are various ways in which a claim can be disposed of when terms of settlement are arrived at. One method is known as the Tomlin form of order, suggested by Tomlin J. in Practice Note [1927] W.N. 290, following the decision in Dashwood v Dashwood (1927) 71 S.J. 911. Under such an order the proceedings are stayed on agreed terms to be scheduled to the order. These orders were discussed in Horizon Technologies International v Lucky Wealth Consultants Ltd [1992] 1 W.L.R. 24, PC (see also Green v Rozen
  6. Hello James If your WS and any supporting evidence is 20 pages or less, then email it to the Court and request an acknowledgement therefrom to confirm you have filed the same. If more than 20 pages, simply split into 2 (or more, if required) PDFs and email it to the Court that way and, again, request as above. How far away are you from your local County Courthouse? Maybe you can take it there in person and ask the Court staff for a receipt to prove you filed your WS. Have the solicitors replied to your request as to service of your WS by email? If not, send your requ
  7. Based upon the above figures, 1,804.58 is owing. The 300 in charges + the interest and any statutory interest added thereon should be subtracted from the 1,804.58 and this will provide you with the factual sum amount due and owed to the Claimant (creditor). As regards the 12 pound charges, how did the Claimant (creditor) inform you of the same? i.e. did he send a specific letter to inform of these charges each time they were added to the account because of his breach complained of or did he inform of the same by way of his normal monthly statements? (the facts of this issue/elemen
  8. Oliver Foster-Burnell v Lloyds TSB, heard at Taunton County Court. The above case confirms that any charges added to the account (overdraft) must reflect the actual damage caused to the bank in relation to the breach complained of. Therefore, you (your daughter) must challenge the charges added to the overdraft facility provided by the bank in question and plead (in your skeleton argument) that such charges are excessive and disproportionate and therefore not recoverable at law and cite the above case which holds in your favour. The above case is a County Court judgme
  9. Hi ads Further to my recent post on your case. In the first instance you should write a letter to the Home Secretary Rt Hon Theresa May MP and send it to the Home Office (address and email details below), your letter ought to be sent by Royal Mail Special Delivery (email a PDF copy to the email address below). Once this action is underway, I will then help you with the next action, which is to serve a Letter Before Claim on the solicitors on grounds as to professional negligence. In your letter to the Home Office you should state that the publication of your personal inform
  10. Hi ads I have set out below the relevant legislation and common law that are applicable to the issues in your case based upon the details of it that you have set out here. There is a legal way to put things right for you and to obtain compensation as to the wrongful and manifestly unjust treatment of your private self that the public servants subjected you to and continue to subject you to. This is going to be a very long journey and you will need to be committed to the process involved. I believe I can help you through this and help you to build your case against the public ser
  11. The substituted party may well now seek to enforce the CCJ against your wife. The enforcement action could be brought by one of two ways, the Claimant may serve a statutory demand on your wife or he might seek a charging order against your property (if you are home-owners). You should check and double check all your own records of this debt in order to try and establish if there was any PPI on the agreement and if any default notice served was a valid one. Have a proper look into it and post back your findings (if any), in the meantime, if either of the above stated actions are
  12. Hello there NDY In Patricia Jones v Link Financial Limited [2012] EWHC 2402, Mr Justice Hamblen (sitting in the High Court and on appeal), handed down the Court’s decision on the issue as to whether an assignee of a regulated agreement was in fact a creditor within the meaning of s.189(1) of the CCA 1974, the Court pronounced its decree declaring that such assignee was indeed a creditor under the 1974 Act. The definition of ‘creditor’, contained in Section 189(1) of the CCA 1974, is “the person providing credit under a consumer credit agreement or the person to whom his rights and du
  13. Hello there Wendyboats (aka Watson) It has been a long time old boy since I adventured onto these moors. I am still here Watson and looking out for you always. Kind regards Mouldy (Holmes)
  14. The Claimant has not complied with paragraph (state paragraph) of the Court order dated (state date) and has unreasonably refused my written request to inspect/disclose the documents upon which he relies. Kind regards The Mould
  15. Hi Please don’t be frightened by your opponent and mediation as regards the dispute you are involved in, and by that I mean, really don’t worry as to what your represented opponent has to say, whether he (your opponent) is represented by his ‘in-house’ legal reps or by high street practice or by corporate law firm. Anything said or done in mediation is prohibited from disclosure to the Court and therefore your opponent’s assertion that by agreeing to mediation amounts to your admittance of his claim is wholly factually incorrect. Agree to mediation, whether at a ‘round the tab
  • Create New...