Jump to content

faza

Registered Users

Change your profile picture
  • Posts

    40
  • Joined

  • Last visited

Everything posted by faza

  1. hi, a previous poster put up a thread which is a situation very similar to yours, hope it helps. http://www.consumeractiongroup.co.uk/forum/legal-issues/193677-court-papers-issued-over.html
  2. laptop should easily last for 3 years, i got one laptop which is about 8 years old and still working. just have a read on sales of good act which should clarify how long you would expect something to last.
  3. cant see why not, but do not add SAR in the letter, just say that you are requesting all the information relevant to the case under the CPR rules and tell them failure to comply will mean you will report them to the court. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  4. you can change the template to say you are a calimant, under the rules any information which can he helpful to your claim they have to disclose. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  5. might be best to give the insurers a ring and ask them how to proceed.
  6. this thread might help http://www.consumeractiongroup.co.uk/forum/legal-issues/204256-rci-financial-services.html#post2233492
  7. hi, im not an expert but i think if you dont get your amended defence in they are going to ask for a summary judgement without a hearing. you could phone the court and ask them for some more time to get your defence in and see what they say.
  8. it might be worth paying the £45 to get more work in the future.
  9. hi depending on the evidence the judge could do alot more then set aside the judgement, but getting the judgement set aside could allow you time to organise a defence. to appeal you will have to write to the court which issued the judgement asking them permission to appeal the judgement on the new evidence you have, the court will read your evidence and weigh up whether your case has merits for appeal, if it does then they will allow an appeal. what you could do is phone the court who issued the judgement explain to them you have new evidence and you would like to appeal hopefully they will put you in the right direction. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  10. hi, i would appeal the judgement on the grounds that when you admitted it you were under the impression that the claimant was brining about the claim with legal authority, however after finding new evidence you have found that the uneligble agreement contravenes the cca and is not enforceable by law, for this reason you want the judgement set aside, the reason to appeal is that you have a very weak chance of getting the judgement set aside using the normal procedure. the interest and default charges will keep on building up that is why the amount is higher then on the claim. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  11. what you could do now is make a defence with an embaressed plea: http://www.consumeractiongroup.co.uk/forum/legal-issues/204093-template-needed-embarassed-defence.html you need to gather all the information regarding the claim, the original terms and conditions of the overdraft, signed agreements, breakdown of the claim costs, go through everything and it is highly likely you will find alot of unfair charges. the unfair charges will allow you to challenge some of the claim if not all. the problem with offering payments is that the banks are still charging interest on the outstanding balance, so what you may offer might not even cover the interest let alone the principal outstanding balance. if you make an embaressed plea(you will have to edit the template to fit your circumstances) then hopefully the court will give you more time and order the bank to send you all the details regarding the claim. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  12. the point of getting a judgement set aside is if you have a decent chance of defending some or all of the claim. once the judgement has been set aside, you now have to submit your defence against the claim. if you do nothing they will just enter another judgement against you in default and bar you from making further applications to set aside judgement. do you have any grounds for a defence to some or part of the claim?
  13. hi you can only make an application to set aside judgement in a limited number of cases which i have listed below, otherwise you have to appeal the judgement. When will the court agree to set aside a judgement? The County Court rules set out when you can apply to set aside a judgment. For example: You may not have received the original claim form. You may have moved house and not had post from your previous address. An order was made against you in your absence in certain circumstances. There may be an error in the judgment. You want to put in a defence and did not have the opportunity to do this. The proceedings did not follow the court rules. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  14. what you could do is make an embaressed defence plea, saying youve asked the defendant for information regarding the claim but they havnt supplied you with anything yet so until you have all the information you can not accept the claim. http://www.consumeractiongroup.co.uk/forum/legal-issues/204093-template-needed-embarassed-defence.html once you get all the information then look through it to find anything you can challenge or counter claim on. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  15. you could appeal the decision if you have new evidence which shows that the debt is not enforceable. phone the court up, give them your case number and tell them you have new evidence and you would like to appeal. hopefully they will put you in the right direction. if not, then what you have to do is, ask permission of the court which made the judgement for appeal giving your reasons and then see if your permission is granted. if it is, then a judge one higher up from the one who gave the order will hear the case and has the ability to vary or set aside judgement, order a new hearing etc. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  16. hi, personally i dont see how the data protection act breach could get rid of the charges, if anything you would have had to make a counter claim for damages using the evidence you had. if you can show that the breach of the data protection act has caused you a loss then you can make a claim for that. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  17. hi, sorry i dont think i made myself clear, did the judgement order get issued in the small claims court or from a county court.
  18. hi, was the case lost in a small claims court and does the new information give you a better chance if the case was heard again.
  19. from what i have read and i maybe wrong, even if you had sent a letter just say a month back and the account was "officially" in dispute, this status has no legal bearing, but is an accepted practise of banks who have signed up to the banking code. so if you do send off saying the account is in dispute giving reasons i dont see you have anything to loose, if the solicitors agree you will just get a bit of time, if they dont they are going to do what they would have done anyway. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  20. once you send off for the cca then from your point of view isnt the account in dispute?
  21. hi, you might want to have a read of this: Account in Dispute Letters - Consumer Wiki
  22. i think the court will just cash the cheque and not keep it on hand to match your signature against any cca's youve signed.
  23. hi, did you go to court to defend the claim or was it given in default.
×
×
  • Create New...