Mmmmm. Interesting.... I will see if I can attach the TOB and then to put the info out there you may well advise to reinstate if not too late, but as they have instructed solicitors and I have received a Claim form (scare tatic?) I am assuming that it beyond resurrection. Anyway I do not wish to do business with people like this. TOB Removed due info being seen through Marker

Hello honeybee13, sorry for the delay been scanning MSE as suggested by unclebulgaria67. I appreciate you all have weekend commitments so no worries on that. I do have the TOB it was attached to the claim form, but i do not have anything else, that is why I asked them for it in my initial reply to their letter.

Morning All. A bit of a strange one this and I can not find any direction so turned to you for help. Due to my work in 2009 I took out additional Life Insurance FP Level Life. However, in November 2011, as my job role changed it was no longer required and as my wife was made redundant, the money would be best utilised in the family pot. As time marched on I thought no more, foolish. I have recently been contacted by a firm of solicitors acting for the company I had the agreement with claiming their 'Commission Clawback' I wrote back asking for some additional information to save money e.g whether there was a fee agreement, as one is not mentioned in any paperwork I have, because I have read commission is sometimes offset against this and only the commission to the value of this fee may be requested therefore maybe only liable for the difference. I also believe on reading the FSA Website on Unfair Terms in Consumer Contracts the Terms of Business (TOB) agreement I signed may be unfair and in particular reasons for believing this when you use an IFA you should have a choice how you want to pay for the services - I was not given this, and the terms do not state clearly when and how much me, the customer has to pay the IFA so therefore not aware of the full cost of the financial advice. In addition I believe that my TOB agreement allowed the firm to reclaim an amount from me, the customer, if I stopped paying premiums and the IFA had to refund commission to the product provider as appears in this case. my interpretation of the FSA guidelines also leads my to think that this charge is a disproportionately large sum as I have not fulfilled part of my obligations under the contract. Surely a court would not enforce this over and above my rights to cancel this policy. I have also asked these Sols for my cancellation rights to which after a period of 1 month got nothing except a MCOL from Northampton. I also sent them a S10 DPA request as other members from the IFA had tried to contact me via text and email touting for business. In total the sum claimed is £1261 + Court fee made up of original debt £997.31 plus interest, a tracing agents fee because I moved and not told them £42 plus Sol fees £210 plus future interest. So, apart from acknowledging service can I assume this falls under CCA rules or send a CPR 31.14 request. Any help greatly appreciated.

Hi LittleBudha I have had a looka round and found this. it may also help you. Someone more experienced may belong soon to help you further Removal of Default & Termination Notices - Accurate Default Notices are vital

Thanks Bookworm, your posts total says alot and i will bear in mind what you have said. i will watch my calander and not object now, but, have a counter argument prepared. do you know of any reference threads I could have a look at for similarity? You would have thought that with all the previous cases these people have had to deal with they would know how to set their stall out covering ALL bases. I must have hit a nerve and they are not going to have an easy ride.

Hi Littlefatbudha. Have a read of Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if you google it, it may help. also, have a look at a look at the office of fair trading report of April 2006." Calculating Fair Default Charges in credit cards" assuming they are credit cards. this report sets a threshold level of £12, below which it would not warrant regulatory intervention at that time (para 5.4). Hope this helps

Thanks to both of you. sorry for the late reply, i noticed a guest watching for quite some time so logged out hoping they would get bored. however, Supasnooper i wrote to the Court explaining their non compliance with the order and 4 days later a recorded delivery arrived from the Claimants sols. a judgement order arrived today stating i can make an application for what ever i feel fit to ensure the order is complied with unfortunately although late they have complied, so that is a non starter. Bookworm i was under the impression that if they are going to rely on hearsay evidence which the ws will become if the writer is not going to attend they have to send me a notice under CPR 33.2. There is no reference to that CPR in any of their correspondence. I did call the court about this supplementary ws and the "advice" offered was to write in and object. to add more weight to the argument i would like a rule or procedure to use in the objection. It is difficult when you are a LiP to know what you can and cannot do and when.

Has anyone known this before? With info gained on here I submitted a comprehensive witness statement (ws) and although the claimant did not exchange WS when ordered to do so they have now sent one and recently another to supplement their first and counter my one and only ws. can i object? and the person who wrote the ws states he has done so but will not be called as a witness - strange. secondly (or thirdly) i have not received a formal notice that they intend to rely on hearsay evidence, which i assume it will be if the composer of the ws is not appearing

Hi Foreveraloe I will try and help if i can. to give you some guidence on this have a look at threads by Hunterandthehunted and a battle he/she had with LloydsTSB. it is a big thread but if you can scan through it alot of good advice is on there especially on the disclosure bit also read through the sticky on getting them to reveal and CPR 31.14 at the start of the legal forum. i hope this helps:rolleyes:

Hi Foreverloe, things have moved on and I have gone past the List by disclosure now and shortly will have to submit my witness statement. I am thinking about writing to the court via the case manager to explain and ask for the case be struck out because with the lack of a DN and FD plus what i have alluded to in my last post what chance have they got in succeeding and moreover if you look at the money laundering act and retention of documents again they fall foul. all of this was put in my defence but i might have well not bothered as it seems to have been ignored or overlooked. the judge may say i will have to fill in a N244 and pay the fee but sometimes it can work and especially if reference is made to saving costs.

Hi Waroo I know that this thread was a long time ago, but there is something I have noticed in it which is exacetly the same for me with these **** now and that is the cc statement showing zero balance a charge off and refund. I was wondering because i can not find here, did any site member offer any advice on this and what steps did you take to bring it to the attention of the court. i assume it would have been refered to in your defence. any help grately received

Ok. I have gone with the following any thoughts In view of the matters pleaded in my defence with supporting evidence, i respectively request that the court give serious consideration to striking out the claimants claim pursuant to CPR 3.4 or a summary judgement pursuant to CPR 24.

Could anyone from the site team have a look in. i would hate to get things wrong at this important stage when there is a strong possibility to get the case struck out

Could someone help with advice please - just contacted court they have requested it is returned by 4pm today and with the weather we will have to set off soon. thank you.

Hi all. My better half have and I, with guidance from here have battled with SCM for over a year. I think the last nail will need a "sledge" hammer. They were awarded a judgement by default from NCCBC and we got a set aside. The case was sent to our local and 1 DJ gave them an order of disclosure for CCA, DN and FD sadly it was not an unless order. They sent in a dodgy application form and some statements, a letter stating NO DN or FD but here is a template. i wrote to the DJ via the court manager who brought a hearing forward. We attended they did not and the next DJ ordered a strike out of their claim in our favour. They appealled and won and added their costs to the claim. At this stage we had not even put in a defence. A further DJ ordered a defence be submitted and that has now been done requesting their right to claim and with a golden nugget attached - Looking through their appeal bundle I noticed the last statement they provided to us and the court it states that there is £0 balance owing, a refund of interest and £x charge off account. With this finding I went into the Bank. They phoned the CC DEPT who confirmed NO outstanding balance and the Acct is closed, the bank i went into then wrote a letter to that effect. I attached this statement and letter to my defence as exhibits. We have now been sent an AQ 150 and would like some assistance with its completion and any suggested other info and draft directions.