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Everything posted by nearlythere

  1. No, went with the paper copy N1. Apparently better in the long run........as you can see!!!
  2. Hi. Spent all of last night at work preparing 3 x bundles for pending court case. Came home this morning filed/labelled everything ready to send off today so it arrived before Monday 6th May. Checked internet banking and there in my account was £3738 HaHaHaHa!!!!!!!!! So I've won!!!!!!!!!!!!! No letters, no communication, no conditions etc etc etc. Have been to the bank already and hastily withdrawn the lot. Many thanks to all ( GaryH, Michael Browne, Barty in particular etc etc)who have guided me through this process. It's a well used cliche on this site but you must all see it out to the end. Paypal donation on its way. Could someone move my thread to the won section please. The End!!!!
  3. Thanks Michael. Just been re-reading a link from GaryH though and he says that that from the OFT report that I just need section 1 overview ( which seems to be more weighted to credit card charges) plus the section on disguised penalties, scetion 4.21. Any quick advice? Thanks.
  4. Just a quick question regarding bundle contents. Do I need to print off all of the OFT report or just the summary. Think I've seen on here that the summary is enough. Thanks.
  5. Hi purplerain and well done! I am at the court bundle prep stage, 4 weeks until court hearing. Do you mind me asking how much you claimed for and at what point did you submit your bundle? SCM have until 6th May to submit theirs, did you send them the non-compliance letter straight away etc etc? Thanks.
  6. Hi. Thanks GaryH for the letter. I'm just in the process of completing the Witness Statement for Lloyds bundles. I presume I am classed as a witness, I vaguely remember the AQ form and it asking whether I will be relying on any witnesses or was it asking for expert witnesses? Do I need to include it in the bundle and if so, do I just amend it to include my details? Thanks.
  7. HI. subscibing to your thread, my court date is 21st May. Is yours the final hearing. From what I've gathered, you include your latest schedule, which should have updated the latest interest. The court costs are on your POC but not including the AQ fee, presume that is paid as mattter of course. Haven't yet finished my bundle but in the process of doing it now. How much are you claiming back?
  8. Starting court bundle over the next few days. A couple of questions.... answers very much appreciated. Do I just print off all of the UTCCR, UCTA, SOGA documents as they appear on the court bundle? With regards to my schedule of charges and the charges prior to my court claim date - do I amend my schedule of charges to reflect the statute barred parts or submit my original schedule (bearing in mind the pre 6 year claim timescales)? Do SCM require copies of all of my statements/statement entries - do they have access to these anyway or am I to just provide them as per the courts directions? Thanks.
  9. Have had a court date for over 3 weeks now, only 5 weeks to actual date of hearing. Have sent letter requesting 'encouragement to settle' but heard nothing an no money has apeared as yet. My deadline for returning documents is the 6th May so I'm going to start on the court bundle shortly. Do SC&M have to send me their documents as well as the court and if they havent done so by the 6th May do I inform the court they havent? Do I, or the court, write to them informing of 'non-compliance' of the directions? Getting really p****d off now waiting. There seems to be no pattern to them in regards to paying out and all the time I, like many others, have had to pay several hundred quid to get to this stage and they still keep us hanging on!!
  10. I tried it nearly six years ago. CCJ entered against me and if I paid within one month the judgment would be cancelled. Originally offered to pay back at £40/month on the CCJ form (their claim form) and it was accepted, and then came into some money just after the month was up. Offered to settle CCJ but was told that doing so would make no difference so kept the money in my pocket and paid £80/month. It was going to be on my CRA files for 6 years whether it was paid or not
  11. Have sent letter to SCM and copy to court as advised by MB last week. Quick questions with regards to court bundle preparation, court date set for 21st May, 2007: do I have to copy all of my bank statements for Lloyds as well as the court? if, big if, it goes to court is there anything Lloyds can rely on that I will not know about? as per one of my previous posts, the N157 received from court, is this the definitive date for a conclusion to this claim? with regards to claiming costs etc, can I claim for photocopying/postage or do I include all of that in an 'hourly charge'. How do you claim for these costs? Thanks
  12. Hi, so they are saying that you are guaranteed a refund simply by issuing a court claim?
  13. Thanks for that MichaelBrowne. Do I need to send a copy to the court before the court date or keep it until I send in my court bundle. I know it all adds weight in my attempt to avoid the courts.
  14. Have today received notification of Allocation to the Small Claims Track. "District Judge ******** has considered the statments of case and allocation questionnaires filed and allocated the claim to the small claims track. 1. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing. (These should include the letter making the claim and reply) 2. The original documents must be brought to the hearing 3. The hearing of the claim will take place at 14:00 on the 21st May 2007 at ***** ***** ******* ***** 4. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However, the court must be informed immediately if the case is settled by agreement before the hearing date. 5. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary. 6. The claimant and defendant shall file at court AND serve on the other side their statement and witness statement with their copy documents. Witnesses should attend the hearing. NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before hearing." Presumably I must now prepare the court bundle. Point 4 encourages dialogue between parties, has this proved successful for anybody else on here or does it not pay to do so? Thanks.
  15. Yes, knew that they're not required yet. Just didn't want to have to produce them later on and find that they weren't sufficient. Also, as per a previous post, Lloyds defence pointed out that charges prior to Feb 16th, (court claim date), were statute barred. My initial request was for refund of charges from October 2000-October 2006 (thinking this was the 6 years) , but as per their defence only charges from Feb 16th 2001 were allowed. Presumably this means that charges upto Feb 2007 are allowed in the claim, but my POC and schedule only reflect the October dates. Do they include charges upto the settlement date that have accrued?
  16. Just been looking through all my statements and reponses from Lloyds etc and in preparation of the court bundle to be supplied, AQ return deadline for Lloyds is Friday. Some of my 'statements' are account entries showing dates and amounts that have been charged to the account. Have I overlooked these as being suitable for a court bundle. Thanks
  17. My AQ was sent in 9th March and Lloyds have until Friday 23rd March to send in theirs. If I hear nothing from Lloyds/SCM how do I know if they have returned their AQ. Someone has previously said they're always late sending it in, surely that's why the court give deadlines? Do the court let me know if they haven't returned their AQ? Thanks
  18. mimward/will scarlet - i will try to keep an eye on your posts. I handed in my AQ on 9th March, SCM have until the 23rd to hand in theirs but I didn't use the updated draft order so we'll see if it makes any difference. Some people are quoting quicker settlements than others dependant on the AQ.
  19. Snevillio, my claim is for £3500 including the statutory interest. Haven't heard/seen anything yet, did they pay you all of it outright into your account and without contacting you?
  20. Cheers for that. I didn't do the 'new draft order' AQ. It seems that the 'new draft order' AQ response does speed things up a bit according to a few threads on here.
  21. Hi 3 roses, you said when you got your AQ you won? Did Lloyds send in their AQ or not? I sent in my AQ last Friday, 9th, and hey have until 23rd March to return theirs. At what stage did you get your refund? Thanks
  22. Anyone got a link to the 'court bundle', I can't seem to find it. My AQ was given in to the court on Friday 9th March, they have until 23rd March to give theirs in. Thought I'd start looking through the requirements of the bundle to be prepared. Thanks.
  23. Well Done Abe. At the same stage as you were, Defence received from solicitors and AQ returned. They have until 23rd March to return their AQ. Did you hear/receive anything in between returning your AQ and the deadline for returning it?
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