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Durkin

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Everything posted by Durkin

  1. Try speaking to a British customer services manager as high up the food chain as you can get and dealing with only them. Forget the overseas call centres. If that fails just switch to Sky. I've just switched after almost 20 years of neglect with BT, including similar problems. I'm not sure if Sky are any use but they're cheaper. Good luck. Richard.
  2. Ask your MP to help revise legislation ASAP. It's unfair that you'll end up paying much more for a home (assuming you'll still be able to afford it) when you've done what you can to rectify your credit rating. There'll be plenty more folk in this situation as they find their feet following the recession. The malice stinks.
  3. The EX160 can't be rejected for JSA. You should keep hold of £40. Reclaiming is an unnecessary ball ache It does depend on who you talk to.
  4. Just hand in the EX160 tomorrow. They'll give you one to complete if you haven't already downloaded it. I think we've different views on how the ball is rolling. You should never have been in the situation that you're in. Ken Clarke & co. are responsible for letting the bankers shaft the rest of us. I agree that there's a good chance you'd be wasting your breath though. We're relying on dodging the (Edit) judges until the government is inspired/forced to improve legislation by the Supreme Court. Cheers, Richard.
  5. It seems that you should ask for the complete removal of default info as per Experian. Just ask for £5k (maximum small claim) simply for general damage to creditworthiness (defamation). Use my case and ensure you show up (Showing up of course is the hassle and it can lead to an inconvenience that many folk are happy to avoid). It seems you'll be sorted soonish though, either way. Cheers, Richard
  6. The satisfied default and markers, I'm led to believe, are just as bad as the default. Continue your action until it's clear. It sounds like you're not too bothered about the £5K if you can have a clean file but it would teach them not to screw others so readily. I've waited 5 years for FOS to get their act together (or not!) before. The court should have this sorted within a couple of months (1 month in Scotland - but yes only £3K). This is far from trivial. I'm taking them to the Supreme Court to prove it. Cheers, Richard.
  7. Good spot. You'll fill in this form and you'll be exempt. Sorry, hadn't noticed you're on JSA. You can probably get back everything you've paid so far too. Ken Clarke visit is up to you. Certainly don't get on the wrong side of him but try the other side. Make him aware of the problem (it's not just you being shafted, far from it) and see what he suggests. CAB should be available. Ask him to investigate why it isn't? This seems like a time that you need him. We all do actually. Cheers, Richard
  8. It seems that you're busy just now but it may be worth seeing him on Saturday? You can tell him the problems you've had with CAB and the law itself. It may be interesting to see what he says.
  9. 5000 is not above 5000! Legal folk aren't renowned for their maths. There's another thread on here I saw (don't have time to check it now) that had the same issue. I think they, eventually, were allowed to submit the N149 when they explained that 5000 is NOT above 5000 (I think they're not supposed to take expenses into account). I think you should try hard to keep it on the N149. The case isn't complex. Ken Clarke is supposed to work for you. Complain if he refuses.
  10. Even if special (Specific) damages were awarded he'd still be entitled to general (defamation) part.
  11. I'm unfamiliar with an allocation questionaire. Hopefully someone else can clue you up on that. WOW. So they admit that the judge heard evidence only from the defenders and without your knowledge. Pretty fishy. It seems that the result is this AQ (I've no idea but perhaps it's a method for deciding on whether the case goes to a higher court? If so, that's a fairly lazy/dodgy judge you're dealing with as he should just have ruled in your favour without making you jump through this next "hoop".) Sorry, I can't help much now. Ask the court though about the process and find out why you weren't invited to attend the original hearing. (Someone at the court knew what was going on but failed to inform you, seemingly). £220 is enough to put many people off. Make sure you speak to Ken Clarke and find out what the hell is going on. (Check if the AQ is compulsory for example? - I've no idea). If you do end up paying this, make sure, obviously, that it will be reimbursed Yes, the Aberdeen sheriff awarded me £8K just for general damages. The Supreme Court is expected to confirm this next year. Googling Kpohraror v Woolwich should give you what you want. Good luck. If I were you now, I'd be keen to find out more about "the process". It certainly seems different to what I've experienced here in Scotland. Richard.
  12. Hi Noddy, Your evidence is the letter admitting fault and the copy of credit file stating the default. That is enough. It proves that your creditworthiness has been damaged. It's like a form of defamation. Hopefully you'll still see Ken Clarke and educate him. As an ex justice minister he should know that it's the politicians who make the law. The bankers are taking advantage of poor legislation because the politicians are refusing to improve it in favour of the consumer (despite their constituents wishes) When this gets in front of the judge you'll win. Corruption will be the only thing that can prevent this. I hope you get good feedback from the court soon. This whole process should only have taken 4 weeks. I know in Scotland, corruption has reached the highest level but I think there are still a few good judges in England. Stick at it but take a breather every so often to help reduce the stress levels Richard.
  13. Consumer credit act is UK law. London is in the UK. You may have their admission that the default shouldn't be there or a standard letter recognising that defaults "cause difficulty in obtaining a mortgage"? Anything along those lines is all that you need. I'd avoid mentioning this. It may make the judges brain hurt and take it off topic. Don't fall into their trap. Keep it (very) simple. Richard.
  14. Main problem with this, that the solicitors may not tell you at the start, is that it's unlikely, (due to some dodgy quirk in the law itself!) that you'll get all your expenses back. Yes, you'll usually need to pay up front and because the bank would certainly drag things out, your own solicitor could end up bleeding you dry! An own goal. Personally, I'd avoid it. If you do go for it, make a minute of amendment for the full £8K.
  15. Hi Noddy, They're incompetent fools. Kpohraror wasn't awarded anything for his business loss, only for general damages. Let the judge tell them and watch them squirm. Just the fact that you're unable to get credit because of the default is all that the judge needs to open the floodgates. There is no proof required in the pursuit of general damages to creditworthiness. Refer them to my case too. It's quite clear. Richard.
  16. Sweet. Let's hope he helps. Good luck.
  17. Frank Doran, my MP, is an ex lawyer. He's always voted in because he's red and so can only do what his party tells him to rather than what his constituents need him to do. I don't know much about Ken Clarke except he's the ex justice minister. I guess he probably still has a few contacts. It seems you still have a chance to get this sorted before Xmas whereas I'm about to experience my 14th consecutive Xmas shafted by the bonus boys. It's particularly tough with young kids. Next year though will be the year for the consumer. Good luck with Ken, I hope you'll be pleasantly surprised. I'd be interested to hear if he's heard of my case. Cheers, Richard.
  18. You should have paid him a visit before now. I think if he was my MP I'd be much further down the line. I've asked my MP so many times for help from the ministry of justice. Palmed off every time. (He's an ex lawyer!)
  19. They should be the ones crapping themselves. You've exposed them! Then they're guilty. As long as you show when they ask you to you'll win I wish I could have that title. My case will not be ratified until next summer so it seems that you'll be taking the glory ahead of me. I'll be very happy about that. The bad guys can't be allowed to continue. Yes, I tried to keep things in the small claims court but in my case, I was dealing with particularly malicious folk who think they can buy judgements (actually true in Scotland! - but hopefuly not for much longer as there's a new breed coming through) Try getting in touch with the Law Works charity for pro bono help. I went to university at Nottingham. The MP there (Beeston) seemed quite helpful.
  20. For general damages to creditworthiness (it's form of defamation in itself) you can get £8K without proving actual losses. All you need to show is that the default is there and the evidence that proves that it shouldn't be there. Sadly the small claims court restricts us to £5K but I understand that this has been under review and will be increased. I'd skip data protection laws unless you're willing to quote all the spiel that comes with it. I'd print the form and take 2 copies to your local court. If you file it online you'll be adding at least a month to the process.
  21. I'd really try and lodge a small claim live at your local court. There's a chap on here - Noddy, that has had terrible problems jumping through all these N1/MCOL hoops etc. online. I know nothing about it myself but suspect that Andy could advise you if necessary. It may work differently in England but in Aberdeen you can simply get a short form from the Clerk of the court who can tell you what needs filling in. You'd then take the completed form and a copy back to the court for them to serve on the defenders. Most of the time, you just sit back and wait for the defenders offer. I'd like to see someone get this easy £5K though. Noddy seems like he might be the first. That should simply be a matter of showing up!
  22. You're probably wasting 7 days given Cap 1's past performance. I'd go to your local court in the morning and lodge a small claim. Let the court work for you. You'll be surprised at how quick things can happen For example, when they receive the small claim, they may well remove the default and offer a beer chit plus expenses in compensation. It'll then be up to you if you ride it out for another 4 weeks(ish) on your way to £5K. Hope your problems are soon resolved. Richard.
  23. Hi, I remember seeing a thread elsewhere about your troubles. The court is generally much quicker than the ombudsman. Certainly you should be able to claim an easy £5K for general damage to creditworthiness at your local small claims court. You must also claim to have the default removed. I agree you should receive much larger damages for defamation but this will involve going into the higher courts which is very stressful and where you're unlikely to recover all expenses. If £5K's enough for you, you should be paid before Xmas. Good luck. Richard.
  24. If they've admitted fault it seems you've an easy £5K headed your way. Yes. Damage to general creditworthiness lodged as a small claim at your local court. You should get the cash in time for Xmas. Keep particulars short and sweet. Less is more. You don't want to confuse the judge (That will be the defenders plan). Enjoy. It should be quite simple. Good Luck. Richard.
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