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Everything posted by deathshead

  1. judgement order against citi came through post today now which frame to use
  2. if there is debt outstanding there is little point going for the set aside as they can just take out another ccj far easier if the debt is cleared did you enter a plea first time did you get a default notice....
  3. believed it "could be" £8 rather than believed it was he probably set the figure to finish it quickly
  4. judge seemed to have handled a number of these cases, he went through the points quickly, said he could believe costs to banks were c£8, was not happy citi would not share the data behind there figure of £12 said the burden of proof was theirs to show the figure of £12 not mine as I am not privvy to their accounts anyway he set a figure of £8 for the charges and i get the difference, in essence i get 2/3s of the claim from start to finish citi hired an outside barrister to plead the case, polite and friendly, not au fait with these cases, though will be checking her accounts..
  5. hi in court monday afternoon with citi think im ready... any advice
  6. i can send you a blank CCA doesnt mean anything they need to produce a copy of the signed agreement do not sign what they send you
  7. deathshead

    Egg Card Misuse

    the implication here is that your card was cloned at the machine and your pin comprimised, if you can remember which machine it was I would guess the police would have some record of any dodgy dealings on it by now if you used the card abroad it would help your case
  8. pretty much a cut n paste egg response on here ordered to pay "assessed costs" would consider it small claims tbh
  9. later disagreeing with the amount originally claimed is also valid grounds more annoyed at the costs side of things charged to me well over 1k for what must have been a 15 minute hearing
  10. no didnt not already set aside was an application to do so will probably write to the court and argue my case again
  11. after some advice applied for a ccj set aside on grounds of no longer agreeing with balance due to charges etc was unable to attend date set and wrote to court explaining this ruled against me in absence and ordered to pay claimants court charges to boot any room for manoeuvre here do you think
  12. what was the approx size of your claim out of interest
  13. deathshead

    Naughty Egg!!

    your claim is over 24 lines, tidy up a bit eg below I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The companys charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the company to justify their charges but they have declined to do so. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 10/10/01 to 24/04/06 of £116.16 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00022.
  14. 8. In the event that the Court finds that the default charges levied on the Claimant do constitute an unfair penalty and are thus unenforceable, the Defendant asks the Court to assess the actual cost to the Defendant of dealing with the Claimant's breach of contract in failing to make her repayments hes done your work for you
  15. you need to wait one month after the 12 days before sending them anything after 12 days they are in breach and debt is unenforceable until documents provided, they then have a further month to supply the documents before they have committed an offence
  16. you will need ALL documents relating to your case make sure you send copies to the court and citi also
  17. just tried to raise a mcol for citi keep getting "Due to a technical error you cannot submit your form at this time" anyone else get this?
  18. yes, they are in default after 12 days, the debt only remains unenforceable whilst they are in default, offence commited after been in default for one month, eg will chasing the loan be worth the hassle of defending the offence for them?
  19. deathshead

    Egg Default

    send them a CCA 1974 request for a copy of the default they sent you, if they cant then they must remove it
  20. you leap frogged me, well done full settlement now offered
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