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turtlesnapper

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About turtlesnapper

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  1. I am genuinely sorry you feel that way. I believe the purpose of this site is to try and help people by sharing knowledge based on practical and personal experience and from that to get the best results that people can get when faced with real problems. I come here with no ego to feed and neither am I seeking to score points - but I have a fair amount of hard-bought first hand experience in certain areas which I am happy to share to try and help people avoid mistakes I have made.
  2. WD This may be semantics but it seems there is a difference between a County Court and a District Registry . When a County Court is also a District Registry - and some County Courts are then it can be dealt with by a District Judge sitting in the District Registry based at the County Court. Where there is no district registry based at a county court then it cannot be dealt with at that court . The District Registry is part of the High Court not the County Court - or so it has been explained to me by clerk to the court who also explained that you can't make these applications in all county co
  3. Some quick and urgent points: 1. As this has been transferred to the High Court there will be a writ of Fieri Facis (commonly known as Fi Fa) issued from the High Court and that is what Marstons are executing. It is to the High Court, District Registry that the writ of Fi Fa was issued from, where you must go for an Application of Stay of Execution (Fee £45) - Not the county court , although some County Courts are also a High Court District Registry. If you are not close to the District Registry you can go to the High Court, Queens Bench Division in the Strand, London and you will be able t
  4. They are not allowed to list some of the items you say he has listed - e.g. cooker, table and chairs, washing machine - domestic goods you need for living; equally they are unable to levy on items needed for work or business which can include, car, computer etc. I am sure somewhere here you will find the Guidance note which sets out what can and what can't be taken.
  5. cher have you done an analysis of your account - payments, credits and charges to see if they are correct? If they are reversing charges it shows that they have found they have made errors - and they are very prone to that. Make sure they have recorded all of your payments against your account - I have found that they do not necessarily do that, or they get the amount or date wrong sometimes. Worth looking at earlier statements and comparing with later statements and any provided to court to look for discrepancies - you may well find some - also check against payments you have made and
  6. You cannot put "because you were not informed of the date of the hearing" as bartok suggests because that is not correct - you never received any summons and it is only if you have responded to a summons and filed a defence that a hearing date will be set . You were totally unaware of any claim; you had moved and changed address; you had sent payment which the nursery for some reason did not cash; you had been in correspondence by email but received no replies. As regards filing your Application - if you have access to a fax you can send this to the court by fax, call them first to tell t
  7. Some quick and urgent points: 1. As this has been transferred to the High Court there will be a writ of Fieri Facis (commonly known as Fi Fa) issued from the High Court and that is what Marstons are executing. It is to the High Court, District Registry that the writ of Fi Fa was issued from, where you must go for an Application of Stay of Execution (Fee £45) - Not the County Court , although some County Courts are also a High Court District Registry. If you are not close to the District Registry you can go to the High Court, Queens Bench Division in the Strand, London and you will be able
  8. Have had 3 examples of DVLA losing paperwork over the years including one instance where two applications for VED refunds were sent in the same envelope, one was processed the other not and DVLA claimed it must have been 'lost in the post' and that was my responsibility. DVLA seem to have a culture of refusing to accept that they make mistakes and prefer to try and place the onus on the individual. If a letter posted to me by DVLA is not received then that according to them is the fault of Royal Mail and it does not remove any liability from me - But if a letter I send is 'not received' b
  9. Quick point on Tax. 1. Compensation is Not Taxable. The £20 for delay is Compensation. 2. Statutory interest at 8% is Income on your money and thus if you pay tax this could be liable to tax and technically you should declare it to the Inland Revenue. But that does not give the company the right to deduct tax from it at source. I don't quite understand what you mean by 'claims paid'. Was this a partial refund of PPI and interest or was it payment made under the policy?
  10. FYI - This is not widely enough known about and is well worth reading and understanding because of it's apparent simplicity and effectiveness. This will not allow me to post links so you will have to add the appropriate to links below Copy of legislation quoted below is here legislation.gov/ukpga/2006/14/contents OFT online examples of the use of section 140A and 140B - oft.gov.uk/about-the-oft/legal-powers/legal/cca/CCA2006/unfair/unfair-rel-full From 2006 Consumer credit Act Section 19 Unfair relationships between creditors and debtors
  11. It depends on whether the PPI was mis-sold or not. If it was you have grounds for refund if not then you don't. Mis-selling can cover factual things such as you were wrongly advised, not advised and for the first they have to have gone through a question and answer process to ensure it was suitable for you and you fully understood and agreed to it. If it was a matter that they simply insisted you took it and had no choice then that was wrong and can comprise mis-selling. Section 140A Orders have been based on that last point. There are examples on the FOS and FSA sites. have a look
  12. Interesting. I'm not sure that the statute on limitations need apply - if it did you need to apply for leave to commence action 'out of time'. It seems to me , and I am not a lawyer, that Sections 140A and 140B of the CCA are a better route to go. Claims for incorrectly applied PPI were made retrospective and Sections 140A and 140B are not a claim in the sense of issuing proceedings through the court. They are a ground for making an Application for an Order whether or not proceedings are in existence - in other words it is not starting a court action. 140A enables you to make an Applica
  13. Can you say how the refund of £7k was calculated ? How much was original loan - how much was the PPI cost - when was it and what happened?
  14. Kate the rate should be the rate charged by the card company and that is likely to have varied over time. Check it from old statements if you have them. If the rate varied then you will need to do separate calculations for each period. e.g. the spread sheet you uploaded shows a rate of 24.9% But if part of the period between April 2000 and Mar 2004 was at a higher or lower rate then that period needs to be calculated at the rate applied. Did you clear the card in 2004? or what happened after PPI stopped in 2004. Was the card used, or was it left dormant and payments made over and a
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