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  1. Thank you for the advice. I am on income support as I previously said. I have a voluntary arrangement and a ccj and every month is a struggle. I have to pay about £220 towards my mortgage a month, which I only manage with loads of help from my family. The fact that the Halifax regularly charge me £39 for going usually just a few pounds over does nothing to help my situation. In a perfect world I would be able to get my money in cash and go and pay my bills in cash, eliminating the need for a bank account, but these days this is impossible. They seem to have me over a barrel. I assume its not just good enough to site claiming benefits as a reason for hardship?
  2. I started court proceedings for reclaiming my charges from the halifax late last year but never actually submitted court papers due to the test case and stays. As I am on income support with a 2 year old money is tight, and I have read on some forums that if it is causing undue hardship you can claim despite the test case. Can I get some advice on the following please? 1. Do you think this applies to me? 2. Is it through the bank or the courts? 3. How do I implement this? Thank you
  3. Just a quick update, heard nothing from Cobbetts for months and have still got court date for november. Getting a bit worried now!!!
  4. is it not the same principle as writing a cheque the day before your money goes in which they class as fraud?
  5. apologies. can see that now. read it totally wrong and felt sorry for john. Sorry willowb.
  6. I don't understand why someone is an idiot for bumping their thread. In fact elsewhere on the site it is suggested to do this. This rudeness is surely unneccessary. Many of us are interested in John's thread as we are following in his footsteps and may need the same advice. I think, as far as i can see, the judge is asking specifically WHAT the breach of contract is, and not just generally that 'they are invalid under the Unfair (Contracts) Terms Act 1977 s.4' and for part iv, exactly which contractual terms are unenforcable. I have read the supply of goods and services act. here is the relevant section. 15 Implied term about consideration 1. Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge. 2. What is a reasonable charge is a question of fact. I wouldn't know what the matters relied on for basing my claim would be either. Hey, John, we must both be idiots then!!!!!!!!!!!!
  7. does anyone know the details of the settlement in lloyds v elliot, ie dates and place?
  8. What I can't understand is why these judges don't know this case is settled. Doesn't someone in their office check?
  9. Result!! Hopefully not long to go now for you. Have just recieved the cpr part 18 request today and sent similar reply to yours. Think they are playing for time with all of us. Good Luck.
  10. I am responding with the following letter. Is it ok? also enclosing the following after reading another thread by pac1208. Hopefully it will quicken up the process!!!
  11. RBS have requested loads of further information under the Civil Procedure Rules (CPR) part 18 however on this site and according to the department for constitutional affairs website CPR part 18 does not apply to the small claims track. RBS has sent these requests to other claimants and also they put in a deadline for responding and make out it has come from the court. Only the court as far as I can see are allowed to request further information -hopefully someone will correct me if I'm wrong before I send this letter.
  12. Have recieved a defence from RBS via Cobbetts Solicitors, with a request under CPA part 18. This is a letter I have drafted in reply. Any opinions please?
  13. Have recieved a defence from RBS via Cobbetts Solicitors, with a request under CPA part 18. This is a letter I have drafted in reply. Any opinions?
  14. RBS have put a defense in on last day allowed on my claim aswell. will expect same questions as you. did you reply?
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