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tracied123

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About tracied123

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  1. Thank you for your kind replies. The Judge struck out the Claimants claim as on 2 occassions he set directions that they supply paperwork to the Court by a due date and they ignored both the Orders. The Judge Struck out their claim, Upon the Claimant having failed to comply with the Order on 25th April 2014 and further upon the Claimaint failing to serve a full breakdown of costs claimed as directed in a further order dated 7th May 2014 And upon no defence having been filed to the Counterclaim. It is ordered that The Claimants claim is struck out. Judgement for the Defendant on the Counterclaim. Any party affected by this order may within 7 days of Service upon them apply to the Court to have it set aside. Dated 20th May 2014. The Claimant has not applied for it to be set aside. They are a firm of solicitors yet they are now chasing me again for the debt, giving me 7 days to pay or making threats. I have reported them to their Governing Body, but as they have taken it to Court the Governing Body won't do anything or get involved. I thought I had read some where but I must have been mistaken that you can make an order Absolute ie they cannot reapply to have it set aside at a later date. Sorry my mistake, I was trying to find a way of doing something to stop them reactivating the claim again. Thank you so very much
  2. Would anyone be so kind as to tell me what wording I should use to apply on a County Court Order to make an striking out order absolute. The Claim was Struck out by the Judge and gave the Claimants the right to apply to get it set aside within 7 days. The Claimants who happen to be a firm of solicitors did not apply to get it set aside and are now a long time outside the 7 days. Yet they are still chasing me for the debt and saying they will get the order set aside if I do not pay. Would anyone be able to tell me how I can go back to the Courts and now get the order made absolute. I have the Order I am just not sure on the wording I would have to use. Thank you so very very much for all your kind help.
  3. No I made an application to the Courts for an application to Request Judgement for my counterclaim Form n225. I also pointed out in a letter that the Claimant has ignored both orders and hasnt filed a single document, and I referred the Judge to their last email "that they stated, they have connections with the Court and do not have to comply with Orders" ! Their claim was struck out Wednesday. Then today they sent me a copy of a client care letter they had printed off saying we say we sent this too you 3 years ago. So im hoping they are not going to try and get it reinstated on false documents they have suddenly printed out. The Court order specificall asked them to supply these documents but they ignored the Order. Will it cost them to apply to have the Judgement set aside and the Case reinstated ? Thank you
  4. Thank you for your reply. Their original claim has been struck out for failing on two occasions to comply with the Orders and deadlines. Will it be easy for them to get their claim reinstated ? Or will I be able to object ? Thank you
  5. Hi and thank you so very much for viewing my post. I posted previously about a firm of solicitors who for 5 years refused to give me any bills or invoices, and kept threatening to bankrupt me if I didn't hand over £3000 or sign an agreement agreeing I owed the debt. They would not tell me what they had done with the money they took from me at the outset £1500. They could never show me one single letter or phone call they made on my behalf. They commenced a claim in the County Courts without one bit of paperwork. I mounted a defence and Counterclaim. They did not respond they ignored my counterclaim. THe Judge gave an an Order that they had till 12th May at 4pm to serve full client agreement letters, invoices, bills etc and proof of their debt. They ignored the order, they kept ringing me up telling they knew people at the court I would not stand a chance, I should come into the office and settle or sign a debt acknowledgement. I kept going with my Counterclaim, THey did not respond or acknowledge my Counterclaim, so I filed N225 Request for Judgement. The Judge again issued another order before giving me Judgement that they had to file the paperwork proving their claim within 14 days - they ignored that also they said to me that as they are solicitors connected with the Court they do not have to adhere to the rules ! I made an application to go before the Judge. He read through all of this and he immediately Struck out their claim on the basis that they have not complied to a single case management Order or a further order that was made. He also gave me "Judgement for the Defendant on the Counterclaim for the Sum to be assessed". (Can anyone tell me what this means, how do I get it assessed.) Please - I can't find this term anywhere or what to do? It also said that any party affected by this order may apply within 7 days of service to have it set aside varied or stayed. Today the solicitor has come back to me sending me a load of documents, saying they overlooked the Client Agreement letter but they did enclose it with a copy of a bill 2 years ago. Total rubbish. The courts, and I have been asking to see a copy of the Client Agreement letter and so have I and they could not comply with any of the Orders for disclosure, yet now their claim has been struck out, they have suddenly printed one off and say they sent it to me 2 years ago. No covering letter, no proof of postage. No follow up to find out why I had never signed and returned it. The fact is I never received or ever saw one. My Question is this if they do apply to have it set aside and their claim reinstated what can I do, can I argue, can I point out that they have just cobbled this together and sent a made up copy now to get their claim reinstated Secondly, my Judgement on the Counterclaim for a sum to be assessed. How can I get a sum assessed to enforce the Judgement. Can anyone give me some help on what this means. Sorry to come back to you all, but with your kind help I got this far, I never thought I would beat this firm of solicitors as they were non stop telling me that they had connections at the Court. I think they have egg on their face now. The Judge was appalled. What are the chances of them applying and being successful in having this set aside. Just want to be ready if possible so I know what to do please. Thank you Thank you so very much So grateful I could never have done this without all your kind help.
  6. Hi thanks for your kind reply. Its owned by Metropolitan Collection Services, who are owned by HSBC but effectively I cannot pay the loan to HSBC anymore as they say it has been passed to a third party collection agency, and also hence the Consent order for me to agree for the money to be given to them. So not sure about this point. Secondly, the £10k is subject to tax, HSBC say in their letter that this money may be subject to tax and I should keep a copy to enclose with my tax return........ can the bank just use all the money when technically its not all theirs to use ie its gross and there is tax to come off of this amount . Ie if the cheque came to me, I would have to pay the tax on it and then theoretically use the remainder to pay the loan. So are they not just taking my money in full and doing as they see fit with it, when its not all theirs too use ? Thank you so much
  7. Hi I am new, but I followed all of consumer action's advice on reclaiming PPI. The bank upheld my claim and awarded me just under £10k this week for missold PPI I am disabled with Parkinsons disease. The policy was added to the loan without me knowing I was paying a loan at extorionate interest for many many years. boy was I pleased to hear this I just sat and cried I never believed someone like me could get their money back...... I can only thank consumer action for this help. This money would make a huge difference to me. But then the bitter blow what someone gives with one hand they take back with another. I took out at loan in 2000, the loan and the PPI was missold to me. I am disabled with Parkinsons disease, I suffer greatly, I only rely on my pension money and the loan was sold to me as a business loan I have not got a business, and there are lots of issues why the loan is wrong I am negotiating with the bank to have the loan interest changed and the terms of the loan put back to what they should have been. If it is upheld the loan would have in effect been paid of years ago. The loan is in dispute and the bank set a credit collection agency on me, but when I replied and told them that I wished to dispute it and provided proof that I would defend the action, the Credit Collection agency looked at my case and declined to take it any further and referred it back to the bank. I spoke to the Ombudsman and they wrote to the Bank notifying them to look into my loan complaint. The bank were told to deal with my complaint by the ombudsman. Instead what the bank are proposing is to take my PPI claim money and offset it against the loan and their costs and give it to the collection agency. They have said I have 6 weeks to agree for my money to go to a collections agency. The debt still remains in dispute and the bank have failed to look into the loan dispute. I am arguing that the PPI was obtained illegally and remains my money and the PPI insurance and the loan are two legally different things. I have said whilst the loan remains in dispute I want my money repaid to me. Notwithstanding that there is tax to pay on this amount of money. I know the law said that the banks must return the money to the individual if the policy was missold. Can they do as they see fit with an individuals money? Can they take it and just send it to whoever they want. I note that they have sent me a consent form but I have said no to signing it. I am not avoiding paying my debts but I want to have my complaint looked at properly and the loan dispute settled not for one branch of HSBC to pay it out and then settle a dispute to their satisfaction. Any thoughts would be so greatly appreciated. Any Laws I could quote for them to repay my money to me. Thank you first post I have ever done so thank you for reading my post.
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