Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

marylikes

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    205

  • Joined

  • Last visited

 Content Type 

Everything posted by marylikes

  1. marylikes
    Found it !! http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html Para 9, confirms the practice direction is alive and kicking, unless the High Court of Justice got it wrong
  2. marylikes
    CPR practice direction 50 indicates RSC orders are alive and kicking? Civil Procedure Rules 1998 also mentions specifically RSC 10, so unless its been revoked or something in the meantime i've no idea. I'd doubt it though. The fact the Valuation Office use it tells me its very much current too. But lets not forget, its purely a practice direction to "interpret" s7 of the Interpretation Act and not a paractice direction to clarify CPR6.
  3. marylikes
    I have Application form and T&C's for Credit Card from October 1996, i was just going to try and scan them up and i realised that its not Lloyds, its marked up just as TSB. Have a check and see when they started using/trading as Lloyds Tsb. The Wiki on it shows 1999, but go check it.
  4. marylikes
    Hi Angel, short story is yes and no and its off to court we go !!! Its all far to complicated for me! , Electronic Communications Orders and suchlike. All i can do is kickback and wait for the outcome now. Although i am suprised at a hearing time in the afternoon, the Judge is gonna have to be a good reader to get through and deal with it all in a couple of hours Lets hope he's read my skelly properly so he's ready !!!
  5. marylikes
    Hi , sorry for late reply. As well as asking the question here i done some research and i'd come to the conclusion that its not going to be a persuasive issue in the case, pre the trial. I'll seem to answer my own question here but as far as i can fathom i should of made a cry about it after the date for compliance had lapsed, i never. So i'll now wait and point out that the amount has not been clarified, although my guess is that the Solicitors will have a fully clarified amount of the amount claimed for come the trial so it will in effect be a non issue. I'm prepared for that. Obviously i'm prepared if they havn't too.
  6. marylikes
    Think i found the post i was referring too, down near the end of the post............ http://www.consumeractiongroup.co.uk/forum/showthread.php?193018-cupcake68-Vs-Amex&p=2166205&viewfull=1#post2166205
  7. marylikes
    I'm just researching this very thing myself. Its my understanding that CPR6 applies to service of Claims forms, Court forms and court documents generally and NOT the service of documents/notices generally. As far as i can acertain S7 of the Iterpretation Act is the Authority for posting of documents generally. I have the same query as the OP and i'm sure i read on here yesterday what it is specifically that connects that 1985 Order to the 1978 Act, i just can't find it again, but i'm looking !!!
  8. marylikes
    HI again , Court directions for Small Claims Track ordered Claimant to file and serve a full breakdown of the amount alleged from the Defendant by 17th December 2013. This has not been done. What action can or do i need to take over this matter. Leave it until we get to Court? Any advice appreciated. Can i ring the Court and see if they have recieved one?
  9. marylikes
    Contact them and let them know its vacant, and give them the keys. I was in a similar situation, they where fine over it. Can't see any point in getting a Solicitor when you are happy to turn it over to them and thats what they are taking you to court for.
  10. marylikes
    Good luck with it Dis, just be aware if your defence is too flimsy or unsubstantial they may try and ask for a summary judgement. Maybe an idea to post up a draft here for other more experienced posters to comment on. And also be prepared if this is a route they take. I hope i'm going to give you some ideas to consider here, but i've thought a lot over this scenario (where no docs are presented before defence). Its mooted here and elsewhere that with MCOL, there is no need to attach documents to a (MCOL) claim. That much is true. MCOL is designed to make going to court a more simplified experience. So you sue me, i sue you the judge takes stock and makes a decision. Where it aappears unfair to me is that often Claimants (specifically financial institutions) will use MCOL for CCA claims,CCA claims do indeed rely upon documentation so there is an anomally there, or maybe some abuse of process. Thats my personal take on it.
  11. marylikes
    Hi Dis, at this stage i can't see how you can pad it out as you don't have possesion of the documents they mentioned in their Particulars of claim. So you won't be able to pad it out anyway. Saying anything would be pure speculation. Have you filed a defence yet or not ?
  12. marylikes
    I'd just send it first class with proof of posting (free at post office), then ring them up to confirm they have recieved it.
  13. marylikes
    Hi bold, my situation is very similar to yours. Loan>lower payments>deal with Apex>letter from SCM> now a court claim. My advice would be to put it all in writing, showing them your IE, with a firm and concrete offer ASAP. You could ring them up to confirm it too. But i would have it in writing to them. Chances are high that you'll have a claim on your doormat otherwise. I personally wouldn't bother waiting for any credit reports. You know you had a loan, just make an affordable offer then there's not a lot they can do.
  14. marylikes
    Send and income and expenditure form to SCM showing them and offering them an affordable payment.
  15. marylikes
    Thats now going to take longer to assemble an offer, as they have not settled the counter claim in the way i would of wished they've settled it in the way they wished. So i'll have to re jig everything now to include this other account when taking stock of my finances.
  16. marylikes
    Good morning Angel. No i said that toungue in cheek, hence the smiley !! I'm going for the easy way, they're willing to mediate and the mediation service have contacted me. If the mediation is succesfull then we'll be in the same position we'd of been in if they'd have contacted me in the first place and asked to review my payments schedule. Only we'll have gone all around the houses to do it. If its unsuccesfull, then just like the clever way they shafted me with the counterclaim they'll probably send a barrister to smack my bum in court and wipe the floor with me.
  17. marylikes
    I've often thought emailing these questions to SCM direct might be more useful, but alas they don't communicate by email. In fairness, i can understand a reluctance from the team to advise me given my past critique. I think i can take a leaf out the creditors book and go for summary judgement, its been admitted and not satisfied/sorted out. Lets put the pressure on !! Looks like i'll have to trawl through all that CPR stuff on my own
  18. marylikes
    My counterclaim was for breach of BCOBS 5.1.1 in so far as it took them almost a year to look into and still not sort out my current account. During which time they whittled the balance down from over 1K to what it is now and passed me through allsorts of DCA 's whilst it was in query. The account balance had still not been resolved. From where i'm sitting it looks like they're continuing this breach, because things are getting more confusing and more complicated instead of being sorted out. I might try their tactic, i'll write to the court and tell them the claim is agreed and send them a cheque for £50 to settle it . Is there anyone who could advise me what steps i need to take to make my counterclaim "live" in so far as i don't think its been settled?
  19. marylikes
    I'm not sure whats happening to be honest, but my gut feeling is that something isn't right. I think my main concern is conveying to the court that the counterclaim although "agreed" by the claimant has not been settled and has infact been made worse for them. I just need to find out what i have to do next regards informing the court.
  20. marylikes
    Yes, their claim is for Loan, my claim was for my current account. They settled the current account/claim, only now they appear not to have. They've sold it !!
  21. marylikes
    I'm past caring about that now. They'll have known who i am from the first page. My DSAR which i recieved 2nd December never mentioned or showed any sale of account. Its strange , all of it i mean? I think someone needs their head wiggling in their office, you agree Angel?
  22. marylikes
    Which part have i misunderstood?
  23. marylikes
  24. marylikes
    Hi Angel, it has now dawned on me exactly what they have done. Its quite disingenuous to tell me the counterclaim has been agreed, tell me they have refunded x amount of charges to bring the matter to a close then infact sell the account on. Thus leaving the matter very much open. What i need to find out now is how to convey to the court that the counterclaim has not been settled. They have untill 17th December to provide a breakdown of how they have arrived at the amount claimed for. Anyone know what happens if they fail to meet this deadline?
  25. marylikes
    Hi citizenB, yes that my understanding too. The case will still rumble on and we have plenty of time to negotiate a settlement whilst its in progress.

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...