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glynn tappenden

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Posts posted by glynn tappenden

  1. it is exactly how i've written it up until"etc blah"then i've written ;exceeds actual cost to the Def in respect of breaches of contract on the part of the C;are not intendedto represent any alleged actual loss,but instead enrich the Def which exercises the contractual term in respect of such charges with a view to profit . I am claiming the return of the amounts debited in the respect of charges in the sum of ----;court costs;interest pursuant to section 69 county courts act at 8% or at such rate and for such periods as the court deems just.

    This was done on the online claim so I was unable to send my schedule of charges with it but they did have them with the prelim and lba

  2. Recieved a defence from Cobbetts today saying my particulars of claim are incoherent and I have 14 days to remedy this or they will apply for the POC to be struck out.Here are my particulars of claim

    I have an account---- with the D which I opened around 1990(didn't have date).During the time the account has been operating the D debited charges to the account in respect of purported breaches of contract on the part of the claimant.I understand the D contends the charges were debited in line with the terms of the contract between itself and I.I contend the charges debited to the account are punitive in nature;are not a genuine pre-estimate of cost incurred by the defendant etc blah blah.

    This was taken from this site and I dont understand why they have sent this particular letter and not a cpr 18 could any one out there please give me some advice as to what I should do now

  3. I have just recieved Cobbetts defence:

     

    The defendant is embarrassed by tha lack of particularity pleaded in the particulars of claim to the extent that the POC fail to disclose reasonable grounds for bringing a claim against the defendant.

     

    Am I missing something or can anyone advise me where I went wrong

  4. hello ,I am at the stage where I have recieved a defence from Cobbetts.I am a bit confused ,I filled in the particulars from the website as follows:

     

    I have an account------- with the defendant which I opened around 1990(didn't have exact date).During the time the account has beenoperating the defendant debited charges to the account in respect of purported breaches of contract on the part of the claimant.I understand the defendant contends the charges were debited in line with the terms of the contract between itself and I.I contend the charges debited to the account are punitive in nature :are not a genuine pre-estimate of cost incurred by the defendant;exceed an alleged actual cost to the defendant in respect of breaches of contract on the part of the claimant;are not intended to represent any alleged actual loss,but instead enrich the defendant which exercises the contractual term in respect of such charges with a view to profit.I am claiming the return of the amounts debited in the respect of charges in the sum of ---- court costs;interest pursuant to section 69 county courts act at 8% or at such rate and for such periods as the cort deems just.

  5. I would just like to inform people that my husband is a taxi driver who has worked extremely hard all his working life and been very careful with our finances until when he was at work,driving, a drunk driver ,3 times over the legal limit and speeding at twice the legal limit crashed into the side of my husbands car his means of earning a living which was written off,.and he was put in hospital for a long time.Thankfully after 2 years he has made a full recovery,although our finances are not so healthy,and I am sure the majority of people on this site have other non fault problems too ,so perhaps people who have nothing constructive to say could just keep their opinions to themselves and leave the site open to the people who are kind enough to help us poor souls with their nonjudgemental advice

  6. Yes I was 1 month and 2 days behind so I phoned them and made a payment for 2 months which they assured me had gone straight into my loan account,this was last week and I did this through the collections dept .Now they have called to say that they paid it into my bank account instead and i am still 2 months in arrears and that they cant pay any funds into my loan acc it has to go through my bank acc first ,well as my acc is over my o/d limit due to nearly £10,000 of unlawful charges ,I have to clear my o/d and put enough in for the loan,this equates to nearly £1400,please give me some advice,is it true that you cannot pay money directly off your loan,my mother-in-law payed for this on her debit card specifically for the loan we stipulated it was for the loan and they confirmed that it had been applied to the loan acc .

  7. Actually I sent the prelim adding a paragraph "I am very disappointed that my private info was sent to another customer , feel that this was a serious breach of the Data Protection Act 1998 and would expect that you personally ensure that the following matters be dealt with promptly" did the trick recieved full refund within 1 week:lol: :lol:

  8. Sent off my prelim to b/card recieved a letter today offering a partial refund ,the difference between the £12 recommended by the OFT and what they have actually charged is this all I can hope to retrieve now or am I entitled to a full refund?:confused:

  9. Just wanted to ask some advice,I sent off my S.A.R with my check for £10 to marbles they recieved it and then sent all my statements to another customer who then opened and read some of my statements luckily she is doing the same thing and realised what was happening and phoned me to let me know,marbles have now sent the statements to me with a letter of apology but I feel I should complain .Does anyone know what body I should complain to?

  10. I have no idea, I was going on calender days and I think if it was 14 working days then the template would have specified it as such.I,m going to carry on as 14 calender days unless someone else on this forum says otherwise!!!!again ,another delaying tactic by Natworst

  11. As I understand it you have given them fourteen days to reply, they have but I think it is a delaying tactic,I had a similar letter ,but I believe that as long as you,ve given them fourteen days you can send them the lba now .I was advised by the mod to stick to timetable,DON,T LET THEM MESS YOU AROUND!!!This is only my opinion its really up to you

  12. Thanks alot for your help,this is all a bit daunting and when I think I,ve got the hang of it all something new on the threads will fill my fairly empty head(it has to be said)with loads of new quanderies,but you,ve put my mind at rest until I start reading again tomorrow!!!!

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