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Posts posted by ED1237

  1. I have a claim ongoing for a NatWest business account for just over £40k going back to 1991. The case was listed for a CMC for tomorrow morning. I had previously sent Cobbetts a CPR18 request which they failed to comply with and so I subsequently made an application for the court to order them to do so. The court set a hearing application date in January so I wrote to them asking that the hearing be brought forward prio to the CMC or that the hearing for tomoorow be vacated and listedfor after the application hearing.

    I found out yesterday that the cout have tagged on the application hearing onto the CMC hearing and therefore I do not have the relevant T & C for te period in questionFurthermore, rather than sending thier usuual Solicitor, they are sending along a London Barrister. Tha main issues to be looked at tomorrow are the Staute of Limitatons, Doctrine of Laches and legality of charges as well as the CPR18 Disclosure

    Any help guidance on this would be greatfully appreciated before I have a heart attack. They have also proposed that should a full hearing take place then the case should be listed for a two day hearing.

  2. Hi Nomis,


    Ok, here is the defintition provided by the FSA:-




    show_instruments_icon.gifFIT 1.3 Assessing fitness and propriety



    FIT 1.3.1 guide_icon.gif The FSA will have regard to a number of factors when assessing the fitness and propriety of a person to perform a particular controlled function. The most important considerations will be the person's: (1) honesty, integrity and reputation;

    (2) competence and capability; and

    (3) financial soundness.

    FIT 1.3.2 guide_icon.gif In assessing fitness and propriety, the FSA will also take account of the activities of the firm for which the controlled function is or is to be performed, the permission held by that firm and the markets within which it operates. FIT 1.3.3 guide_icon.gif The criteria listed in FIT 2.1 to FIT 2.3 are guidance and will be applied in general terms when the FSA is determining a person's fitness and propriety. It would be impossible to produce a definitive list of all the matters which would be relevant to a particular determination. FIT 1.3.4 guide_icon.gif If a matter comes to the FSA's attention which suggests that the person might not be fit and proper, the FSA will take into account how relevant and how important it is. FIT 1.3.5 guide_icon.gif During the application process, the FSA may discuss the assessment of the candidate's fitness and propriety informally with the firm making the application and may retain any notes of those discussions.

    Now the question is, are you personally regulated by the FSA? If not then it is not applicable to you. Secondly if you are regulated, then I would ask for the matter to be referred to the FSA (Including your statement of facts) for review.


    IMHO I personally think that the FSA would find this a trivial matter and therefore not find you unfit.


    If they refuse to take this course, then I agree with Bookworm where she stated that you should make them brutually aware that you will take this to an ET.


    Hope this helps a bit.



  3. They will have to prove that the last communication was within the limitation period. If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies. If it was taken out in Scotland then I would also demand that the DCA removes the default from the creditfile. Hope this helps.

  4. Unfortuantly not. There was some research on the subject a couple of years ago and the shocking statistic is that it is estimated that 35% of fathers names on birth certificates are not the biological fathers. Now most people come into contact with 100 people, so which are the 35 that you know who have no idea that thier father isnt thier father.

  5. Oh bugger. just re-read the court directions. Bundle due on by 4pm 8th not 26th as i had previously read. The 26th is the date on which the negotiation period ends. Any help with what must be in my statement will be gratefully appreciated. It looks like it will be a long night.

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