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Everything posted by ED1237

  1. Phoned the court again as still not heard anything. They said they are a little behind on thier paperwork, so not typed up directions yet, but are hoping to get it done soon! However the clerk did let me know I now have a hearing date of 9th February. I had better get my finger out and start the bundle. I rang Abbey as a GOGW to let them know, so they also have time to put thier bundle together!
  2. Hi claire, click on the following link. This will take you straight to the court service and allow you to download an N244. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=DC7758380F5344F1188011E2FC94B674
  3. Welcome Baggie, Start a new thread in Barclays. That way you we will be able to give you hel along the way.
  4. Hi NJB, A long a lengthy one from Cobbetts (thier solicitor) You will also receive a CPR 18 request demanding further info. So long as your claim is under 5K, thier are a couple of responses to this in the Natwest stickies. This is just to try and intimidate you. Everyone has had it so don't panic. Hoe this helps
  5. Best bet is to keep quiet, else one of two things happens. Either you will get lumbered helping your friends and family because they are to lazy or stupid, or you will receive a torrent of abuse from those ignorant few who beleive everything they read in the sun (whilst claiming to read a broadsheet)
  6. Sorry Boysey, every car park I have come accross states they are not liable for damage. The claim of safe and secure will merely mean from theft, and even that will not be guaranteed. I'm afraid your lumbered with this one.
  7. Ok Slina, once you have been granted judgement in default, you will need to apply for a warrant of execution. This is form N323 and is available online at the court service. This means the Baliffs will visit the banks offices to secure goods to the value or collect a cheque.
  8. Right Clair, first things first. You must read the FAQ's before you do anything. Secondly read through the threads in the bank you itend to claim from. The first thing you need to do is send a Subject Access Request which you will find in Bank templates. When you begin the process start a thread in the relevant bank. That way people dealing with the same bank will be able to help you along the way.
  9. They will write to you an offer before they pay you anything. Once they have offered the full amount, and you have not only accepted but received cleared funds, you write to the court and advise you are withdrawing the claim as the defendent has paid in full. This not only lets the court know you are withdrawing your claim, but also lets them know the banks are still wasting court time.
  10. Allyxia, Limit is six years on the provision she has had no contact during that time. If that is the case then get her to send letter M from this link. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html. Hope this helps
  11. It all hinges on the date of your prelim letter. It is six years back from that date. It does not effect the forward date, so say my prelim was dated 1st August 2006, the earliest date would be 1st August 2000. However if I filed in October 2006 and between the prelim and filing I had been charged further penalties, I could include them in the claim. I hope taht makes sense
  12. It's up to you, but I would only accept it as part payment and let the court date loom. They will bottle it and settle in full.
  13. Shelter is absolutly correct. The length of the contract was for 12 months. The 2 months notice would only apply during that period. I would write to the landlord and advise of this fact, and demand the return of the deposit. Give him 14 days to comply. If he doesn't send a letter before action giving him another 14 days then file a claim with the court. I hope this helps.
  14. Hi Paul, You are right and they are wrong. Send a letter to the solicitors and the court advising the 6 years aplies to first demand, not filing in court. On the letter make sure you cc the court so that Solicitors know that you have done it.
  15. You should be able to choose. I would write to them and advise thier jewellers do not offer the same product as the insured item and therefore you wish to purchase elsewhere
  16. Hi Slina, I would give MCOL a ring to ascertain the reasons. It may be that they are behind on processing and have had the defence, but they will happily advise you. Hope this helps
  17. Hi NJB Natwest 135 Bishopsgate London EC2M 3UR This is thier registered office and the address all legal procedding should go to.
  18. Hi Tawny, Until you send in the prelim letter asking for the charges back, the account is not yet in dispute. I would write to the DCA and advise them the account is in dispute as soon as you send the prelim. To stall dealing with them. I would send a CCA request to the agency which is letter N on this link. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html this should stall them for long enough to get the info back frem AMEX and get your prelim in. I hope this helps.
  19. Hi Humbleman, The simple answer is yes you can claim. If your claiming statutory interest then you will have to wait until you file with the court. If your claiming contractual, then you can with the prelim letter. As they are unlikely to settle before you file, unless your were on a sky high interest rate, it will probably be benificial to go along the statutory route. However, the decision is yours.
  20. Two years ago, I had to give up work to look after my wife. I applied for benifefits incliding the interest on our mortgage to be paid. B'ham Midshires managed to lose 3 of the forms they were supposed to send to the DWP. All the time we were falling further and further into arrears. They ulimatly applied for and got a possession order. My father in law paid 75% of the arrears and we managed to get the order suspended on the agreement we paid extra each month until the arrears were cleared. We abided by this and are now clear. I asked them to write to the court to advise them and after several phone calls they finally did this. I then made an application to the court to have the possession order removed. B'ham midshires wrote to the court advising they would not attend and did not oppose. However the Judge said he couldn't remove the order as it was correct at the time of issue. He then went onto say he didn't know what order to make. He was going to strike out, but I managed to get an adjornment, but I have to provide both him and the solicitors with a draft order. Sorry this is long winded, but can anyone help?
  21. I don't see an issue in claiming interest on it. The interest mearly reflects that they instead of you have had the benefit of the money. My claim is still ongoing, but I have claimed the basic 8% to keep it simple.
  22. If your on income support and haven't already done so, you can also apply for the interest to be paid on the mortgage which may help. You need form MI12 from your local job centre. You need to fill your section out and then send it registered to the building society. You can not get the order over turned but you can get the order suspended. You need to make an application to the court. You need to get some advice from a solicitor or the CAB.
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